- Latest available (Revised)
- Point in Time (26/11/2008)
- Original (As enacted)
Version Superseded: 01/04/2010
Point in time view as at 26/11/2008.
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Textual Amendments
F1Pt. 2 heading substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 49 (with art. 7)
Textual Amendments
F2S. 30 crossheading omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 50 (with art. 7)
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Textual Amendments
F3S. 30 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 50 (with art. 7)
(1)The [F4National Assembly for Wales (the National Assembly)] must secure the provision of proper facilities for—
(a)education (other than higher education) suitable to the requirements of persons who are above compulsory school age but have not attained the age of 19,
(b)training suitable to the requirements of such persons,
(c)organised leisure-time occupation connected with such education, and
(d)organised leisure-time occupation connected with such training.
(2)Facilities are proper if they are—
(a)of a quantity sufficient to meet the reasonable needs of individuals, and
(b)of a quality adequate to meet those needs.
(3)In performing the duty imposed on it by subsection (1) the [F5National Assembly] must—
(a)take account of the places where facilities are provided, the character of facilities and the way they are equipped;
(b)take account of the different abilities and aptitudes of different persons;
(c)take account of the education and training required in different sectors of employment for employees and potential employees;
(d)take account of facilities whose provision the [F5National Assembly] thinks might reasonably be secured by other persons;
F6(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)For the purposes of this section—
(a)education includes both full-time and part-time education;
(b)training includes both full-time and part-time training;
(c)training includes vocational, social, physical and recreational training;
(d)higher education is education provided by means of a course of any description mentioned in Schedule 6 to the M1Education Reform Act 1988.
Textual Amendments
F4Words in s. 31(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 51(a) (with art. 7)
F5Words in s. 31(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 51(b) (with art. 7)
F6 S. 31(3)(e) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238) , art. 1(1) , Sch. 1 para. 51(c) (with art. 7 )
F7 S. 31(4) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238) , art. 1(1) , Sch. 1 para. 51(d) (with art. 7 )
Commencement Information
I1 S. 31 not in force at Royal Assent see s. 154; s. 31 in force for W. at 1.4.2001 by S.I. 2001/1274 , art. 2 , Sch. Pt. I
Marginal Citations
M1 1988 c. 40 .
(1)The [F8National Assembly] must secure the provision of reasonable facilities for—
(a)education (other than higher education) suitable to the requirements of persons who have attained the age of 19,
(b)training suitable to the requirements of such persons,
(c)organised leisure-time occupation connected with such education, and
(d)organised leisure-time occupation connected with such training.
F9(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In performing the duty imposed on it by subsection (1) the [F10National Assembly] must—
(a)take account of the places where facilities are provided, the character of facilities and the way they are equipped;
(b)take account of the different abilities and aptitudes of different persons;
(c)take account of the education and training required in different sectors of employment for employees and potential employees;
(d)take account of facilities whose provision the [F10National Assembly] thinks might reasonably be secured by other persons;
F11(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)For the purposes of this section—
(a)education includes both full-time and part-time education;
(b)training includes both full-time and part-time training;
(c)training includes vocational, social, physical and recreational training;
(d)higher education is education provided by means of a course of any description mentioned in Schedule 6 to the M2Education Reform Act 1988.
(6)References in this Part to post-16 education are to—
(a)education falling within section 31(1)(a) or subsection (1)(a) above, and
(b)organised leisure-time occupation connected with such education.
(7)References in this Part to post-16 training are to—
(a)training falling within section 31(1)(b) or subsection (1)(b) above, and
(b)organised leisure-time occupation connected with such training.
Textual Amendments
F8Words in s. 32(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 52(a) (with art. 7)
F9 S. 32(2) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 52(b) (with art. 7)
F10Words in s. 32(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 52(c) (with art. 7)
F11 S. 32(3)(e) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 52(d) (with art. 7)
F12 S. 32(4) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 52(e) (with art. 7)
Commencement Information
I2 S. 32 not in force at Royal Assent see s. 154; s. 32 in force for W. at 1.4.2001 by S.I. 2001/1274 , art. 2 , Sch. Pt. I
Marginal Citations
M2 1988 c. 40 .
The [F13National Assembly] must—
(a)encourage individuals to undergo post-16 education and training;
(b)encourage employers to participate in the provision of post-16 education and training;
(c)encourage employers to contribute to the costs of post-16 education and training.
Textual Amendments
F13Words in s. 33 substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 53 (with art. 7)
Commencement Information
I3 S. 33 not in force at Royal Assent see s. 154; s. 33 in force for W. at 1.4.2001 by S.I. 2001/1274 , art. 2 , Sch. Pt. I
(1)The [F14National Assembly] may secure the provision of financial resources to—
(a)persons providing or proposing to provide post-16 education or training;
(b)persons providing or proposing to provide goods or services in connection with the provision by others of post-16 education or training;
(c)persons receiving or proposing to receive post-16 education or training;
(d)persons providing or proposing to provide courses falling within paragraph 1(g) or (h) of Schedule 6 to the M3Education Reform Act 1988 (courses in preparation for professional examinations at a higher level or providing education at a higher level);
(e)institutions within the further or higher education sector (within the meaning of section 91 of the M4Further and Higher Education Act 1992) which provide or propose to provide secondary education (other than post-16 education);
(f)persons undertaking or proposing to undertake research relating to education or training;
(g)persons providing or proposing to provide facilities designed to form links between (on the one hand) employers and (on the other) persons who provide or receive education or training;
(h)persons carrying out means tests under arrangements made under section 37;
(i)persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).
(2)The [F15National Assembly] may secure the provision of financial resources under subsection (1)—
(a)by providing resources itself;
(b)by making arrangements for the provision of resources by another person;
(c)by making arrangements for the provision of resources by persons jointly (whether or not including the [F15National Assembly]).
(3)In exercising its power under subsection (1)(c) the [F14National Assembly] may secure the provision of financial resources by reference to any fees or charges payable by the person receiving or proposing to receive the education or training or to any other matter (such as transport or childcare).
Textual Amendments
F14Words in s. 34(1)(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 54(a) (with art. 7)
F15Words in s. 34(2) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 54(b) (with art. 7)
Commencement Information
I4S. 34 not in force at Royal Assent see s. 154; s. 34 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
Marginal Citations
(1)If the [F16National Assembly] itself provides financial resources [F17under section 34]it may impose conditions; and the conditions may include any provisions described below.
(2)The conditions may—
(a)require the [F18National Assembly] or a person designated by it to be allowed access to a person’s accounts and documents and to be given rights in relation to a person’s computers and associated apparatus and material;
(b)require a person to whom financial resources are provided to give to the [F19National Assembly] information it requests for the purpose of carrying out its functions.
(3)The conditions may require a person providing or proposing to provide education or training (the provider) to make arrangements providing for all or any of the following—
(a)for the provider to charge fees by reference to specified criteria;
(b)for the provider to make awards by reference to specified criteria;
(c)for the provider to recover amounts from persons receiving education or training or from employers (or from both);
(d)for amounts to be determined by reference to specified criteria where provision is made under paragraph (c);
(e)for specified exemptions to operate where provision is made under paragraph (c);
(f)for the provider to make provision specified in a report of an assessment conducted under section [F20139A or] 140.
(4)F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The conditions may—
(a)enable the [F22National Assembly] to require the repayment (in whole or part) of sums paid by the [F22National Assembly] if any of the conditions subject to which the sums were paid is not complied with;
(b)require the payment of interest in respect of any period in which a sum due to the [F22National Assembly] in accordance with any condition is unpaid.
(6)F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F16Words in s. 35(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 55(a)(i) (with art. 7)
F17Words in s. 35(1) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 55(a)(ii) (with art. 7)
F18Words in s. 35(2) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 55(b)(i) (with art. 7)
F19Words in s. 35(2) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 55(b)(ii) (with art. 7)
F20Words in s. 35(3)(f) inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 76(c)
F21S. 35(4)(6) repealed (1.9.2002) by 2001 c. 10, ss. 34(8), 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1
F22Words in s. 35(5) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 55(c) (with art. 7)
Commencement Information
I5S. 35 not in force at Royal Assent see s. 154; s. 35 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)The [F23National Assembly] may make a grant to a local education authority—
(a)on the condition that the grant be applied as part of the authority’s [F24schools budget] for a financial year, and
(b)with a view to the grant being used for the purposes of, or for purposes connected with, the provision by schools of education suitable to the requirements of persons above compulsory school age.
(2)A grant made under this section may be made on conditions in addition to the condition mentioned in subsection (1)(a) (including conditions of a kind which could be imposed under section 35).
(3)“[F25Schools budget]” has the same meaning as in Part II of the M5School Standards and Framework Act 1998 (framework for maintained schools).
Textual Amendments
F23Words in s. 36(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 56 (with art. 7)
F24Words in s. 36(1)(a) substituted (4.12.2003 for W., 6.11.2006 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 125(2) (with ss. 210(8), 214(4); S.I. 2003/2959, regs. 1(1), 5); S.I. 2003/2961, art. 5, Sch. Pt. 2; S.I. 2006/2895, art. 2
F25Words in s. 36(3) substituted (4.12.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 125(3) (with ss. 210(8), 214(4); S.I. 2003/2959, regs. 1(1), 5); S.I. 2003/2961, art. 5, Sch. Pt. II; S.I. 2006/2895, art. 2
Commencement Information
I6S. 36 not in force at Royal Assent see s. 154; s. 36 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I
Marginal Citations
(1)The [F26National Assembly] may develop schemes for the assessment of the performance of persons in providing post-16 education and training.
(2)The [F26National Assembly] may take the assessments into account in deciding how to exercise its powers under section 34.
(3)The [F26National Assembly] may—
(a)carry out means tests;
(b)arrange for other persons to carry out means tests.
(4)The [F26National Assembly] may take the results of the tests into account in exercising its power under section 34(1)(c).
Textual Amendments
F26Words in s. 37(1)-(4) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 57 (with art. 7)
Commencement Information
I7S. 37 not in force at Royal Assent see s. 154; s. 37 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)The [F27National Assembly] may promote—
(a)the holding of accounts which qualify under section 104;
(b)the making of arrangements which qualify under section 105.
F28(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F27Words in s. 38(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 58(a) (with art. 7)
F28S. 38(2) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 58(b) (with art. 7)
Commencement Information
I8S. 38 not in force at Royal Assent see s. 154; s. 38 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)The [F29National Assembly] may appoint a person to be a member of the governing body of an institution which—
(a)falls within the further education sector (within the meaning given by section 91(3) of the M6Further and Higher Education Act 1992), and
(b)mainly serves the population of Wales.
(2)But no more than two members of the governing body of a given institution may at any given time have been appointed under this section.
Textual Amendments
F29Words in s. 39(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 59 (with art. 7)
Commencement Information
I9S. 39 not in force at Royal Assent see s. 154; s. 39 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
Marginal Citations
F30(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The [F31National Assembly] must establish systems for collecting information which is designed to secure that its decisions with regard to education and training are made on a sound basis.
(6)The [F31National Assembly] may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).
Textual Amendments
F30S. 40(1)-(4) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 60(a) (with art. 7)
F31Words in s. 40(5)(6) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 60(b) (with art. 7)
Commencement Information
I10S. 40 not in force at Royal Assent see s. 154; s. 40 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the [F32National Assembly] must have regard—
(a)to the needs of persons with learning difficulties, and
(b)in particular, to any report of an assessment conducted under section [F33139A or] 140.
(2)If the [F34National Assembly] is satisfied that it cannot secure the provision of facilities for education or training which are sufficient in quantity and adequate in quality for a person with a learning difficulty who is over compulsory school age but who has not attained the age of 19 unless it also secures the provision of boarding accommodation for him, the [F34National Assembly] must secure the provision of boarding accommodation for him.
(3)If the [F34National Assembly] is satisfied that it cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 19 but not the age of 25 unless it also secures the provision of boarding accommodation for him, the [F34National Assembly] must secure the provision of boarding accommodation for him.
(4)If the [F34National Assembly] is satisfied that it cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 25 unless it also secures the provision of boarding accommodation for him, the [F34National Assembly] may secure the provision of boarding accommodation for him.
(5)A person has a learning difficulty if—
(a)he has a significantly greater difficulty in learning than the majority of persons of his age, or
(b)he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions providing post-16 education or training.
(6)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.
Textual Amendments
F32Words in s. 41(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 61(a) (with art. 7)
F33Words in s. 41(1)(b) inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 76(d)
F34Words in s. 41(2)(3)(4) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 61(b) (with art. 7)
Commencement Information
I11S. 41 not in force at Royal Assent see s. 154; s. 41 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
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Textual Amendments
F35Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
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Textual Amendments
F35Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
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Textual Amendments
F35Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
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Textual Amendments
F35Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
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Textual Amendments
F35Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
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Textual Amendments
F35Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
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Textual Amendments
F35Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
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Textual Amendments
F35Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
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Textual Amendments
F35Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
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Textual Amendments
F35Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)
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