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)
Modifications etc. (not altering text)
C1Pt. 2 certain functions made exercisable jointly with the Welsh Ministers (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 113(3)(f), 124(5); S.I. 2018/241, reg. 2(m)
(1)[F2Welsh Ministers] 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, F3...
(b)of a quality adequate to meet those needs [F4and ]
[F5(c)sufficient to satisfy the entitlements conferred under section 33F]
(3)In performing the duty imposed [F6on them] by subsection (1) the [F7Welsh Ministers] 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;
[F8(cc)take account of the education and training that is required in order to ensure that employees and potential employees are available who are able to deliver additional learning provision in Welsh;
(cd)take account of the education and training that is required in order to ensure that facilities are available for assessing through the medium of Welsh whether persons have additional learning needs;]
(d)take account of facilities whose provision the [F9Welsh Ministers think] might reasonably be secured by other persons;
F10(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(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
F2Words in s. 31(1) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 4(a); S.I. 2011/97, art. 2(1)(p)
F3Word in s. 31(2)(a) repealed (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 21(2)(a), 49(2); S.I. 2011/97, art. 2(2)(a)
F4Word in s. 31(2)(b) inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 21(2)(b), 49(2); S.I. 2011/97, art. 2(2)(a)
F5S. 31(2)(c) inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 21(2)(c), 49(2); S.I. 2011/97, art. 2(2)(a)
F6Words in s. 31(3) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 4(b); S.I. 2011/97, art. 2(1)(p)
F7Words in s. 31(3) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 4(c); S.I. 2011/97, art. 2(1)(p)
F8S. 31(3)(cc)(cd) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 50(2), 100(3); S.I. 2021/373, art. 8(b)
F9Words in s. 31(3)(d) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 4(d); S.I. 2011/97, art. 2(1)(p)
F10 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 )
F11 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 )
Modifications etc. (not altering text)
C2S. 31: power to modify conferred (temp.) (25.9.2022) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 7 (with ss. 88-90) (which affecting provision is continued by S.I. 2022/348, regs. 1(2), 2(2)(c)(iv)); and which affecting provision expires (25.9.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89)
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 [F12Welsh Ministers] 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.
F13(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In performing the duty imposed [F14on them] by subsection (1) the [F15Welsh Ministers] 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;
[F16(cc)take account of the education and training that is required in order to ensure that employees and potential employees are available who are able to deliver additional learning provision in Welsh;
(cd)take account of the education and training that is required in order to ensure that facilities are available for assessing through the medium of Welsh whether persons have additional learning needs;]
(d)take account of facilities whose provision the [F17Welsh Ministers think] might reasonably be secured by other persons;
F18(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19(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
F12 Words in s. 32(1) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)
F13 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)
F14 Words in s. 32(3) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1) , s. 49(2), Sch. para. 5(a); S.I. 2011/97, art. 2(1)(p)
F15 Words in s. 32(3) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1) , s. 49(2), Sch. para. 5(b); S.I. 2011/97, art. 2(1)(p)
F16S. 32(3)(cc)(cd) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 50(3), 100(3); S.I. 2021/373, art. 8(b)
F17 Words in s. 32(3) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1) , s. 49(2), Sch. para. 5(c); S.I. 2011/97, art. 2(1)(p)
F18 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)
F19 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)
Modifications etc. (not altering text)
C3S. 32: power to modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 7 (with ss. 88-90) (which affecting provision is continued by S.I. 2022/348, regs. 1(2), 2(2)(c)(iv)); and which affecting provision expires (25.9.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89)
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 [F20Welsh Ministers] 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
F20Words in s. 33 substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)
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