Part IIF2Further Education and Sixth Form Education: Wales
Main powers
I134 Provision of financial resources.
1
The F3National 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 M1Education 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 M2Further 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 F4National 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 F4National Assembly).
3
In exercising its power under subsection (1)(c) the F3National 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).
I235 Financial resources: conditions.
1
2
The conditions may—
a
require the F7National 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 F8National 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 F17139A or 140.
4
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5
The conditions may—
a
b
require the payment of interest in respect of any period in which a sum due to the F9National Assembly in accordance with any condition is unpaid.
6
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I336 Funding of school sixth-forms.
1
The F10National 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 F15schools 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
I437 Assessments and means tests.
1
The F11National Assembly may develop schemes for the assessment of the performance of persons in providing post-16 education and training.
2
The F11National Assembly may take the assessments into account in deciding how to exercise its powers under section 34.
3
The F11National Assembly may—
a
carry out means tests;
b
arrange for other persons to carry out means tests.
4
The F11National Assembly may take the results of the tests into account in exercising its power under section 34(1)(c).
I538 Qualifying accounts and arrangements.
1
The F12National Assembly may promote—
a
the holding of accounts which qualify under section 104;
b
the making of arrangements which qualify under section 105.
F132
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I639 Further education: governors.
1
The F14National 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 M4Further 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.
Pt. 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)