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Changes over time for: Section 41


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Version Superseded: 26/11/2008
Status:
Point in time view as at 01/04/2006. This version of this provision has been superseded.

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Changes to legislation:
Learning and Skills Act 2000, Section 41 is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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41 Persons with learning difficulties.E+W
This section has no associated Explanatory Notes
(1)In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the [National 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 140.
(2)If the [National 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 [National Assembly] must secure the provision of boarding accommodation for him.
(3)If the [National 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 [National Assembly] must secure the provision of boarding accommodation for him.
(4)If the [National 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 [National 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.
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