Part IIFurther Education and Sixth Form Education: Wales
Other functions
41 Persons with learning difficulties.
(1)
In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the F1Welsh Ministers 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 F2... 140.
(2)
If the F3Welsh Ministers are satisfied that F4they 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 F5they also secure the provision of boarding accommodation for him, the F6Welsh Ministers must secure the provision of boarding accommodation for him.
(3)
If the F3Welsh Ministers are satisfied that F4they 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 F5they also secure the provision of boarding accommodation for him, the F6Welsh Ministers must secure the provision of boarding accommodation for him.
(4)
If the F3Welsh Ministers are satisfied that F4they 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 F5they also secure the provision of boarding accommodation for him, the F7Welsh Ministers 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.