Government of Wales Act 2006 (c. 32)

SCHEDULES

SCHEDULE 5 U.K. Assembly Measures

Part 1 U.K. Matters

 

• Field 1: agriculture, fisheries, forestry and rural development

• Field 2: ancient monuments and historic buildings

• Field 3: culture

• Field 4: economic development

• Field 5: education and training

  • [F1 Matter 5.1

  • Provision about the categories of school that may be maintained by local education authorities.

  • Matter 5.2

  • Provision about the establishment and discontinuance of schools maintained by local education authorities, their change from one category to another and their alteration in other respects.

  • Matter 5.3

  • Provision about the admission of pupils to schools maintained by local education authorities.

  • Matter 5.4

  • Provision about the curriculum in schools maintained by local education authorities.

  • Matter 5.5

  • Provision about school attendance, the behaviour of pupils at school, school discipline and the exclusion of pupils from school (including the duties of parents in connection with those matters).

  • Matter 5.6

  • Provision about the making of arrangements for the provision of education for persons of compulsory school age who have been excluded from schools or who for any other reason would not otherwise receive suitable education.

  • Matter 5.7

  • Provision about entitlement to primary, secondary and further education and to training.

  • Matter 5.8

  • Provision about the provision of services that are intended to encourage, enable or assist people—

    (a)

    to participate effectively in education or training,

    (b)

    to take advantage of opportunities for employment, or

    (c)

    to participate effectively in the life of their communities.

  • Matter 5.9

  • Provision about food and drink provided on school premises or provided for children at a place where they receive education or childcare.

  • Matter 5.10

  • Provision about the travel of persons receiving primary, secondary or further education or training to and from the schools or other places where they receive it.

  • This does not include provision about any of the following—

    (a)

    the regulation of the use of motor vehicles on roads, their construction and equipment and conditions under which they may be so used;

    (b)

    road traffic offences;

    (c)

    driver licensing;

    (d)

    driving instruction;

    (e)

    insurance of motor vehicles;

    (f)

    drivers' hours;

    (g)

    traffic regulation on special roads, pedestrian crossings, traffic signs and speed limits;

    (i)

    the provision and regulation of railway services, apart from financial assistance which—

    (i)

    does not relate to the carriage of goods,

    (ii)

    is not made in connection with a railway administration order, and

    (iii)

    is not made in connection with Council Regulation (EEC) 1191/69 as amended by Council Regulation (EEC) No. 1893/91 on public service obligations in transport;

    (j)

    transport security;

    (k)

    shipping, apart from financial assistance for shipping services to, from or within Wales;

    (l)

    navigational rights and freedoms, apart from regulation of works which may obstruct or endanger navigation;

    (m)

    technical and safety standards of vessels;

    (n)

    harbours, docks, piers and boatslips, apart from those used or required wholly or mainly for communications between places in Wales;

    (o)

    registration of local bus services, and the application and enforcement of traffic regulation conditions in relation to those services.

  • [F2 Matter 5.11

  • Provision for and in connection with securing the provision of facilities for post-16 education or training.

  • Matter 5.12

  • Provision for and in connection with the establishment and dissolution of—

    (a)

    institutions concerned with the provision of further education, and

    (b)

    bodies that conduct such institutions,

    including the circumstances in which an educational institution becomes or ceases to be an institution concerned with the provision of further education.

  • Provision about—

    (a)

    the conduct and functions of such institutions and bodies that conduct such institutions;

    (b)

    the property, rights and liabilities of such institutions and bodies that conduct such institutions;

    (c)

    property held by any person for the purposes of such an institution;

    (d)

    the governance and staff of such institutions.

  • Matter 5.13

  • Provision for and in connection with securing collaboration—

    (a)

    between bodies that conduct institutions concerned with the provision of further education, or

    (b)

    between one or more such bodies and other persons or bodies that have functions relating to education or training in Wales,

    including, in particular, provision for and in connection with the establishment of bodies for the purpose of discharging functions on behalf of one or more persons or bodies that are party to arrangements for collaboration.

  • Matter 5.14

  • The provision of financial resources for and in connection with—

    (a)

    education or training provided by institutions concerned with the provision of further education;

    (b)

    post-16 education or training provided otherwise than by such institutions;

    (c)

    the carrying out of research relating to education or training falling within paragraph (a) or (b).

  • Matter 5.15

  • The inspection of—

    (a)

    education or training provided by institutions concerned with the provision of further education;

    (b)

    post-16 education or training provided otherwise than by such institutions;

    (c)

    the training of teachers and specialist teaching assistants for schools;

    (d)

    services of the kinds mentioned in matter 5.8.

  • Matter 5.16

  • The provision of advice and information in connection with, and the carrying out of studies in relation to, any of the kinds of education, training or services mentioned in matter 5.15.]

  • Interpretation of this field

  • Expressions used in this field and in the Education Act 1996 have the same meaning in this field as in that Act.]

  • [F3 In this field—

  • “post-16 education” means—

    (a)

    education (other than higher education) suitable to the requirements of persons who are above compulsory school age, and

    (b)

    organised leisure-time occupation connected with such education;

  • “post-16 training” means—

    (a)

    training suitable to the requirements of persons who are above compulsory school age, and

    (b)

    organised leisure-time occupation connected with such training.

  • References in this field to an institution concerned with the provision of further education are references to an educational institution, other than a school or an institution within the higher education sector (within the meaning of the Further and Higher Education Act 1992), that is conducted (whether or not exclusively) for the purpose of providing further education.]

• Field 6: environment

• Field 7: fire and rescue services and promotion of fire safety

• Field 8: food

• Field 9: health and health services

  • [F4 Matter 9.1

  • Provision for and in connection with the provision of redress without recourse to civil proceedings in circumstances in which, under the law of England and Wales, qualifying liability in tort arises in connection with the provision of services (in Wales or elsewhere) as part of the health service in Wales.

  • Interpretation of this field

  • In this field—

    • “the health service in Wales” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006;

    • “illness” has the same meaning as in that Act;

    • “patient” has the same meaning as in that Act;

    • “personal injury” includes any disease and any impairment of a person's physical or mental health;

    • “qualifying liability in tort” means liability in tort owed in respect of or consequent upon personal injury or loss arising out of or in connection with breach of a duty of care owed to any person in connection with the diagnosis of illness or the care or treatment of any patient.]

• Field 10: highways and transport

• Field 11: housing

• Field 12: local government

• Field 13: National Assembly for Wales

  • Matter 13.1

  • Creation of, and conferral of functions on, an office or body for and in connection with investigating complaints about the conduct of Assembly members and reporting on the outcome of such investigations to the Assembly.

  • Matter 13.2

  • Conferral of functions on the Assembly Commission for and in connection with facilitating the exercise by the Assembly of its functions (including the provision to the Assembly of the property, staff and services required for the Assembly's purposes).

  • Matter 13.3

  • Provision for and in connection with the payment of salaries, allowances, pensions and gratuities to or in respect of Assembly members, the First Minister, any Welsh Minister appointed under section 48, the Counsel General and any Deputy Welsh Minister.

  • Matter 13.4

  • Provision for and in connection with the creation and maintenance of a register of interests of Assembly members and the Counsel General.

  • Matter 13.5

  • Provision about the meaning of Welsh words and phrases in—

    (a)

    Assembly Measures,

    (b)

    subordinate legislation made under Assembly Measures, and

    (c)

    subordinate legislation not so made but made by the Welsh Ministers, the First Minister or the Counsel General.

  • Matter 13.6

  • Provision for and in connection with the procedures for dealing with proposed private Assembly Measures, including, in particular—

    (a)

    procedures for hearing the promoters of, and objectors, to proposed private Assembly Measures,

    (b)

    the persons who may represent such promoters and objectors, and the qualifications that such persons must possess,

    (c)

    the imposition of fees for and in connection with the promotion of proposed private Assembly Measures, and

    (d)

    the assessment of costs incurred in connection with proposed private Assembly Measures.

• Field 14: public administration

• Field 15: social welfare

• Field 16: sport and recreation

• Field 17: tourism

• Field 18: town and country planning

• Field 19: water and flood defence

• Field 20: Welsh language

Textual Amendments

F1 Sch. 5 Pt. 1 Field 5: Matters 5.1-5.10 and "Interpretation of this field" words inserted by The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 (S.I. 2007/910), art. 3 (with art. 2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see art. 1(2) of the amending Order and s. 161(5) of this Act.

F2 Sch. 5 Pt. 1 Field 5: Matters 5.11-5.16 inserted (23.12.2007) by Further Education and Training Act 2007 (c. 25), ss. 27, 32(2)

F3 Sch. 5 Pt. 1 Field 5: words inserted (23.12.2007) by Further Education and Training Act 2007 (c. 25), ss. 27, 32(2)

F4 Sch. 5 Pt. 1 Field 9: Matter 9.1 inserted by The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 (S.I. 2007/910), art. 3 (with art. 2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see Government of Wales Act 2006, s. 161(5)