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- Point in Time (10/07/2008)
- Original (As enacted)
Version Superseded: 11/12/2008
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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
[F1Matter 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—
to participate effectively in education or training,
to take advantage of opportunities for employment, or
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
[F2Arrangements for persons to travel to and from the places where they receive education or training.
This matter applies to—
persons receiving nursery, primary, secondary or further education or training;
persons described in matter 5.17 receiving higher education.
This matter does not include any of the following—]
the regulation of the use of motor vehicles on roads, their construction and equipment and conditions under which they may be so used;
road traffic offences;
driver licensing;
driving instruction;
insurance of motor vehicles;
drivers' hours;
traffic regulation on special roads, pedestrian crossings, traffic signs and speed limits;
the provision and regulation of railway services, apart from financial assistance which—
does not relate to the carriage of goods,
is not made in connection with a railway administration order, and
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;
transport security;
shipping, apart from financial assistance for shipping services to, from or within Wales;
navigational rights and freedoms, apart from regulation of works which may obstruct or endanger navigation;
technical and safety standards of vessels;
harbours, docks, piers and boatslips, apart from those used or required wholly or mainly for communications between places in Wales;
registration of local bus services, and the application and enforcement of traffic regulation conditions in relation to those services.
[F3Matter 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—
institutions concerned with the provision of further education, and
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—
the conduct and functions of such institutions and bodies that conduct such institutions;
the property, rights and liabilities of such institutions and bodies that conduct such institutions;
property held by any person for the purposes of such an institution;
the governance and staff of such institutions.
Matter 5.13
Provision for and in connection with securing collaboration—
between bodies that conduct institutions concerned with the provision of further education, or
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—
education or training provided by institutions concerned with the provision of further education;
post-16 education or training provided otherwise than by such institutions;
the carrying out of research relating to education or training falling within paragraph (a) or (b).
Matter 5.15
The inspection of—
education or training provided by institutions concerned with the provision of further education;
post-16 education or training provided otherwise than by such institutions;
the training of teachers and specialist teaching assistants for schools;
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.]
[F4Matter 5.17
This matter does not include arrangements for persons to travel to and from the places where they receive education or training.
Education and training for—
persons who have a greater difficulty in learning than the majority of persons of the same age as those persons;
persons who have, or have had—
a physical or mental impairment, or
a progressive health condition (such as cancer, multiple sclerosis or HIV infection) where it is at a stage involving no physical or mental impairment.]
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.]
[F5In this field—
[F6“nursery education” means education suitable for children who have not attained compulsory school age;]
“post-16 education” means—
education (other than higher education) suitable to the requirements of persons who are above compulsory school age, and
organised leisure-time occupation connected with such education;
“post-16 training” means—
training suitable to the requirements of persons who are above compulsory school age, and
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
[F7Matter 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
[F8Matter 12.1
“Principal area” means a county borough or a county in Wales, and “principal council” means a council for a principal area.
Provision for and in connection with—
(a) the constitution of new principal areas and the abolition or alteration of existing principal areas, and
(b) the establishment of councils for new principal areas and the abolition of existing principal councils.
Matter 12.2
Provision for and in connection with—
the procedure for the making and coming into force of byelaws, and
the enforcement of byelaws.
“Byelaws” means those of a class which may be confirmed by the Welsh Ministers (but the provision which may be made includes provision to remove a requirement of confirmation).
Matter 12.3
Any of the following—
the principles which are to govern the conduct of members of relevant authorities,
codes of conduct for such members,
the conferral on any person of functions relating to the promotion or maintenance of high standards of conduct of such members (including the establishment of bodies to have such functions),
the making or handling of allegations that members (or former members) of relevant authorities have breached standards of conduct, including in particular—
the investigation and adjudication of such allegations and reports on the outcome of investigations,
the action that may be taken where breaches are found to have occurred,
codes of conduct for employees of relevant authorities.
For the purposes of this matter—
“relevant authority” has the same meaning as in Part 3 of the Local Government Act 2000, except that other than in paragraph (d) it does not include a police authority,
“member” includes a co-opted member within the meaning of that Part.
Matter 12.4
Provision for and in connection with strategies of county councils and county borough councils for promoting or improving the economic, social or environmental well-being of their areas or contributing to the achievement of sustainable development in the United Kingdom, including provision imposing requirements in connection with such strategies on other persons with functions of a public nature.
Matter 12.5
Provision for and in connection with—
the making of arrangements by relevant Welsh authorities to secure improvement in the way in which their functions are exercised,
the making of arrangements by relevant Welsh authorities for the involvement in the exercise of their functions of people who are likely to be affected by, or interested in, the exercise of the functions, and
the assessment and inspection of the performance of relevant Welsh authorities in exercising their functions.
The following are “relevant Welsh authorities”—
a county council, county borough council or community council in Wales,
a National Park authority for a National Park in Wales,
a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,
a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 in respect of which the county council or charging authority referred to in section 74(1)(b) of that Act was a council or authority for an area in Wales,
a body to which section 75 of that Act applies (special levies) and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in Wales.]
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—
Assembly Measures,
subordinate legislation made under Assembly Measures, and
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—
procedures for hearing the promoters of, and objectors, to proposed private Assembly Measures,
the persons who may represent such promoters and objectors, and the qualifications that such persons must possess,
the imposition of fees for and in connection with the promotion of proposed private Assembly Measures, and
the assessment of costs incurred in connection with proposed private Assembly Measures.
Field 14: public administration
Field 15: social welfare
[F9Matter 15.1
Charges levied by local authorities for social care services provided or secured by them and payments in respect of individuals with needs relating to their well-being so that they, or persons looking after them, may secure social care services to meet those needs.
This matter does not include any of the following—
child support;
tax credits;
child benefit and guardian's allowance;
social security;
independent living funds;
motability.
Interpretation of this field
In this field—
“local authorities”means the councils of counties or county boroughs in Wales;
“social care services”means any of the following provided in connection with the well-being of any person: non-residential care services; advice, counselling or advocacy services; or any other assistance;
“well-being”, in relation to individuals, means well-being so far as relating to any of the following—
physical and mental health and emotional well-being;
protection from harm and neglect;
education, training and recreation;
the contribution made by them to society;
social and economic well-being;
securing their rights.]
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
F1Sch. 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.
F2Sch. 5 Pt. 1 Field 5 Matter 5.10: words substituted (10.4.2008) by The National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008 (S.I. 2008/1036), art. 2(2)
F3Sch. 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)
F4Sch. 5 Pt. 1 Field 5: Matter 5.17 inserted (10.4.2008) by The National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008 (S.I. 2008/1036), art. 2(3)
F5Sch. 5 Pt. 1 Field 5: words inserted (23.12.2007) by Further Education and Training Act 2007 (c. 25), ss. 27, 32(2)
F6Sch. 5 Pt. 1 Field 5: definition inserted (10.4.2008) by The National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008 (S.I. 2008/1036), art. 2(4)
F7Sch. 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)
F8Sch. 5 Pt. 1 Field 12: Matters 12.1-12.5 inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 235, 245(2), Sch. 17 para. 2
F9Sch. 5 Pt. 1 Field 15: Matter 15.1 inserted (10.7.2008) by The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2008 (S.I. 2008/1785), art. 2
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