Learning and Skills Bill [H.L.] - continued        House of Lords

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  PART II
  NATIONAL COUNCIL FOR EDUCATION AND TRAINING FOR WALES
 
The Council
The Council.     30. - (1) There shall be a body corporate called the National Council for Education and Training for Wales or Cyngor Cenedlaethol Cymru dros Addysg a Hyfforddiant.
 
      (2) The Council is to consist of not less than 10 and not more than 12 members appointed by the National Assembly for Wales (the National Assembly) and the National Assembly must appoint one of them as chairman.
 
      (3) In appointing a member the National Assembly must have regard to the desirability of appointing a person who has experience relevant to the Council's functions.
 
      (4) Schedule 4 contains provisions about the Council.
 
      (5) The Council's functions are to be carried out in relation to Wales only.
 
 
Main duties
Education and training for persons aged 16 to 19.     31. - (1) The Council must secure the provision of proper facilities for-
 
 
    (a) education (other than higher education) suitable to the requirements of persons who are above compulsory school age but have not attained the age of 19,
 
    (b) training suitable to the requirements of such persons,
 
    (c) organised leisure-time occupation connected with such education, and
 
    (d) organised leisure-time occupation connected with such training.
      (2) Facilities are proper if they are-
 
 
    (a) of a quantity sufficient to meet the reasonable needs of individuals, and
 
    (b) of a quality adequate to meet those needs.
      (3) In performing the duty imposed on it by subsection (1) the Council must-
 
 
    (a) take account of the places where facilities are provided, the character of facilities and the way they are equipped;
 
    (b) take account of the different abilities and aptitudes of different persons;
 
    (c) take account of facilities whose provision the Council thinks might reasonably be secured by other persons;
 
    (d) make the best use of the Council's resources and in particular avoid provision which might give rise to disproportionate expenditure.
      (4) For the purposes of this section-
 
 
    (a) education includes both full-time and part-time education;
 
    (b) training includes both full-time and part-time training;
 
    (c) training includes vocational, social, physical and recreational training;
 
    (d) higher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.
Education and training for persons over 19.     32. - (1) The Council must secure the provision of reasonable facilities for-
 
 
    (a) education (other than higher education) suitable to the requirements of persons who have attained the age of 19,
 
    (b) training suitable to the requirements of such persons,
 
    (c) organised leisure-time occupation connected with such education, and
 
    (d) organised leisure-time occupation connected with such training.
      (2) Facilities are reasonable if (taking account of the Council's resources) the facilities are of such a quantity and quality that the Council can reasonably be expected to secure their provision.
 
      (3) In performing the duty imposed on it by subsection (1) the Council must-
 
 
    (a) take account of the places where facilities are provided, the character of facilities and the way they are equipped;
 
    (b) take account of the different abilities and aptitudes of different persons;
 
    (c) take account of facilities whose provision the Council thinks might reasonably be secured by other persons;
 
    (d) make the best use of the Council's resources and in particular avoid provision which might give rise to disproportionate expenditure.
      (4) For the purposes of this section-
 
 
    (a) education includes both full-time and part-time education;
 
    (b) training includes both full-time and part-time training;
 
    (c) training includes vocational, social, physical and recreational training;
 
    (d) higher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.
      (5) References in this Part to post-16 education are to-
 
 
    (a) education falling within section 31(1)(a) or subsection (1)(a) above, and
 
    (b) organised leisure-time occupation connected with such education.
      (6) References in this Part to post-16 training are to-
 
 
    (a) training falling within section 31(1)(b) or subsection (1)(b) above, and
 
    (b) organised leisure-time occupation connected with such training.
Encouragement of education and training.     33. The Council must-
 
 
    (a) encourage individuals to undergo post-16 education and training;
 
    (b) encourage employers to participate in the provision of post-16 education and training;
 
    (c) encourage employers to contribute to the costs of post-16 education and training.
 
Main powers
Provision of financial resources.     34. - (1) The Council 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 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 Education Reform Act 1988 (courses in preparation for professional examinations at a higher level or providing education at a higher level);
 
    (e) further and higher education corporations providing or proposing to provide secondary education (other than post-16 education);
 
    (f) persons undertaking 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 or advice about education or training or connected matters.
      (2) The Council 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 Council).
      (3) In exercising its power under subsection (1)(c) the Council may secure the provision of financial resources by reference to any fees or charges payable by the person receiving the education or training or to any other matter (such as transport or childcare).
 
Financial resources: conditions.     35. - (1) If the Council itself provides financial resources it may impose conditions; and the conditions may include any provisions described below.
 
      (2) The conditions may-
 
 
    (a) require the Council 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 providing post-16 education or training to give to the Council information it requests for the purpose of carrying out its functions.
      (3) The conditions may require a person providing post-16 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 110.
      (4) The conditions may-
 
 
    (a) relate to the provision made (or to be made) with respect to disabled persons by a person providing post-16 education or training;
 
    (b) require a person providing post-16 education or training to publish at specified intervals statements containing information of a specified description about the facilities for education or training provided by him with respect to disabled persons.
      (5) The conditions may-
 
 
    (a) enable the Council to require the repayment (in whole or part) of sums paid by the Council if any of the conditions subject to which the sums were paid is not complied with;
 
    (b) require the payment of interest in respect of any period in which a sum due to the Council in accordance with any condition is unpaid.
      (6) Disabled persons are persons who are disabled for the purposes of the Disability Discrimination Act 1995.
 
 
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Prepared 17 December 1999