Learning and Skills Act 2000

Part I — Learning and Skills Council for England

The Council

Studies across Wales or of provision made outside Wales.

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Main duties

Area inspections.

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Supplementary.

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Encouragement of education and training

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Main powers

Provision of financial resources

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Financial resources: conditions

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Funding of school sixth-forms

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Links between education and training and employment

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Assessments and means tests

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Qualifying accounts and arrangements

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Further education: governors

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Other functions

Research and information

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Persons with learning difficulties

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Equality of opportunity

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Plans

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Strategy

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Use of information by Council

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Supplementary functions

18

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Local councils

Local councils

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Functions of local councils

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Guidance to local councils

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Plans of local councils

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Duty of local education authorities

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Guidance and plans: timing

24

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Miscellaneous

Directions

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Committees

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Grants to Council

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Annual report

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Council’s financial year

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Part II — Further Education and Sixth Form Education: Wales

...

The Council

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Main duties

Education and training for persons aged 16 to 19

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• (1) Welsh Ministers 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, ...

• (b) of a quality adequate to meet those needs and

• (c) sufficient to satisfy the entitlements conferred under section 33F

• (3) In performing the duty imposed on them by subsection (1) the Welsh Ministers 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 the education and training required in different sectors of employment for employees and potential employees;

• (cc) take account of the education and training that is required in order to ensure that employees and potential employees are available who are able to deliver additional learning provision in Welsh;

• (cd) take account of the education and training that is required in order to ensure that facilities are available for assessing through the medium of Welsh whether persons have additional learning needs;

• (d) take account of facilities whose provision the Welsh Ministers think might reasonably be secured by other persons;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) 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

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• (1) The Welsh Ministers 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In performing the duty imposed on them by subsection (1) the Welsh Ministers 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 the education and training required in different sectors of employment for employees and potential employees;

• (cc) take account of the education and training that is required in order to ensure that employees and potential employees are available who are able to deliver additional learning provision in Welsh;

• (cd) take account of the education and training that is required in order to ensure that facilities are available for assessing through the medium of Welsh whether persons have additional learning needs;

• (d) take account of facilities whose provision the Welsh Ministers think might reasonably be secured by other persons;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) 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.

• (6) 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.

• (7) 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

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The Welsh Ministers 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

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• (1) The Welsh Ministers 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 or proposing to receive 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) institutions within the further or higher education sector (within the meaning of section 91 of the Further and Higher Education Act 1992) which provide or propose to provide secondary education (other than post-16 education);

• (f) persons undertaking or proposing to undertake 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, advice or guidance about education or training or connected matters (including employment).

• (2) The Welsh Ministers may secure the provision of financial resources under subsection (1)—

• (a) by providing resources themselves;

• (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 Welsh Ministers).

• (3) In exercising their power under subsection (1)(c) the Welsh Ministers may secure the provision of financial resources by reference to any fees or charges payable by the person receiving or proposing to receive the education or training or to any other matter (such as transport or childcare).

Financial resources: conditions

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• (1) If the Welsh Ministers themselves provide financial resources under section 34they may impose conditions; and the conditions may include any provisions described below.

• (2) The conditions may—

• (a) require the Welsh Ministers or a person designated by them 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 to whom financial resources are provided to give to theWelsh Ministers information they request for the purpose of carrying out their functions.

• (3) The conditions may require a person providing or proposing to provide 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 ... 140.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The conditions may—

• (a) enable the Welsh Ministers to require the repayment (in whole or part) of sums paid by the National Assembly 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 National Assembly in accordance with any condition is unpaid.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Funding of school sixth-forms

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• (1) The Welsh Ministers may make a grant to a local authority—

• (a) on the condition that the grant be applied as part of the authority’s schools budget for a funding period , and

• (b) with a view to the grant being used for the purposes of, or for purposes connected with, the provision by schools of education suitable to the requirements of persons above compulsory school age.

• (2) A grant made under this section may be made on conditions in addition to the condition mentioned in subsection (1)(a) (including conditions of a kind which could be imposed under section 35).

• (3) In this section—

• “ funding period ” means a financial year or, if some other period is prescribed in relation to Wales under subsection (1B) of section 45 of the School Standards and Framework Act 1998 (maintained schools to have budget shares), that other period;

• “local authority” means a local authority in Wales (within the meaning of section 579(1) of the Education Act 1996);

• “ schools budget ” has the same meaning as in Part 2 of that Act (framework for maintained schools).

Assessments and means tests

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• (1) The Welsh Ministers may develop schemes for the assessment of the performance of persons in providing post-16 education and training.

• (2) The Welsh Ministers may take the assessments into account in deciding how to exercise their powers under section 34.

• (3) The Welsh Ministers may—

• (a) carry out means tests;

• (b) arrange for other persons to carry out means tests.

• (4) The Welsh Ministers may take the results of the tests into account in exercising their power under section 34(1)(c).

Qualifying accounts and arrangements

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• (1) The Welsh Ministers may promote—

• (a) the holding of accounts which qualify under section 104;

• (b) the making of arrangements which qualify under section 105.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further education: governors

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Other functions

Research and information

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The Welsh Ministers must establish systems for collecting information which is designed to secure that their decisions with regard to education and training are made on a sound basis.

• (6) The Welsh Ministers may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).

Persons with learning difficulties

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• (1) In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the Welsh Ministers must have regard—

• (a) to the needs of persons with learning difficulties, and additional learning needs;

• (b) in particular, to any report of an assessment conducted under section ... 140.

• (b) to the desirability of facilities being available which would assist the discharge of duties under the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

• (2) If the Welsh Ministers are satisfied that they 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 they also secure the provision of boarding accommodation for him, the Welsh Ministers must secure the provision of boarding accommodation for him.

• (3) If the Welsh Ministers are satisfied that they 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 they also secure the provision of boarding accommodation for him, the Welsh Ministers must secure the provision of boarding accommodation for him.

• (4) If the Welsh Ministers are satisfied that they 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 they also secure the provision of boarding accommodation for him, the Welsh 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.

• (5A) In this Part, “additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, and “additional learning provision” has the meaning given by section 3 of that Act.