(1)A local authority must secure reasonable provision for a service providing counselling in respect of health, emotional and social needs (an “independent counselling service”) for—
(a)registered pupils receiving secondary education at—
(i)schools maintained by the authority, and
(ii)other schools in its area;
(b)other persons belonging to the authority's area who have attained the age of 11 but not the age of 19;
(c)registered pupils undertaking their final academic year of primary education at—
(i)schools maintained by the authority, and
(ii)other schools in its area;
(d)such other persons receiving primary education as the Welsh Ministers may specify in regulations.
(2)In securing provision of an independent counselling service under this section, a local authority must have regard—
(a)to the principle that the service is to be independent of—
(i)the governing body or other proprietor of a school at which a person to whom the service is provided is receiving education, and
(ii)the management of a school at which a person to whom the service is provided is receiving education;
(b)to guidance given by the Welsh Ministers.
(3)A local authority must secure that an independent counselling service is provided on the site of each school maintained by the authority that provides secondary education (whether or not it also provides other kinds of education).
(4)A local authority may secure the provision of an independent counselling service at other locations.
(5)The Welsh Ministers may by regulations require the provision of an independent counselling service at other locations.