C1Part IIF2Further Education and Sixth Form Education: Wales

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C1

Pt. 2 certain functions made exercisable jointly with the Welsh Ministers (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 113(3)(f), 124(5); S.I. 2018/241, reg. 2(m)

Main powers

I134 Provision of financial resources.

1

The F10Welsh 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 M1Education 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 M2Further 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 F10Welsh Ministers may secure the provision of financial resources under subsection (1)—

a

by providing resources F11themselves;

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 F10Welsh Ministers).

3

In exercising F12their power under subsection (1)(c) the F10Welsh 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).

I235 Financial resources: conditions.

1

If the F15Welsh Ministers themselves provide financial resources F3under section 34F16they may impose conditions; and the conditions may include any provisions described below.

2

The conditions may—

a

require the F13Welsh Ministers or a person designated F17by 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 theF13Welsh Ministers information F18they request for the purpose of carrying out F19their 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 F26... 140.

4

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5

The conditions may—

a

enable the F14Welsh Ministers to require the repayment (in whole or part) of sums paid by the F4National 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 F4National Assembly in accordance with any condition is unpaid.

6

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I336 Funding of school sixth-forms.

1

The F20Welsh Ministers may make a grant to a F25local authority—

a

on the condition that the grant be applied as part of the authority’s F6schools budget for a F7funding 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).

F83

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;

  • F9“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).

I437 Assessments and means tests.

1

The F21Welsh Ministers may develop schemes for the assessment of the performance of persons in providing post-16 education and training.

2

The F21Welsh Ministers may take the assessments into account in deciding how to exercise F23their powers under section 34.

3

The F21Welsh Ministers may—

a

carry out means tests;

b

arrange for other persons to carry out means tests.

4

The F21Welsh Ministers may take the results of the tests into account in exercising F22their power under section 34(1)(c).

I538 Qualifying accounts and arrangements.

1

The F24Welsh Ministers may promote—

a

the holding of accounts which qualify under section 104;

b

the making of arrangements which qualify under section 105.

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F2739 Further education: governors.

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