Learning and Skills Act 2000

Main powersE+W

34 Provision of financial resources.E+W

(1)The [F1Welsh 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 [F1Welsh Ministers] may secure the provision of financial resources under subsection (1)—

(a)by providing resources [F2themselves];

(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 [F1Welsh Ministers]).

(3)In exercising [F3their power] under subsection (1)(c) the [F1Welsh 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).

Textual Amendments

Commencement Information

I1S. 34 not in force at Royal Assent see s. 154; s. 34 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Marginal Citations

35 Financial resources: conditions.E+W

(1)If the [F4Welsh Ministers themselves provide] financial resources [F5under section 34][F6they may impose] conditions; and the conditions may include any provisions described below.

(2)The conditions may—

(a)require the [F7Welsh Ministers] or a person designated [F8by 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 the[F7Welsh Ministers] information [F9they request] for the purpose of carrying out [F10their 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 F11... 140.

(4)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The conditions may—

(a)enable the [F13Welsh Ministers] to require the repayment (in whole or part) of sums paid by the [F14National 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 [F14National Assembly] in accordance with any condition is unpaid.

(6)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Words in s. 35(3)(f) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 72; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F12S. 35(4)(6) repealed (1.9.2002) by 2001 c. 10, ss. 34(8), 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Commencement Information

I2S. 35 not in force at Royal Assent see s. 154; s. 35 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

36 Funding of school sixth-forms.E+W

(1)The [F15Welsh Ministers] may make a grant to a [F16local authority]—

(a)on the condition that the grant be applied as part of the authority’s [F17schools budget] for a [F18funding 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).

[F19(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;

  • [F20“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). ]

Textual Amendments

F16Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)

F17Words in s. 36(1)(a) substituted (4.12.2003 for W., 6.11.2006 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 125(2) (with ss. 210(8), 214(4); S.I. 2003/2959, regs. 1(1), 5); S.I. 2003/2961, art. 5, Sch. Pt. 2; S.I. 2006/2895, art. 2

F18Words in s. 36(1)(a) substituted (1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 13(2) (with s. 119); S.I. 2010/735, art. 2(e)

F19S. 36(3) substituted (1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 13(3) (with s. 119); S.I. 2010/735, art. 2(e)

Commencement Information

I3S. 36 not in force at Royal Assent see s. 154; s. 36 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

37 Assessments and means tests.E+W

(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 [F22their 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 [F23their power] under section 34(1)(c).

Textual Amendments

Commencement Information

I4S. 37 not in force at Royal Assent see s. 154; s. 37 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

38 Qualifying accounts and arrangements.E+W

(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.

F25(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I5S. 38 not in force at Royal Assent see s. 154; s. 38 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

F2639 Further education: governors.E+W

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Textual Amendments