C1Part IIF1Further Education and Sixth Form Education: Wales
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)
Other functions
I141 Persons with F16learning difficultiesF16additional learning needs.
1
In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the F2Welsh Ministers must have regard—
F10b
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.
F132
If the F3Welsh Ministers are satisfied that F4they 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 F5they also secure the provision of boarding accommodation for him, the F6Welsh Ministers must secure the provision of boarding accommodation for him.
F113
If the F3Welsh Ministers are satisfied that F4they 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 F5they also secure the provision of boarding accommodation for him, the F6Welsh Ministers must secure the provision of boarding accommodation for him.
F144
If the F3Welsh Ministers are satisfied that F4they 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 F5they also secure the provision of boarding accommodation for him, the F7Welsh Ministers may secure the provision of boarding accommodation for him.
F95
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.
F95A
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.
F126
But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.
Pt. 2 heading substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 49 (with art. 7)