Part 4 – Miscellaneous and General
Section 26: Power of a higher education corporation to form or be involved in certain bodies corporate
113.The Charities Act 2006 created a new form of body corporate called charitable incorporated organisations (CIOs) which will be regulated by the Charities Commission. Section 26 clarifies the power of higher education corporations to form or invest in companies and gives them a new power to form or become members of charitable incorporated organisations.
114.Subsection (4) contains retrospective provision that ensures that any companies limited by guarantee that have already been formed between 1 April 2001 and the date on which this section comes into force were formed lawfully.
Section 27: Powers of National Assembly for Wales
115.This section makes amendments to Part 1 of Schedule 5 to the Government of Wales Act 2006 (“GOWA 2006”), so as to confer enhanced legislative competence on the National Assembly for Wales in specific subject areas. Section 94 of GOWA 2006 provides that a provision of an Assembly Measure is within the Assembly’s competence if it relates to (or is incidental or consequential on provision that relates to) one or more of the matters specified in Schedule 5. Part 1 of Schedule 5 to GOWA 2006 sets out twenty fields and matters in respect of some of those fields. Assembly Measures may include any provision that could be made by Act of Parliament, subject to specific restrictions set out in Part 2 of Schedule 5 to GOWA 2006.
116.The matters added by section 27 of this Act to field 5 in Part 1 of Schedule 5 to GOWA 2006 cover a broad range but centre on post-16 education and training.
Sections 28, 29, 30, 31, 32, 33 and 34: General provisions
117.Sections 28, 29, 30, 31, 32, 33 and 34 contain general provisions, including: those relating to the exercise of powers to make orders and regulations; general interpretation provisions; commencement; extent of the Act; and the short title of the Act.
118.Section 29 introduces Schedule 1 which contains miscellaneous and consequential amendments.
119.Section 30 introduces Schedule 2 which specifies the extent to which the enactments listed are repealed.
