Learning and Skills Bill [H.L.]

Learning and Skills Bill [H.L.] - continued	House of Lords
PART II, NATIONAL COUNCIL FOR EDUCATION AND TRAINING FOR WALES - continued

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	Other functions
Research and information.	40. - (1) The Council may carry out research relating to any matter relevant to any of its functions.
	(2) The Council must provide the National Assembly with such information or advice as the National Assembly requests about any matter in relation to which the Council has a function.
	(3) The Council may provide the National Assembly with such information or advice as the Council thinks fit about any matter in relation to which it has a function.
	(4) The Council must establish systems for collecting information which is designed to secure that its decisions with regard to education and training are made on a sound basis.
	(5) The Council may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).
Persons with learning difficulties.	41. - (1) In discharging its functions under sections 31 and 32, the Council must have regard-
	(a) to the needs of persons with learning difficulties, and
	(b) in particular, to any report of an assessment conducted under section 113.
	(2) If the Council is satisfied that it cannot secure the provision of adequate education or training for a person over compulsory school age who has a learning difficulty unless it also secures the provision of boarding accommodation for him, then-
	(a) in the case of a person who has not attained the age of 25, the Council must secure the provision of boarding accommodation for him, and
	(b) in the case of a person who has attained the age of 25, the Council may secure that provision.
	(3) 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.
	(4) 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.
Disabled persons.	42. - (1) As soon as is reasonably practicable after the end of each financial year of the Council it must prepare a report on-
	(a) the progress made during the year in the provision of post-16 education and training for disabled persons;
	(b) the Council's plans for the future provision of post-16 education and training for disabled persons.
	(2) The Council must send a copy of the report to the National Assembly.
	(3) Disabled persons are persons who are disabled for the purposes of the Disability Discrimination Act 1995.
Use of information by Council.	43. In carrying out its functions the Council must have regard to information supplied to it by any body designated by the National Assembly for the purposes of this section.
Supplementary functions.	44. - (1) The Council may do anything which appears to it to be necessary or expedient for the purpose of or in connection with the exercise of its other functions.
	(2) In particular it may-
	(a) acquire and dispose of land and other property;
	(b) enter into contracts;
	(c) invest sums not immediately needed for the purpose of exercising its other functions;
	(d) accept financial resources (whether as gifts or otherwise);
	(e) accept gifts of land and other property.
	(3) But the Council has no power-
	(a) to borrow money;
	(b) to lend money unless the National Assembly consents;
	(c) to become a member of a company limited by guarantee;
	(d) to hold shares in a company unless the National Assembly consents.
	(4) The National Assembly may by order confer or impose on the Council such supplementary powers or duties relating to the provision of post-16 education or training as the National Assembly thinks fit.
	(5) For the purposes of subsection (4) a power or duty is supplementary if-
	(a) it is exercisable in connection with functions of the National Assembly, and
	(b) it is relevant to the provision of facilities for post-16 education or training.
	Miscellaneous
Directions.	45. - (1) The National Assembly may give directions to the Council.
	(2) Directions may include-
	(a) objectives which the Council should achieve in seeking to carry out its functions;
	(b) time limits within which the Council should achieve the objectives;
	(c) provision relating to the management of the Council.
	(3) Directions may not concern the provision of financial resources in respect of activities carried on by a particular person or persons.
	(4) If the National Assembly asks the Council to do so, it must advise the National Assembly on the formulation of objectives and time limits.
	(5) The Council must comply with any directions given to it by the National Assembly.

Prepared 18 February 2000