The Learning and Skills Act 2000 (Commencement No. 4) (Wales) Order 2001

Made: 17th July 2001

The National Assembly for Wales makes the following Order in exercise of powers conferred on it by section 154(2) and (4) of the Learning and Skills Act 2000[^f00001]:

Citation and application

1

• (1) This Order may be cited as the Learning and Skills Act 2000 (Commencement No. 4) (Wales) Order 2001.

• (2) This Order applies to Wales, and the provisions specified in the Schedule shall come into force in relation to Wales for all purposes.

Provisions coming into force

2

• (1) The provisions of the Learning and Skills Act 2000 specified in Part I of the Schedule to this Order shall come into force on 1st April 2002.

• (2) The provisions of the Learning and Skills Act 2000 specified in Part II of the Schedule to this Order shall come into force on 1st September 2002.

SCHEDULE

PART I — Provisions coming into force in relation to Wales on 1st April 2002

• Section 36.

• Section 113.

• Section 140 (1) and (2) and (4), (5) and (6) insofar as these are not already in force.

• Section 149 in so far as it relates to the provisions of Schedule 9 specified below.

• Section 153 in so far as it relates to the provisions of Schedule 11 specified below.

• Schedule 7.

• In Schedule 9 — paragraph 1 insofar as it is not already in force, paragraph 67(3), paragraph 82, paragraph 84, paragraph 90(5) and (6), paragraph 91.

• In Schedule 11 the repeals insofar as they relate to Wales of — in the Schools Standards and Framework Act 1998, in Schedule 7, in paragraph 13(4) the word “and” immediately after paragraph (b) and in paragraph 13(7) the word “or” immediately after paragraph (a) and in Schedule 22, in paragraph 5(1) the word “or” immediately after paragraph (a)(i).

PART II — Provisions coming into force in relation to Wales on 1st September 2002

• Section 97.

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00002].

D. Elis-Thomas — The Presiding Officer of the National Assembly — 17th July 2001

Explanatory note

(This note does not form part of the Order)

This Order brings into force on 1st April 2002 those provisions of the Learning and Skills Act 2000 specified in Part I of the Schedule to this Order. It also brings into force on 1st September 2002 those provisions of that Act specified in Part II of the Schedule to this Order.

The effect of the provisions specified in Part I of the Schedule is explained below.

Section 36 gives the National Council for Education and Training for Wales (“the National Council”) the power to make grants to a local education authority for education provided by schools for those above compulsory school age.

Section 113 brings into effect Schedule 7, which contains powers and duties relating to inadequate 6th forms. In particular, it empowers the National Council to publish proposals for discontinuance of maintained 6th form provision following two adverse inspection reports. It also provides for a procedure for dealing with objections which must be followed before any such proposals can be implemented.

Section 140 ((1)—(2) and (4) to (6)) imposes a duty on the National Assembly in certain circumstances to arrange for an assessment of a person for whom a statement of special needs is maintained. The assessment must be made during that person’s last year of compulsory schooling.

Schedules 9 and 11 respectively contain consequential amendments and repeals.

The effect of the provision specified in Part II of the Schedule is explained below.

Section 97 applies to an institution or employer, which provides courses for those aged 19 and over, and is financed by a local education authority or the National Council. It places such an institution or employer under a duty not to make any payment in respect of an external qualification unless that qualification has been approved by the National Assembly.

Footnotes

[^f00001]: 2000 c. 21.

[^f00002]: 1998 c. 38.