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Assembly powers tracking notes (March 2007 - May 2011)

Field 5: Education and training

Schedule 5 to the Government of Wales Act 2006 could be amended to add specific 'matters' to broad subject 'fields', thereby extending the legislative competence of the Assembly and providing more policy areas in which it was possible to make Measures.

This tracking note provides an updated log of amendments, both proposed and enacted, to Field 5 of Schedule 5. This field relates to education and training.

Field 5 | NAFW

Matter

Source

5.1  Provision about the categories of school that may be maintained by local education authorities.

National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007

Came into force 25/05/07

5.2  Provision about the establishment and discontinuance of schools maintained by local education authorities, their change from one category to another and their alteration in other respects.

as above

5.2A  Conduct and governance of schools maintained by local authorities, including the allocation of functions, property, rights and liabilities relating to such schools.

National Assembly for Wales (Legislative Competence) (Education) Order 2010

Came into force: 13/04/10

5.2B  Securing collaboration between persons or bodies with functions relating to schools maintained by local authorities.

as above

5.2C  The following activities by persons or bodies with functions relating to schools maintained by local authorities—(a) establishment of bodies to do all or any of the following—(i) carry out activities relating to education or training,  (ii) exercise education functions on behalf of local authorities;  (b) involvement with bodies mentioned in paragraph (a).

as above

5.3  Provision about the admission of pupils to schools maintained by local education authorities.

as Matters 5.1 and 5.2 above

5.4  Provision about the curriculum in schools maintained by local education authorities.

as above

5.4A  The regulation of - (a) schools that are not maintained by local education authorities; (b) relevant independent educational institutions.

Education and Skills Act 2008

Came into force 26/01/09

5.5  Provision about school attendance, the behaviour of pupils at school, school discipline and the exclusion of pupils from school (including the duties of parents in connection with those matters).

National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007

Came into force 25/05/07

5.6  Provision about the making of arrangements for the provision of education for persons of compulsory school age who have been excluded from schools or who for any other reason would not otherwise receive suitable education.

as above

5.6A Funding of pre-16 education or training.

Amendment proposed by the Education Bill 2011

5.7  Provision about entitlement to primary, secondary and further education and to training.

as Matter 5.5.above

5.8  Provision about the provision of services that are intended to encourage, enable or assist people - (a) to participate effectively in education or training, (b) to take advantage of opportunities for employment, or (c) to participate effectively in the life of their communities.

as Matter 5.5 above

5.9  Provision about food and drink provided on school premises or provided for children at a place where they receive education or childcare.

as Matter 5.5 above

5.10  Arrangements for persons to travel to and from the places where they receive education or training. This matter applies to - (a) persons receiving nursery, primary, secondary or further education or training; (b) persons described in matter 5.17 receiving higher education.

National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 (came into force 25/05/07)

and amended by the National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008 (came into force 10/04/08)

also amended by the National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 (came into force 11/12/08)

5.11  Provision for and in connection with securing the provision of facilities for post-16 education or training.

Further Education and Training Act 2007

Came into force 23/12/07

5.12  Provision for and in connection with the establishment and dissolution of - (a) institutions concerned with the provision of further education, and (b) bodies that conduct such institutions, including the circumstances in which an educational institution becomes or ceases to be an institution concerned with the provision of further education.

Provision about - (a) the conduct and functions of such institutions and bodies that conduct such institutions; (b) the property, rights and liabilities of such institutions and bodies that conduct such institutions; (c) property held by any person for the purposes of such an institution; (d) the governance and staff of such institutions.

as above

5.13  Provision for and in connection with securing collaboration - (a) between bodies that conduct institutions concerned with the provision of further education, or (b) between one or more such bodies and other persons or bodies that have functions relating to education or training in Wales, including, in particular, provision for and in connection with the establishment of bodies for the purpose of discharging functions on behalf of one or more persons or bodies that are party to arrangements for collaboration.

as above

5.14  The provision of financial resources for and in connection with - (a) education or training provided by institutions concerned with the provision of further education; (b) post-16 education or training provided otherwise than by such institutions; (c) the carrying out of research relating to education or training falling within paragraph (a) or (b).

as above

5.15  The inspection of - (za) schools; (zb) relevant independent educational institutions; (a) education or training provided by institutions concerned with the provision of further education; (b) pre-16 education or training, or post-16 education or training, provided otherwise than by institutions within paragraphs (za) to (a); (c) the training of teachers and specialist teaching assistants for schools; [Proposed: (c) the training of persons listed in matter 5.15A]; (d) services of the kinds mentioned in matter 5.8.

Further Education and Training Act 2007 (came into force 23/12/07)

and amended by the Education and Skills Act 2008 (came into force 26/01/09)

Amendment proposed by the Education Bill 2011

5.15A [Proposed Matter] The professional standards (including training, professional development, performance management and qualifications) required of—(a) teachers and other persons who work in schools;  (b) teachers and other persons who work in relevant independent educational institutions;(c) teachers and other persons who work in institutions concerned with the provision of further education;  (d) persons involved in the provision of pre-16 education or training or  post-16 education or training, other than in schools, relevant independent educational institutions or institutions concerned with the provision of further education;  (e) persons involved in the provision of services of the kinds mentioned in matter 5.8.

Amendment proposed by the Education Bill 2011

5.15B [Proposed Matter] The following, in relation to the persons listed in matter 5.15A—35 (a) professional conduct;  (b) recruitment;  (c) disciplinary proceedings;  (d) registration;  (e) required levels of health and fitness.

as above

5.15C [Proposed Matter] The accreditation and funding of providers of training for persons listed in matter 5.15A.

as above

5.16  The provision of advice and information in connection with, and the carrying out of studies in relation to - (a) pre-16 education or training; (b) post-16 education or training; (c) the training of teachers and specialist teaching assistants for schools;  [Proposed: (c) the training of persons listed in matter 5.15A]; (d) services of the kinds mentioned in matter 5.8.

Amendment proposed by the Education Bill 2011

5.17  Education and training for - (a) persons who have a greater difficulty in learning than the majority of persons of the same age as those persons; (b) persons who have, or have had - (i) a physical or mental impairment, or (ii) a progressive health condition (such as cancer, multiple sclerosis or HIV infection) where it is at a stage involving no physical or mental impairment.

National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008 (came into force 10/04/08)

and amended by the National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 (came into force 11/12/08)

5.18  The provision of any of the following for children or young persons - (a) facilities for social or physical training; (b) educational activities.

National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008

Came into force 11/10/08                                                  

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