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| Persons with learning difficulties. |
41. - (1) In discharging its functions under sections 31, 32 and 34(1)(g) the Council must have regard-
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(a) to the needs of persons with learning difficulties, and |
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(b) in particular, to any report of an assessment conducted under section 114. |
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(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-
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(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 |
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(b) in the case of a person who has attained the age of 25, the Council may secure that provision. |
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(3) A person has a learning difficulty if-
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(a) he has a significantly greater difficulty in learning than the majority of persons of his age, or |
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(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. |
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(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.
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| Equality of opportunity. |
42. - (1) In exercising its functions the Council must have due regard to the need to promote equality of opportunity-
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(a) between persons of different racial groups, |
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(b) between men and women, and |
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(c) between persons who are disabled and persons who are not. |
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(2) As soon as is reasonably practicable after the end of each financial year of the Council it must publish a report containing-
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(a) a statement of the arrangements made under subsection (1) and having effect in the year; |
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(b) an assessment of how effective the arrangements were in promoting equality of opportunity. |
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(3) The report must also contain a statement of the arrangements which the Council has made, or proposes to make, under subsection (1) in respect of the financial year immediately following that referred to in subsection (2).
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(4) The Council must send a copy of the report to the National Assembly.
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(5) "Racial group" has the same meaning as in the Race Relations Act 1976.
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(6) Disabled persons are persons who are disabled for the purposes of the Disability Discrimination Act 1995.
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| 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.
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| 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.
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(2) In particular it may-
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(a) acquire and dispose of land and other property; |
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(b) enter into contracts; |
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(c) invest sums not immediately needed for the purpose of exercising its other functions; |
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(d) accept financial resources (whether as gifts or otherwise); |
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(e) accept gifts of land and other property. |
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(3) But the Council has no power-
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(b) to lend money unless the National Assembly consents; |
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(c) to become a member of a company limited by guarantee; |
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(d) to hold shares in a company unless the National Assembly consents. |
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(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.
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(5) For the purposes of subsection (4) a power or duty is supplementary if-
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(a) it is exercisable in connection with functions of the National Assembly, and |
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(b) it is relevant to the provision of facilities for post-16 education or training. |
