Learning and Skills Bill [H.L.] - continued        House of Commons
Other functions - continued

back to previous text
Persons with learning difficulties.     41. - (1) In discharging its functions under sections 31, 32 and 34(1)(g) 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 114.
      (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.
Equality of opportunity.     42. - (1) In exercising its functions the Council must have due regard to the need to promote equality of opportunity-
    (a) between persons of different racial groups,
    (b) between men and women, and
    (c) between persons who are disabled and persons who are not.
      (2) As soon as is reasonably practicable after the end of each financial year of the Council it must publish a report containing-
    (a) a statement of the arrangements made under subsection (1) and having effect in the year;
    (b) an assessment of how effective the arrangements were in promoting equality of opportunity.
      (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).
      (4) The Council must send a copy of the report to the National Assembly.
      (5) "Racial group" has the same meaning as in the Race Relations Act 1976.
      (6) 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.
previous section contents continue
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2000
Prepared 27 March 2000