Learning and Skills Bill [H.L.]

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

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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-
	(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.
	Miscellaneous
Directions.	45. - (1) The National Assembly may give directions to the Council; and the directions may include any provisions described in subsections (2) to (4).
	(2) Directions may contain-
	(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) Subsection (4) applies if the National Assembly is satisfied that the Council-
	(a) has failed to discharge a duty imposed by or under any Act, or
	(b) has acted or is proposing to act unreasonably with respect to the exercise of a power conferred or the performance of a duty imposed by or under any Act.
	(4) In such a case directions may contain such provision as the National Assembly thinks fit as to the exercise of the Council's powers and performance of its duties.
	(5) Directions may contain provision described in subsection (4) despite any enactment making the exercise of a power or performance of a duty contingent on the Council's opinion.
	(6) Directions may not concern the provision of financial resources in respect of activities carried on by a particular person or persons.
	(7) If the National Assembly asks the Council to do so, it must advise the National Assembly on the formulation of objectives and time limits.
	(8) The Council must comply with any directions given to it by the National Assembly.
Committees.	46. Schedule 5 contains provisions about committees.
Grants to Council.	47. - (1) The National Assembly may make grants to the Council of such amounts and subject to such conditions as the National Assembly thinks fit; and the conditions may include any provisions described below.
	(2) The conditions may set the Council's budget for any of its financial years.
	(3) The conditions may-
	(a) require the Council to use the grants for specified purposes;
	(b) require the Council to comply with specified requirements in respect of every person (or every person of a specified class or description) in securing the provision of specified financial resources to such persons;
	(c) enable the National Assembly to require the repayment, in whole or in part, of sums paid by it if any condition imposed is not complied with;
	(d) require the payment of interest in respect of any period during which a sum due to the National Assembly in accordance with any condition remains unpaid.
	(4) Requirements which may be imposed under subsection (3)(b) include in particular requirements that, if the Council itself provides specified financial resources, it is to impose specified conditions.
	(5) The National Assembly may not impose conditions which relate to the Council's securing of the provision of financial resources to a particular person or persons.
Annual report.	48. - (1) As soon as is reasonably practicable after the end of each financial year of the Council it must prepare a report on its activities in that year and send a copy of the report to the National Assembly.
	(2) A report-
	(a) must be in such form and contain such information as the National Assembly may specify in directions to the Council;
	(b) must set out any other directions given to the Council under this Part in the financial year to which the report relates.
	(3) Following receipt of a copy of a report under this section the National Assembly must arrange for copies of it to be published in such manner as it thinks appropriate.

Prepared 7 June 2000