|
| |
|
(3) | The Assembly may give general directions to the Agency about the exercise of |
| |
their functions, so far as those functions are exercisable in relation to Wales in |
| |
accordance with section 76. |
| |
(4) | Directions under this section are to be contained in an order made by the |
| |
Secretary of State or the Assembly. |
| 5 |
Funding of teacher training by Higher Education Funding Council for Wales |
| |
85 | Qualifying activities and eligible institutions in relation to HEFCW funding |
| |
(1) | The Higher Education Funding Council for Wales (in this Part referred to as |
| |
“HEFCW”) are responsible for administering funds made available to them by |
| |
the Assembly and others for the purpose of providing financial support for the |
| 10 |
carrying on by eligible institutions of qualifying activities. |
| |
(2) | The activities qualifying for funding by HEFCW under this Part (“qualifying |
| |
| |
(a) | the provision of teacher training, |
| |
(b) | the provision of facilities, and the carrying on of other activities, by |
| 15 |
eligible institutions which the governing bodies of those institutions |
| |
consider it necessary or desirable to provide or carry on for the |
| |
purposes of or in connection with activities within paragraph (a), and |
| |
(c) | the provision by any person of services for the purposes of, or in |
| |
connection with, such activities. |
| 20 |
(3) | The institutions eligible for funding by HEFCW under this Part (“eligible |
| |
| |
(a) | any institution in Wales within the higher or further education sector, |
| |
| |
(c) | any school in Wales, and |
| 25 |
(d) | and other institution or body in Wales designated by order of the |
| |
| |
and any partnership or association of eligible institutions, or body established |
| |
by one or more such institutions, for the purpose of carrying on qualifying |
| |
| 30 |
(4) | For the purposes of subsection (3), an institution or body is in Wales if its |
| |
activities are carried on, or principally carried on, in Wales. |
| |
(5) | In sections 86 to 91— |
| |
(a) | “qualifying activities” is to be read in accordance with subsection (2); |
| |
(b) | “eligible institution” is to be read in accordance with subsection (3). |
| 35 |
86 | Grants, loans and other payments by HEFCW |
| |
| |
(a) | make grants, loans or other payments in respect of expenditure |
| |
incurred or to be incurred by the governing body of an eligible |
| |
institution for the purposes of activities qualifying for funding by |
| 40 |
HEFCW under this Part by virtue of section 85(2)(a) or (b), and |
| |
|
| |
|
| |
|
(b) | make grants, loans or other payments in respect of expenditure |
| |
incurred or to be incurred for the purposes of the provision of services |
| |
as mentioned in section 85(2)(c), |
| |
| subject in each case to such terms and conditions as HEFCW think fit. |
| |
(2) | The terms and conditions on which HEFCW may make any grants, loans or |
| 5 |
other payments under this section may in particular— |
| |
(a) | enable HEFCW to require the repayment, in whole or in part, of sums |
| |
paid by HEFCW if any of the terms and conditions subject to which the |
| |
sums were paid is not complied with, and |
| |
(b) | require the payment of interest in respect of any period during which a |
| 10 |
sum due to HEFCW in accordance with any of the terms and conditions |
| |
| |
(3) | The power of HEFCW to impose conditions on the making of any grants, loans |
| |
or other payments under this section to an eligible institution includes in |
| |
particular power to impose conditions prohibiting, restricting or requiring the |
| 15 |
charging of fees in connection with the carrying out by that institution of |
| |
| |
| |
(a) | a condition is imposed under subsection (3) in connection with any |
| |
grant, loan or other payment to an eligible institution, and |
| 20 |
(b) | the grant, loan or other payment is to any extent made in respect of |
| |
persons undertaking training which is provided in whole or in part by |
| |
another training provider, |
| |
| then, for the purposes of the condition, fees payable by such persons to the |
| |
other training provider are to be regarded as fees charged by the eligible |
| 25 |
| |
(5) | The terms and conditions must not relate to the application of any sums |
| |
derived otherwise than from HEFCW, but this subsection does not affect the |
| |
power to impose conditions by virtue of subsection (3). |
| |
(6) | In exercising their functions under this section HEFCW must have regard— |
| 30 |
(a) | generally, to any forecast of demand for newly-qualified teachers that |
| |
is notified to them by the Assembly, and |
| |
(b) | in relation to any particular institution, to any assessment of the quality |
| |
of the teacher training provided by that institution— |
| |
(i) | made by the Chief Inspector for Wales, or |
| 35 |
(ii) | to which HEFCW think it appropriate to have regard or to |
| |
which the Assembly directs them to have regard. |
| |
87 | Provisions supplementary to section 86 |
| |
(1) | In exercising their functions in relation to the provision of financial support for |
| |
qualifying activities, HEFCW must have regard to the desirability of not |
| 40 |
discouraging any institution for whose activities financial support is provided |
| |
under this Part from maintaining or developing its funding from other sources. |
| |
(2) | Before exercising their discretion under section 86(1)(a) or (b) with respect to |
| |
the terms and conditions to be imposed in relation to any grants, loans or other |
| |
payments, HEFCW must consult such of the following bodies as appear to |
| 45 |
them to be appropriate to consult in the circumstances— |
| |
|
| |
|
| |
|
(a) | such bodies representing the interests of eligible institutions as appear |
| |
to HEFCW to be concerned, and |
| |
(b) | the governing body of any particular eligible institution which appears |
| |
to HEFCW to be concerned. |
| |
(3) | In exercising their functions in relation to the provision of financial support for |
| 5 |
qualifying activities HEFCW must have regard (so far at they think it relevant |
| |
to do so in the light of any other relevant considerations) to the desirability of |
| |
| |
(a) | what appears to them to be an appropriate balance in the support given |
| |
to them as between institutions which are of a denominational |
| 10 |
character and other institutions, and |
| |
(b) | any distinctive characteristics of any eligible institution for whose |
| |
activities financial support is provided under this Part. |
| |
(4) | In exercising their functions HEFCW must take such steps as appear to them |
| |
appropriate to secure that the governing body of any institution which |
| 15 |
provides a course of initial teacher training funded by HEFCW makes available |
| |
such information relating to the course, in such manner and to such persons, as |
| |
| |
(5) | Subsection (1) does not affect the power by virtue of section 86(3) to impose |
| |
conditions prohibiting or restricting the charging of fees. |
| 20 |
| |
(1) | The Assembly may make grants to HEFCW of such amounts and subject to |
| |
such conditions as the Assembly may determine. |
| |
(2) | The terms and conditions subject to which grants are made by the Assembly to |
| |
HEFCW under this section— |
| 25 |
(a) | may in particular impose requirements to be complied with in respect |
| |
of every institution, or every institution falling within a class or |
| |
description specified in the terms and conditions, being requirements |
| |
to be complied with in the case of any institution to which the |
| |
requirements apply before financial support of any amount or |
| 30 |
description so specified is provided by HEFCW in respect of activities |
| |
carried on by the institution, but |
| |
(b) | may not otherwise relate to the provision of financial support by |
| |
HEFCW in respect of activities carried on by any particular institution |
| |
| 35 |
(3) | Such terms and conditions may not be framed by reference to criteria for the |
| |
selection and appointment of staff and for the admission of students. |
| |
(4) | Such terms and conditions may in particular— |
| |
(a) | enable the Assembly to require the repayment, in whole or in part, of |
| |
sums paid by it if any of the terms and conditions subject to which the |
| 40 |
sums were paid is not complied with, and |
| |
(b) | require the payment of interest in respect of any period during which a |
| |
sum due to the Assembly in accordance with any of the terms and |
| |
conditions remains unpaid. |
| |
(5) | Section 68 of the Further and Higher Education Act 1992 (c. 13) does not apply |
| 45 |
in relation to grants made to HEFCW under this section. |
| |
|
| |
|
| |
|
89 | Power of HEFCW to carry out or commission research |
| |
HEFCW may carry out or commission such research as they consider |
| |
appropriate with a view to improving— |
| |
(a) | the training of teachers, or |
| |
(b) | the standards of teaching. |
| 5 |
90 | Supplementary and ancillary functions of HEFCW |
| |
(1) | The Assembly may by order confer or impose on HEFCW such functions |
| |
supplementary to their functions under this Part as the Assembly thinks fit. |
| |
(2) | For the purposes of subsection (1) a function is a supplementary function in |
| |
| 10 |
(a) | it is exercisable for the purposes of the exercise by the Assembly of |
| |
functions of the Assembly under any enactment, and |
| |
(b) | it relates to, or to the activities of, an eligible institution. |
| |
(3) | Before making an order under subsection (1) the Assembly must carry out such |
| |
consultation as appears to it to be appropriate. |
| 15 |
(4) | HEFCW may carry out such activities ancillary to their functions under this |
| |
Part as the Assembly may direct. |
| |
91 | Directions by Assembly |
| |
(1) | In exercising their functions under this Part HEFCW must comply with any |
| |
directions under this section. |
| 20 |
(2) | The Assembly may give general directions to HEFCW about the exercise of |
| |
| |
(3) | If it appears to the Assembly that the financial affairs of an eligible institution |
| |
have been or are being mismanaged the Assembly may, after consulting |
| |
HEFCW and the institution, give such directions to HEFCW about the |
| 25 |
provision of financial support in respect of the activities carried on by the |
| |
institution as the Assembly considers necessary or expedient by reason of the |
| |
| |
(4) | Directions under this section are to be contained in an order made by the |
| |
| 30 |
| |
92 | Joint exercise of functions |
| |
(1) | A funding agency and any other relevant funding body may exercise any of |
| |
| |
(2) | In subsection (1) “other relevant funding body” means the other funding |
| 35 |
agency, the Higher Education Funding Council for England, the Learning and |
| |
Skills Council for England or the National Council for Education and Training |
| |
| |
(3) | The Agency and any body specified in an order made by the Secretary of State |
| |
for the purposes of this subsection may exercise their functions jointly. |
| 40 |
|
| |
|
| |
|
(4) | The Assembly may by order authorise HEFCW to exercise their functions |
| |
under this Part jointly with a body specified in the order, and the specified |
| |
body to exercise its functions jointly with HEFCW. |
| |
| |
(1) | A funding agency may arrange for the promotion or the carrying out by any |
| 5 |
person of studies designed to improve economy, efficiency and effectiveness in |
| |
the management or operations of a qualifying person. |
| |
(2) | A person promoting or carrying out such studies at the request of a funding |
| |
agency may require the qualifying person concerned— |
| |
(a) | to provide him, or a person authorised by him, with such information, |
| 10 |
| |
(b) | to make available to him, or a person authorised by him, for inspection |
| |
their accounts and such other documents, |
| |
| as he may reasonably require for that purpose. |
| |
(3) | In this section “qualifying person” means— |
| 15 |
(a) | a training provider receiving financial support under this Part from the |
| |
| |
(b) | the governing body of an eligible institution, as defined by section |
| |
85(3), receiving financial support under this Part from HEFCW. |
| |
94 | Duty to provide information |
| 20 |
| |
(a) | must provide the Secretary of State (in such manner as he may from |
| |
time to time determine) with such information or advice relating to |
| |
matters for which they are responsible as he may from time to time |
| |
| 25 |
(b) | may provide the Secretary of State with such information or advice |
| |
relating to such matters as they think fit. |
| |
(2) | The Agency must provide the Assembly (in such manner as the Assembly may |
| |
from time to time determine) with such information or advice relating to |
| |
matters for which the Agency are responsible by virtue of section 76(2) or by |
| 30 |
virtue of regulations made by the Assembly under any of sections 132 to 140 of |
| |
the Education Act 2002 as the Assembly may from time to time require. |
| |
(3) | The Agency may provide the Assembly with such information or advice |
| |
relating to other matters as the Agency think fit. |
| |
(4) | The Agency and HEFCW must give each other such information as they may |
| 35 |
require for the purposes of the exercise of their functions under any enactment. |
| |
(5) | The following must give the Agency or HEFCW such information as they may |
| |
require for the purpose of the exercise of their functions under any |
| |
| |
(a) | any person receiving, or who has received or applied for, any grant, |
| 40 |
loan or other payment under this Part; |
| |
(b) | any local education authority. |
| |
|
| |
|