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| |
| |
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| | (b) | where that period is part of a continuous period, comprising— |
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| | (i) | periods of detention in relevant youth accommodation |
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| | and in other accommodation, or |
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| | (ii) | periods of detention pursuant to two or more orders of |
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| | |
| | | the beginning of that continuous period. |
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| | (5) | Where, on the child’s release, a local education authority (“the new |
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| | authority”) other than the authority mentioned in subsection (3) (“the old |
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| | authority”) becomes responsible for the child for the purposes of this |
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| | |
| | (a) | the old authority must transfer the statement to the new authority, |
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| | |
| | (b) | from the child’s release, the statement is to be treated as being |
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| | maintained by the new authority under section 324.” |
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| | (3) | In section 328(5) (reviews of educational needs), at the end of paragraph (a) (but |
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| | |
| | “(aa) | where the child concerned— |
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| | (i) | has been subject to a detention order, and |
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| | (ii) | immediately before release was detained in relevant |
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| | |
| | | on the child’s release from detention,”.’. |
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| | Member’s explanatory statement
|
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| | This new clause inserts new provisions into Part 4 of the Education Act 1996 to suspend that Part |
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| | while a person is detained in relevant youth accommodation and make provision for a statement |
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| | of special educational needs maintained before a person’s detention to be revived and reviewed |
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| | |
| |
| | Sharing of information for education and training purposes |
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| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | A person within subsection (3) may provide information to another person within |
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| | that subsection, or a person within subsection (4), for the purpose of enabling or |
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| | facilitating the exercise of any relevant function. |
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| | (2) | A person within subsection (4) may provide information to a person within |
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| | subsection (3) for the purpose of enabling or facilitating the exercise of any |
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| | |
| | (3) | The persons within this subsection are— |
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| | |
| | (b) | the Young People’s Learning Agency for England; |
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| | |
| | (d) | a member of the Chief Executive’s staff; |
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| | (e) | a member of staff of a designated person; |
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| | (f) | a person providing services to any person within paragraphs (a) to (c). |
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|
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| |
| |
|
| | (4) | The persons within this subsection are— |
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| | (a) | a local education authority in England; |
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| | (b) | a person providing services to a local education authority in England in |
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| | |
| | (5) | In subsections (1) and (2), “relevant function” means— |
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| | (a) | any function of the Chief Executive, |
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| | (b) | any function of the Young People’s Learning Agency for England, or |
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| | (c) | any function conferred on a local education authority in England in its |
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| | |
| | | other than a function under this section. |
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| | |
| | “the Chief Executive” means the Chief Executive of Skills Funding; |
|
| | “designated person” means a person by whom any function of the Chief |
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| | Executive is exercisable by virtue of section 79(1); |
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| | “member of staff of a designated person” means a person— |
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| | (a) | appointed by a designated person to assist the designated person |
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| | in connection with the performance of any function exercisable |
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| | by the designated person by virtue of section 79(1), or |
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| | (b) | exercising any function of the Chief Executive by virtue of |
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| | |
| | “member of the Chief Executive’s staff” means— |
|
| | (c) | a member of the Chief Executive’s staff appointed by the Chief |
|
| | Executive under paragraph 3 of Schedule 4, or |
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| | (d) | a member of staff provided to the Chief Executive by the |
|
| | Secretary of State under arrangements under paragraph 5 of that |
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| | |
| | (7) | Nothing in this section— |
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| | (a) | affects any power to disclose information that exists apart from this |
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| | |
| | (b) | authorises the disclosure of any information in contravention of any |
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| | provision made by or under any Act which prevents disclosure of the |
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| | |
| | Member’s explanatory statement
|
|
| | This new clause replaces clause 119 to allow information sharing between bodies and persons |
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| | replacing the Learning and Skills Council. It differs from clause 119 in not extending local |
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| | education authorities’ existing statutory powers to share information with each other and in |
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| | defining “member of the Chief Executive‘s staff”. |
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| |
| | |
| |
| |
| | |
| | To move the following Clause:— |
|
| | ‘(1) | A recognised body may give notice to Ofqual that it wishes to cease to be |
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| | recognised in respect of the award or authentication of a specified qualification or |
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| | description of qualification. |
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|
| |
| |
|
| | (2) | As soon as reasonably practicable after receipt of a notice under subsection (1) |
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| | Ofqual must give notice to the recognised body of the date on which the body is |
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| | to cease to be recognised in the respect in question (“the surrender date”). |
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| | (3) | In deciding the surrender date Ofqual must have regard to the need to avoid |
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| | prejudicing persons who are seeking, or might reasonably be expected to seek, to |
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| | obtain the qualification, or a qualification of the description, specified in the |
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| | notice under subsection (1). |
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| | (4) | Ofqual may make saving or transitional provision in connection with a recognised |
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| | body ceasing to be recognised in any respect by virtue of this section.’. |
|
| | Member’s explanatory statement
|
|
| | This new clause allows a recognised body to surrender recognition by giving notice to Ofqual. |
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| | Ofqual has the power to decide the date on which the surrender takes effect (acting in accordance |
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| | with the requirements of subsections (2) and (3)) and may make saving or transitional provision. |
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| |
| | Duty not to impose or maintain unnecessary burdens |
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| |
| |
| | |
| | To move the following Clause:— |
|
| | ‘(1) | Ofqual must keep its regulatory functions under review. |
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| | (2) | Ofqual must secure that in performing any of its regulatory functions it does |
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| | |
| | (a) | impose burdens which it considers to be unnecessary, or |
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| | (b) | maintain burdens which it considers to have become unnecessary. |
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| | (3) | Subsection (2) does not require the removal of a burden which has become |
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| | unnecessary where its removal would, having regard to all the circumstances, be |
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| | impracticable or disproportionate. |
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| | (4) | Ofqual must publish a statement setting out— |
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| | (a) | what it proposes to do pursuant to subsections (1) and (2) in the period to |
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| | which the statement relates, |
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| | (b) | (except in the case of the first statement published under this section) |
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| | what it has done pursuant to subsections (1) and (2) since the previous |
|
| | statement was published under this section, and |
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| | (c) | where a burden which has become unnecessary is maintained pursuant to |
|
| | subsection (3), the reasons why the removal of the burden would, having |
|
| | regard to all the circumstances, be impracticable or disproportionate. |
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| | (5) | The first statement published under this section— |
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| | (a) | must be published as soon as reasonably practicable after the |
|
| | commencement of section 124, and |
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| | (b) | is to be a statement for the period of 12 months beginning with the day of |
|
| | |
| | (6) | A subsequent statement published under this section— |
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| | (a) | must be published during the period to which the previous statement |
|
| | related or as soon as reasonably practicable after the end of that period, |
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| | |
| | (b) | must be a statement for the period of 12 months beginning with the end |
|
| | of the period to which the previous statement related. |
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|
|
| |
| |
|
| | (7) | Ofqual must, in performing any of its regulatory functions during a period for |
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| | which a statement is in force under this section, have regard to the statement. |
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| | (8) | In this section “regulatory function” has the same meaning as in the Legislative |
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| | and Regulatory Reform Act 2006 (c. 51) (see section 32 of that Act).’. |
|
| | Member’s explanatory statement
|
|
| | This new clause imposes a duty on Ofqual not to impose or maintain unnecessary regulatory |
|
| | burdens. The clause is similar in effect to section 72 of the Regulatory Enforcement and Sanctions |
|
| | Act 2008, which imposes almost identical duties on a range of regulators. |
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| |
| | |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | A local education authority may provide registered students at— |
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| | (a) | a sixth form college, or |
|
| | (b) | a further education college, |
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| | | who are over compulsory school age, but under 19, with lunches. |
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| | (2) | Where provision is made under subsection (1) it shall be made in a case within |
|
| | paragraph (a) or (b) of that subsection, either on the college premises or at any |
|
| | other place where education is being provided. |
|
| | (3) | A local education authority shall exercise its power under subsection (1) to |
|
| | provide college lunches for any person if— |
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| | (a) | any prescribed requirements are met, |
|
| | (b) | a request for the provision of college lunches has been made by or on |
|
| | behalf of that person to the authority, and |
|
| | |
| | (i) | that person is eligible for free lunches (as defined by section |
|
| | 512ZB (4) of the Education Act 1996, or |
|
| | (ii) | in the case of a person within subsection (1) (a), it would not be |
|
| | unreasonable for the authority to provide the lunches. |
|
| | (4) | Where the local education authority provides lunch in accordance with subsection |
|
| | (3) to a person who is eligible for free lunches, the authority shall provide the |
|
| | |
| |
| | Further provision about transport policy statements |
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| |
| |
| |
| | |
| To move the following Clause:— |
|
|
|
| |
| |
|
| | ‘(1) | In section 509AB of the Education Act 1996 (c. 56) omit subsection (3)(d) and |
|
| | insert after subsection (7)— |
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| | “(8) | In preparing a statement under that section a local education authority has |
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| | a duty to provide affordable transport.”.’. |
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| |
| | Complaints about transport arrangements |
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| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | After section 509AE of the Education Act 1996 (complaints about transport |
|
| | arrangements etc for persons of sixth form age in England) insert— |
|
| | “509AF | Complaints about transport arrangements etc for certain young |
|
| | |
| | (1) | A local education authority may revise a statement prepared under |
|
| | section 508F to change the arrangements specified under subsection (1) |
|
| | of that section if, as a result of a certain young adult’s transport |
|
| | complaint, they have come to consider the change necessary for the |
|
| | purpose mentioned in that subsection. |
|
| | (2) | A local education authority must revise a statement prepared under |
|
| | section 508F to change the arrangements specified under subsection (1) |
|
| | of that section if, as a result of a certain young adult transport complaint, |
|
| | the Secretary of State has directed them to do so. |
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| | (3) | An authority that revises a statement under subsections (1) or (2) must |
|
| | publish the revised statement and a description of the revision as soon as |
|
| | |
| | (4) | The Secretary of State need not consider whether to exercise any power |
|
| | under sections 496 to 497A (powers to prevent unreasonable exercise of |
|
| | functions, etc) or subsection (2) of this section in response to a matter that |
|
| | is, or could have been, the subject of a certain young adult transport |
|
| | complaint made to him or her unless satisfied that— |
|
| | (a) | the matter has been brought to the notice of the local education |
|
| | |
| | (b) | the authority has had a resonable opportunity to investigate the |
|
| | |
| | (5) | In this section “certain young adult transport complaint” means a |
|
| | |
| | (a) | about a local education authority’s exercise of, or failure to |
|
| | exercise, a function under sections 508F to 509AD in relation to |
|
| | |
| | (b) | made by a person who is, or will be, a relevant young adult when |
|
| | the matter complained of has effect, or by a parent of such a |
|
| | |
|
|
| |
| |
|
| | (c) | made by a “certain young adult” as defined by section 508F (8). |
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| | (6) | For the purposes of sections 508G(8), 509AB(1) to (5), and 509AD, the |
|
| | revision of a statement under this section is to be treated as the |
|
| | preparation of a statement under section 508F. |
|
| | (7) | Where a local authority has published in a single document a statement |
|
| | prepared under section 508G and a statement prepared under 509AA, the |
|
| | requirement to publish a revised statement under subsection (3) is to be |
|
| | treated as a requirement to publish a version of the document that |
|
| | includes the revised statement.”. |
|
| | (2) | In section 496 of the Education Act 1996 (power of Secretary of State to prevent |
|
| | unreasonable exercise of functions), after subsection (4) (as inserted by section |
|
| | 206(1) of this Act) insert— |
|
| | “(6) | This section is subject to section 509AF (complaints about transport |
|
| | arrangements etc for certain young adults in England).”. |
|
| | (3) | In section 497 of the Education Act 1996 (general default powers of Secretary of |
|
| | State), after subsection (6) insert— |
|
| | “(7) | This section is subject to section 509AF (complaints about transport |
|
| | arragements etc for certain young adults in England).”. |
|
| | (4) | In section 497A of the Education Act 1996 (power of Secretary of State to secure |
|
| | proper performance of LEA’s functions), at end insert— |
|
| | “(9) | This section is subject to section 509AF (complaints about transport |
|
| | arrangements etc for certain young adults in England).”.’. |
|
| |
| | Power of the Secretary of State to direct a review of arrangements |
|
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State may direct one or more local authorities to undertake a |
|
| | review of their transport policy statement. |
|
| | (2) | The provision which may be made by a direction includes provision for— |
|
| | (a) | the timetable for the review and for the preparation and publication of a |
|
| | |
| | (b) | the procedures to be followed in carrying out the review, |
|
| | (c) | particular issues which the review and any scheme must address, and |
|
| | (d) | the implementation of any policy.’. |
|
| |
|
|
| |
| |
|
| | Communication with further education colleges |
|
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | In considering whether to issue any guidance or other circular to the governing |
|
| | bodies or principals of further education colleges in the exercise of functions |
|
| | relating to education, the Secretary of State and the Chief Executive shall have |
|
| | |
| | (a) | the desirability of providing information about good educational |
|
| | practice, while recognising the professional expertise of college staff; |
|
| | (b) | the benefits that are expected to result from the issue of the guidance or |
|
| | |
| | (c) | the desirability of avoiding— |
|
| | (i) | the sending of excessive material to governing bodies or |
|
| | |
| | (ii) | the imposition of excessive administrative burdens on governing |
|
| | |
| | (2) | In pursuance of the duty in subsection (1) the Secretary of State shall in respect |
|
| | |
| | (a) | prepare a report listing— |
|
| | (i) | documents sent by him or the Chief Executive during the year to |
|
| | all governing bodies of further education colleges in England or |
|
| | to all principals of such colleges, and |
|
| | (ii) | documents (not falling with sub-paragraph (i)) sent by him |
|
| | during the year to all governing bodies of further education |
|
| | colleges in England of a particular kind or to all principals of |
|
| | such colleges of a particular kind, and |
|
| | (b) | lay a copy of the report before each House of Parliament, and include |
|
| | within it comparative statistics in respect of each of the two preceding |
|
| | academic years on documents falling within this subsection sent out by |
|
| | |
| | (3) | In pursuance of the duty in subsection (1) the National Assembly for Wales shall |
|
| | in respect of each academic year prepare and publish a report listing— |
|
| | (a) | documents sent by the Assembly during the year to all governing bodies |
|
| | of further education colleges in Wales or to all principals of such |
|
| | |
| | (b) | documents (not falling within paragraph (a)) sent by the Assembly during |
|
| | the year to all governing bodies of further education colleges in Wales of |
|
| | a particular kind or to all principals of such colleges of a particular kind. |
|
| | (4) | The documents referred to in subsections (2) and (3) do not include any document |
|
| | sent by the Secretary of State or the National Assembly for Wales— |
|
| | (a) | otherwise than in the exercise of functions relating to education, or |
|
| | (b) | at the request of the person to whom it is sent. |
|
| | (5) | Each document issued by the Secretary of State or the National Assembly for |
|
| | Wales and falling within subsections (2)(a)(i) or (ii) or (3)(a) or (b) shall list |
|
| | within it previous relevant documents issued by the Secretary of State or the |
|
| | National Assembly for Wales and shall state clearly those documents which are |
|
| | superseded by the current document. |
|
|