Learning and Skills Bill [H.L.] - continued        House of Lords
Main powers - continued

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Funding of school sixth-forms.     36. - (1) The Council may make a grant to a local education authority-
    (a) on the condition that the grant be applied as part of the authority's local schools budget for a financial year, and
    (b) with a view to the grant being used for the purposes of, or for purposes connected with, the provision by schools of education suitable to the requirements of persons above compulsory school age.
      (2) A grant made under this section may be made on conditions in addition to the condition mentioned in subsection (1)(a) (including conditions of a kind which could be imposed under section 6).
      (3) "Local schools budget" and "maintained school" have the same meaning as in Part II of the School Standards and Framework Act 1998 (framework for maintained schools).
Assessments and means tests.     37. - (1) The Council may develop schemes for the assessment of the performance of persons in providing post-16 education and training.
      (2) The Council may take the assessments into account in deciding how to exercise its powers under section 34.
      (3) The Council may-
    (a) carry out means tests;
    (b) arrange for other persons to carry out means tests.
      (4) The Council may take the results of the tests into account in exercising its power under section 34(1)(c).
Qualifying accounts and grants.     38. - (1) The Council may promote the holding of accounts which qualify under section 96.
      (2) The Council-
    (a) may make arrangements under provision made under section 97(4)(d);
    (b) may be designated by the National Assembly in exercise of a power conferred on it under section 97(5)(b) or (6)(b) and may act in accordance with such a designation.
Further education: governors.     39. - (1) The Council may appoint a person to be a member of the governing body of an institution which-
    (a) falls within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992), and
    (b) mainly serves the population of Wales.
      (2) But no more than two members of the governing body of a given institution may at any given time have been appointed under this section.
Other functions
Research and information.     40. - (1) The Council may carry out research relating to any matter relevant to any of its functions.
      (2) The Council must provide the National Assembly with such information or advice as the National Assembly requests about any matter in relation to which the Council has a function.
      (3) The Council may provide the National Assembly with such information or advice as the Council thinks fit about any matter in relation to which it has a function.
      (4) The Council must establish systems for collecting information which is designed to secure that its decisions with regard to education and training are made on a sound basis.
      (5) The Council may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).
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.
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