Education Act 1997

Changes over time for: Section 32

Version Superseded: 31/03/2009

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Point in time view as at 01/04/2006. This version of this provision has been superseded.

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Education Act 1997, Section 32 is up to date with all changes known to be in force on or before 22 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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32 Supplementary provisions relating to discharge by [F1the National Assembly for Wales of its functions] .E+W

(1)In carrying out [F2its functions] under this Part [F3the National Assembly for Wales] shall—

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)so far as relevant, have regard to—

F6(i)the requirements of [F7section 99 of the Education Act 2002](general duties in respect of curriculum),

(ii)the requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and

(iii)the requirements of persons with special learning needs.

(2)In carrying out those functions [F8the National Assembly for Wales] shall in addition have regard to information supplied [F9to it] by [F10Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru] or by any body designated by the Secretary of State for the purposes of this section.

(3)Where in carrying out any of [F11its functions] under this Part [F12the Assembly accredits] F13. . . any qualification, [F14it may] do so on such terms (including terms as to payment) F13. . . as [F14it may] determine.

[F15(3A)Where in carrying out those functions [F16the National Assembly for Wales accredits] any qualification, [F17it may] , at the time of accreditation or later, impose such conditions on accreditation or continued accreditation as [F17it may] determine.]

(4)Those conditions may in particular include conditions—

(a)placing a limit on the amount of the fee that can be demanded in respect of any award or authentication of the qualification in question; and

[F18(b)requiring rights of entry to premises and to inspect and copy documents so far as necessary for [F19the National Assembly for Wales] —

(i)to satisfy [F20itself] that the appropriate standards are being maintained, in relation to the award or authentication of the qualification in question, by the persons receiving the accreditation, or

(ii)to determine whether to impose a condition falling within paragraph (a) and if so what that condition should be.]

[F21(4A)Where authorised to do so under paragraph 2(3) of Schedule 4, the National Assembly for Wales may act as agent for the Qualifications and Curriculum Authority in connection with the exercise of any of that Authority’s functions in relation to Wales.]

F22(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this section “persons with special learning needs” has the same meaning as in section 26.

Textual Amendments

F1Words in s. 32 heading substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 17 (with art. 7)

F2Words in s. 32(1) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(a)(i) (with art. 7)

F3Words in s. 32(1) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(a)(ii) (with art. 7)

F4S. 32(1)(a) omitted (1.4.2006) by virtue of Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(a)(iii) (with art. 7)

F5S. 32(1)(b) omitted (1.4.2006) by virtue of Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(a)(iii) (with art. 7)

F6Words in s. 32(1)(c)(i) substituted (19.12.2002 for W., 1.3.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 70 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 2

F7Words in s. 32(1)(c)(i) substituted (19.12.2002 for W., 1.3.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 70 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 2