Part IIE+W [F1Further Education and Sixth Form Education: Wales]

Textual Amendments

Modifications etc. (not altering text)

C1Pt. 2 certain functions made exercisable jointly with the Welsh Ministers (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 113(3)(f), 124(5); S.I. 2018/241, reg. 2(m)

Other functionsE+W

41 Persons with [F2learning difficulties] [F2additional learning needs].E+W

(1)In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the [F3Welsh Ministers] must have regard—

(a)to the needs of persons with [F4learning difficulties, and] [F4additional learning needs;]

[F5(b)in particular, to any report of an assessment conducted under section F6... 140.]

[F5(b)to the desirability of facilities being available which would assist the discharge of duties under the Additional Learning Needs and Education Tribunal (Wales) Act 2018.]

[F7(2)If the [F8Welsh Ministers are] satisfied that [F9they cannot] secure the provision of facilities for education or training which are sufficient in quantity and adequate in quality for a person with a learning difficulty who is over compulsory school age but who has not attained the age of 19 unless [F10they also secure] the provision of boarding accommodation for him, the [F11Welsh Ministers must] secure the provision of boarding accommodation for him.]

[F12(3)If the [F8Welsh Ministers are] satisfied that [F9they cannot] secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 19 but not the age of 25 unless [F10they also secure] the provision of boarding accommodation for him, the [F11Welsh Ministers must] secure the provision of boarding accommodation for him.]

[F13(4)If the [F8Welsh Ministers are] satisfied that [F9they cannot] secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 25 unless [F10they also secure] the provision of boarding accommodation for him, the [F14Welsh Ministers may] secure the provision of boarding accommodation for him.]

[F15(5)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.]

[F15(5A)In this Part, “additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, and “additional learning provision” has the meaning given by section 3 of that Act.]

[F16(6)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.]

Textual Amendments

F6Words in s. 41(1)(b) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 73; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Commencement Information

I1S. 41 not in force at Royal Assent see s. 154; s. 41 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I