Territorial Application: Wales
9.The Act confers a number of new or expanded powers on the Welsh Ministers, in line with changes being made to certain powers of the Secretary of State in relation to England. Table 1 lists the provisions that affect the existing powers of the Welsh Ministers, confer new powers on them, or otherwise affect Wales.
Table 1: Sections which affect the existing powers of the Welsh Ministers, confer new powers on them, or otherwise affect Wales
| Section | Subject of section | Effect on the powers of the Welsh Ministers |
|---|---|---|
| 39 | Other amendments of Employment Rights Act 1996 | This is a consequential amendment and does not alter the existing powers of the Welsh Ministers |
| 67 | Corresponding provision for Wales | Enables the Secretary of State by order to apply Chapter 3 and other provisions to Wales, after consulting the Welsh Ministers, should the National Assembly for Wales make provision corresponding to section 2 for Wales |
| 83 | Provision of transport for persons of sixth form age | To require local education authorities in Wales to consider journey times when preparing transport policy statements, subject to a Measure in Wales (see paragraph 92) |
| 87 | Benefit and training information | Enables information on individuals’ benefits to be disclosed to the Welsh Ministers and for information on individuals’ learning activities to be disclosed between the Secretary of State and the Welsh Ministers |
| 88 | Revenue and Customs information | Allows Her Majesty’s Revenue and Customs (HMRC) to share information about individuals’ income tax and tax credits with the Welsh Ministers |
| 89 | Use of information | Provides a power for the Welsh Ministers to use revenue and customs information supplied by HMRC and benefit and training information supplied by the Secretary of State for defined assessment functions |
| 90 | Wrongful onward disclosure of information | Creates a new offence for wrongful disclosure of information |
| 91 | Information: supplementary | Provides that use and disclosure of the information in sections 87 to 91 under existing powers is unaffected, and states that the devolved authorities include the Welsh Ministers |
| 130 | Directions under section 128: information | Enables the Welsh Ministers to provide information about persons in connection with the Ministers’ statutory duties to protect children and vulnerable adults |
| 146, 147 and 148 | Abolition of requirement of approval for independent schools: England | Names the Welsh Ministers as having the power to approve an independent school for the placement of children with statements of special educational needs in Wales (consequential). Welsh Ministers will have the power to consent to a child with a statement of special educational needs in Wales being sent to an independent school in England |
| 149 | Powers of the National Assembly for Wales | Amends Part 1 of Schedule 5 to the Government of Wales Act 2006 so as to devolve additional powers to the Assembly in the field of education and training |
| 150, 152 and 153 | Admissions arrangements | Amends the School Standards and Framework Act 1998 which applies to England and Wales |
| 157 | Governing bodies of maintained schools to invite and consider pupils’ views | Power for Welsh Ministers to make regulations prescribing the matters on which governing bodies of maintained schools in Wales must consult pupils |
| 158 | Consultation of pupils: existing functions | Provides for section 176 of the 2002 Act so far as it applies to local education authorities to remain in force in Wales, but it ceases to apply to governing bodies of maintained schools in Wales |
| 160 | Approved external qualifications: Wales | Removes the requirement that Welsh Ministers consent to approve an external qualification provided in Wales |
| 162 | Functions of Welsh Ministers etc | Aligns the Welsh Ministers’ remit in relation to the recognition of persons wishing to award or authenticate qualifications in relation to Wales with the functions of the QCA in relation to England and Northern Ireland |
| 165 | Constitution of schools forums | Power for Welsh Ministers to make regulations for a schools forum to contain non-schools members |
| 166 | Orders and regulations | Welsh Ministers are to make commencement orders by way of statutory instrument |
| 170 | Power to make consequential and transitional provision etc | Power for the Secretary of State to make by regulations consequential or transitional provisions |
| 172 | Extent | Sets out that the Act extends to England and Wales |
| 173 | Commencement | Enables the Welsh Ministers to make commencement orders to bring certain sections into force |
