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The following Ministerial functions under this Act are exercisable solely by the National Welsh Ministers in relation to Wales namely: Part II - National Council for Education and Training for Wales - section 30: Power to appoint members of the Council, one of whom must be the chairman.
- section 38: Power to designate the Council in exercise of a power.
- section 40: Power to require the Council to provide them with such information or advice as the National Welsh Ministers requests about any matter in relation to which the Council has a function.
- section 43 (5): Power to approve the Council's plan for its financial year, or require the Council to make specified alterations of it.
- section 43 (6): Power to specify the manner and time when the plan must be published.
- section 44: Power to approve the Council's strategy in relation to its functions or require the Council to make specified alterations of it.
- section 46 (4): Power to confer or impose supplementary powers or duties on the Council relating to the provision of post-16 education or training, by order. -Section 47: Power to give directions to the Council.
- section 49: Power to make grants to the Council of such amounts and subject to such conditions as the National Welsh Ministers thinks fit.
- section 50: Power to arrange for copies of the Council's annual report to be published in such manner as the Welsh Ministers thinks appropriate.
Part IV - Inspections in Wales - section 75 (1)(e): Power to make regulations adding other types of education and training to the remit of the Chief Inspector for Wales.
- section 76: Power to ask (require) the Chief Inspector for Wales to give advice on and inspect education and training, and report on it.
- section 81: Repealed by the Education Act 2005.
- section 83 (1): Power to ask the Chief Inspector for Wales to carry out area inspections.
- section 83 (7): Power to make regulations to make further provision with respect to the obligation to provide information imposed by this section.
- section 84: Power to direct the Council and local education authority to prepare an action plan following section 83 inspections.
- section 85: Power to direct the Chief Inspector for Wales to carry out a survey of Wales, or a comparative study of the provision made outside Wales, in respect of specified matters relating to education or training for persons aged 16 or over.
Part V - Miscellaneous and General - section 93: Power to make a scheme providing for the transfer of any of its property, rights and liabilities to the National Council for Education and Training for Wales.
- section 99 (2): Power to approve qualifications.
- section 99 (5): Power to revoke at any time a designation, an approval given by the National Welsh Ministers or an approval given by a designated body.
- section 99 (7): Power to ask the Qualifications, Curriculum and Assessment Authority for Wales to advise the National Welsh Ministers on any approval the National Welsh Ministers proposes to give under subsection (2)(a).
- section 102: Power to give directions to a local education authority or specified body who has failed to comply with either section 96(2)(a), section 96(3), or section 97(2).
- section 107: Power to make arrangements with a body in connection with the making by that body of arrangements which qualify under section 105.
- section 108: Power to make regulations authorising grants to be paid to or in respect of individuals in connection with their education or training.
- section 111: Power to make, by order, provision for the establishment of a body corporate.
- section 113A and Schedule 7A: Power of the Welsh Ministers to give guidance to the National Council for Education and Training for Wales (NCETW) concerning propositions for the establishment, alteration or closure of maintained school sixth forms. Power to make decisions on NCETW proposals submitted to the NAW. Power to make regulations, as appropriate, setting out the processes, including the extent and nature of local consultation, to be followed by the NCETW in developing and submitting such proposals, and by the NAW in making a decision. Power to prescribe relevant persons for application and consultation
- section 123: Power to direct a local authority to provide, secure and participate in the provision of youth support services.
- section 127 (1): Power to request the Chief Inspector of Education and Training in Wales to advise the Welsh Ministers on matters relating to services provided in pursuance of section 123(1), and to inspect and report on the provision of those services (subject to exceptions below).
- section 128 (6): Power to give directions to the local authority if the Welsh Ministers considers that the local authority is failing to comply with its duties under subsection (5).
- section 140: Power to arrange assessments for persons, relating to learning difficulties.
- section 141(3): Power to make an order describing the meaning of a "prescribed" action under subsection (2).
- section 143: Power to make an order providing for the constitution as a body corporate of the governing body of an institution in Wales which is designated under section 28 of the Further and Higher Education Act 1992 (subject to the exception below).
- section 148: Power to issue guidance to local education authorities regarding sex education, and to revise that guidance.
- section 154: Provides that: (2) The following provisions of this Act shall come into force in accordance with provision made by the National Welsh Ministers for Wales by order- (a) Parts II and IV, and (b) sections 91, 93, 99, 100(2), 102, 123 to 129 and 138. (4) If and in so far as a provision of this Part relates to Wales, the National Welsh Ministers for Wales may (subject to subsection (5)) make provision by order about its commencement. (7) The National Welsh Ministers for Wales may by order make provision in relation to Wales in consequence of either of the matters mentioned in subsection (6)(a) and (b).
Schedule 4 - National Council for Education and Training for Wales. - Schedule 4, paragraph 1: Power to appoint the first chief executive of the Council. Power to approve certain appointments. Duty to appoint in listed cases.
- Schedule 4, paragraph 3: Powers in relation to resignations.
- Schedule 4, paragraph 4: Power to determine salaries, pensions, fees etc. of Council members.
- Schedule 4, paragraph 5: Power to approve the Council's determination of employment terms.
- Schedule 4, paragraph 8: Powers relating to members' interests.
- Schedule 4, paragraph 9: Power to attend sessions of the Council. Power to require information distributed to members.
- Schedule 4, paragraph 14: Power to issue directions relating to statements of accounts. Power to require additional information to be included in the statement.
Schedule 5 - Committees (Wales) - Schedule 5, paragraph 3: Power to approve regional committees' duties and powers.
- Schedule 5, paragraph 6: Power to determine members' allowances.
- Schedule 5, paragraph 8: Power to attend sessions of the committees of the Council. Power to require information distributed to members.
Schedule 7 - Inadequate Sixth Forms. - Schedule 7, paragraph 20: Power to prescribe contents and form of publication of proposals for an alteration of a school as no longer suitable to provide education. Power to issue guidance relating to publication and consultation.
- Schedule 7, paragraph 21: Power to prescribe information to be disclosed. Power to prescribe for other receipients of the said information.
- Schedule 7, paragraph 28: Power to prescribe contents and form of publication of proposals for the closure of an institution for 16-19 years old. Power to issue guidance relating to publication of the proposal.
- Schedule 7, paragraph 29: Power to prescribe information to be disclosed. Power to prescribe for other receipients of the said information.
- Schedule 7, paragraph 29: Power to modify by regulations Part II of Schedule 7, in relation to schools maintained by LEA outside its area.
- Schedule 7, paragraphs 40-1: Power to require provision of information to the Council or to the Welsh Ministers. Power to prescribe the contents, and time for such provision. Power to prescribe time for objections.
- Schedule 7, paragraphs 42-3: Duty to consider, and approve or reject the proposals. Duty to consult in specified cases.
- Schedule 7, paragraph 45: Power to modify by regulations Part III of Schedule 7, in relation to schools maintained by LEA outside its area.
- Schedule 10, paragraph 13: Power to confer transitional powers to Welsh Councils.
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