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Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)
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| To make provision about apprenticeships, education, training and
children’s services; to amend the Employment Rights Act 1996; to establish the
Young People’s Learning Agency for England, the office of Chief Executive of
Skills Funding, the Office of Qualifications and Examinations Regulation and
the School Support Staff Negotiating Body and to make provision about those
bodies and that office; to make provision about the Qualifications and
Curriculum Authority; to make provision about schools and institutions
within the further education sector; to make provision about student loans;
and for connected purposes. |
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Swyddogaethau a gyflawnir gan Lywodraeth Cynulliad Cymru neu Gynulliad Cenedlaethol Cymru. |
The following Ministerial functions under this Act are exercisable solely by the Welsh Ministers in relation to Wales:
Part 1: Apprenticeships, Study and Training:
Chapter 1: Apprenticeships:
- section 2(5): Power by regulations to specify alternative completion conditions in order to complete a "Welsh apprenticeship". Power subject to affirmative resolution procedure in the Assembly. Power subject to affirmative resolution procedure in the Assembly.
- section 7 and 8: Power by regulations to prescribe the manner in which apprenticship certificates are to be issued by Welsh certifying authorities. Power subject to negative resolution procedure in the Assembly.
- section 9: Power by regulations to authorise the Welsh certifying authority to charge a fee for issuing an apprenticeship certificate or copies of the certificate. Power subject to negative resolution procedure in the Assembly.
- section 10: Power by order to designate the Welsh certifying authorities. The Welsh Ministers are the designated authority if no-one is designated. Power to give directions and guidance to the person designated under this section.
- section 11: Power by regulations to require matters to be stated in apprenticeship certificates. Power subject to negative resolution procedure in the Assembly.
- section 18: Power to designate a person to issue apprenticeship frameworks relating to a particular apprenticeship sector. Power to give directions and guidance to the person designated under this section.
- section 19: Power to withdraw the recognition of a recognised Welsh framework if there is no Welsh issuing authority in relation to the framework.
- section 22: Power by order to make transitional provision, to provide for an existing vocational specification to be treated as if it were an apprenticeship framework issued under section 19(1). Power subject to negative resolution procedure in the Assembly.
- section 28: Power to issue the apprenticeship standards. Duty to consult such persons as the Welsh Ministers think appropriate in preparing the draft standards, save for the first draft specification.
- section 29: Power by order to modify the apprenticeship standards for Wales. Power subject to negative resolution procedure in the Assembly.
Part 3: The Young People's Learning Agency for England (YPLA):
Chapter 2: Main Functions:
See also Shared Powers.
- section 68(1): Power to make arrangements with the Young People's Learning Agency for England for the provision by the YPLA of services relating to education and training. Power subject to negative resolution procedure in the Assembly and subject to consent by the Secretary of State in connection with the exercise of the recipient's functions relating to education or training provided in Wales. Power subject to negative resolution procedure in the Assembly.
- section 68(6): Power to consent to arrangements made by the YPLA with recipients or other person specified in the Act or by order made by the Welsh Ministers to provide education or training services in Wales . Power subject to negative resolution procedure in the Assembly. Power subject to negative resolution procedure in the Assembly.
Part 4: The Chief Executive of Skills Funding:
Chapter 2: Other Functions:
See also Shared Powers.
- section 107(1): Power to make arrangements with the Chief Executive of Skills Funding for the Chief Executive to proviside services and assistance to the Welsh Ministers with the exercise of their education and training functions. Power subject to negative resolution procedure in the Assembly. Power subject to negative resolution procedure in the Assembly.
- section 107(6): Power to consent to arrangements made by the Chief Executive of Skills Funding with person specified in the Act or by order made by the Welsh Ministers for the the exercise of education and training functions in Wales. Power subject to negative resolution procedure in the Assembly. Power subject to negative resolution procedure in the Assembly.
Part 12: Miscellaneous
- section 259(2) : Duty to lay within four years before the National Assembly for Wales a report about the effect of subsection (1) which allows further education institutions in Wales to to award foundation degrees.
Part 13: General
- section 262(3): Power to make incidental, consequential, supplementary, transitional, transitory or saving provision.
- section 263: General power to amend or revoke directions.
- section 269: Power by order to bring into force sections 2 and 7 to 10; sections 11 and 12, so far as relating to Wales; sections 18 to 22; sections 28 to 31; section 39, so far as relating to Wales; sections 48 to 52, so far as relating to Wales; paragraphs 54 to 56 of Schedule 6, so far as relating to Wales; paragraphs 11, 13 and 27 of Schedule 12, so far as relating to Wales (and the associated entries in Schedule 16); paragraphs 14 to 19 and 29 of Schedule 12 (and the associated entries in Schedule 16); sections 174 and 192 so far as they relate to the paragraphs of Schedule 12 mentioned in paragraphs (h) and (i); section 205 and Schedule 14; section 259 (and the associated entry in Schedule 16); section 260; section 266, so far as it relates to the entries in Schedule 16 mentioned in paragraphs (h), (i) and (l).
The following functions are exercisable solely by the Assembly in relation to Wales:
- section 262(9): Power to annul a statutory instrument containing an order or regulation made by the Welsh Ministers under Chapter 1 of Part 1 (other than an order under section 10)(sections 1 to 39) and section 68 or 107.
- section 262(10): Power to approve a draft statutory instrument which contains (whether alone or with other provision) regulations under section 2(5).
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