Learning and Skills Act 2000

• Citation: 2000 c. 21
• Sections: 429

Section 1 The Council.

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Section 2 Education and training for persons aged 16 to 19.

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Section 3 Education and training for persons over 19.

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Section 4 Encouragement of education and training.

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Section 4A Learning aims for persons over 19: provision of facilities

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Section 4B Learning aims for persons over 19: payment of tuition fees

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Section 4C Sections 4A and 4B: supplementary

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Section 5 Provision of financial resources.

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Section 6 Financial resources: conditions.

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Section 7 Funding of school sixth-forms.

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Section 8 Links between education and training and employment.

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Section 9 Assessments and means tests.

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Section 10 Qualifying accounts and arrangements.

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Section 11 Further education: governors.

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Section 11A Support schemes relating to education and training for persons aged 10 to 15

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Section 12 Research and information.

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Section 13 Persons with learning difficulties.

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Section 14 Equality of opportunity.

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Section 14A Consultation

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Section 15 Plans.

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Section 16 Strategy.

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Section 17 Use of information by Council.

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Section 18 Supplementary functions.

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Section 18A Regional councils

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Section 18B Functions of regional councils

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Section 18C Guidance to regional councils

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Section 19 Local councils.

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Section 20 Functions of local councils.

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Section 21 Guidance to local councils.

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Section 22 Plans of local councils.

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Section 23 Duty of local education authorities.

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Section 24 Guidance and plans: timing.

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Section 24A Strategies for functions of Council

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Section 24B Strategy for functions of Council: Greater London

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Section 24C Duty of Council

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Section 25 Directions.

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Section 26 Committees.

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Section 27 Grants to Council.

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Section 28 Annual report.

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Section 29 Council’s financial year.

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Section 30 The Council.

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Section 31 Education and training for persons aged 16 to 19.

(1) Welsh Ministers must secure the provision of proper facilities for—

(a) education (other than higher education) suitable to the requirements of persons who are above compulsory school age but have not attained the age of 19,

(b) training suitable to the requirements of such persons,

(c) organised leisure-time occupation connected with such education, and

(d) organised leisure-time occupation connected with such training.

(2) Facilities are proper if they are—

(a) of a quantity sufficient to meet the reasonable needs of individuals, ...

(b) of a quality adequate to meet those needs and

(c) sufficient to satisfy the entitlements conferred under section 33F

(3) In performing the duty imposed on them by subsection (1) the Welsh Ministers must—

(a) take account of the places where facilities are provided, the character of facilities and the way they are equipped;

(b) take account of the different abilities and aptitudes of different persons;

(c) take account of the education and training required in different sectors of employment for employees and potential employees;

(cc) take account of the education and training that is required in order to ensure that employees and potential employees are available who are able to deliver additional learning provision in Welsh;

(cd) take account of the education and training that is required in order to ensure that facilities are available for assessing through the medium of Welsh whether persons have additional learning needs;

(d) take account of facilities whose provision the Welsh Ministers think might reasonably be secured by other persons;

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(5) For the purposes of this section—

(a) education includes both full-time and part-time education;

(b) training includes both full-time and part-time training;

(c) training includes vocational, social, physical and recreational training;

(d) higher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.

Section 32 Education and training for persons over 19.

(1) The Welsh Ministers must secure the provision of reasonable facilities for—

(a) education (other than higher education) suitable to the requirements of persons who have attained the age of 19,

(b) training suitable to the requirements of such persons,

(c) organised leisure-time occupation connected with such education, and

(d) organised leisure-time occupation connected with such training.

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(3) In performing the duty imposed on them by subsection (1) the Welsh Ministers must—

(a) take account of the places where facilities are provided, the character of facilities and the way they are equipped;

(b) take account of the different abilities and aptitudes of different persons;

(c) take account of the education and training required in different sectors of employment for employees and potential employees;

(cc) take account of the education and training that is required in order to ensure that employees and potential employees are available who are able to deliver additional learning provision in Welsh;

(cd) take account of the education and training that is required in order to ensure that facilities are available for assessing through the medium of Welsh whether persons have additional learning needs;

(d) take account of facilities whose provision the Welsh Ministers think might reasonably be secured by other persons;

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(5) For the purposes of this section—

(a) education includes both full-time and part-time education;

(b) training includes both full-time and part-time training;

(c) training includes vocational, social, physical and recreational training;

(d) higher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.

(6) References in this Part to post-16 education are to—

(a) education falling within section 31(1)(a) or subsection (1)(a) above, and

(b) organised leisure-time occupation connected with such education.

(7) References in this Part to post-16 training are to—

(a) training falling within section 31(1)(b) or subsection (1)(b) above, and

(b) organised leisure-time occupation connected with such training.

Section 33 Encouragement of education and training.

The Welsh Ministers must—

(a) encourage individuals to undergo post-16 education and training;

(b) encourage employers to participate in the provision of post-16 education and training;

(c) encourage employers to contribute to the costs of post-16 education and training.

Section 33A Formation of local curricula for students aged 16 to 18

(1) The Welsh Ministers must form for the area of each local authority one or more local curricula for students who are above compulsory school age but have not attained the age of nineteen.

(2) Each local curriculum must consist of courses of study each of which—

(a) falls within a category in subsection (3) (the “learning domains”); and

(b) is from time to time selected by the Welsh Ministers to form part of that local curriculum.

(3) The learning domains are—

(a) mathematics, science and technology;

(b) business, administration and law;

(c) services for people;

(d) arts, media, culture and languages;

(e) humanities, social sciences and preparation for life and work.

(4) For the purposes of this section, a course of study falls within a particular learning domain if a direction of the Welsh Ministers so provides.

Section 33B Local curricula: Welsh language

The Welsh Ministers must exercise their functions in relation to local curricula so as to promote access to and availability of courses of study which are taught through the medium of the Welsh language.

Section 33C Areas with more than one local curriculum

(1) This section applies where the Welsh Ministers form more than one local curriculum for the area of a local authority under section 33A.

(2) In relation to each local curriculum, the Welsh Ministers must designate the maintained schools or institutions whose relevant students are to be entitled to elect under section 33E to follow courses of study included within the curriculum.

Section 33D Determination of a pupil's “relevant school or institution”

(1) Where, during the fourth key stage relevant period , a registered pupil of a maintained school requests that the school's head teacher determines the pupil's relevant school or institution, the head teacher must comply with that request. But this is subject to regulations made under subsection (3).

(1A) The relevant period, in relation to a registered pupil of a maintained school, is the period—

(a) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 15, and

(b) ending at the same time as the school year in which the majority of pupils in the pupil’s class cease to be of compulsory school age.

(2) A pupil's relevant school or institution is the maintained school or institution whose governing body is, in the opinion of the head teacher, likely to be responsible for providing (or making arrangements for the provision of) the majority of the pupil's education once he or she has ceased to be of compulsory school age.

(3) Regulations may make provision as to the making of requests and determinations under this section, including in particular provision as to the date or time by which a request or determination is to be made.

(4) This section does not require any person to admit a pupil to a particular school or institution.

Section 33E Pupils' choices of local curriculum courses

(1) A registered pupil of a maintained school has the right to elect to follow, during the period described in subsection (2) (“the entitlement period”), a course or courses of study included within the relevant local curriculum for that pupil. But this is subject to regulations made under subsection (3).

(2) The entitlement period—

(a) begins on the first day of the academic year subsequent to the pupil having ceased to be of compulsory school age; and

(b) ends on the day on which he or she attains the age of nineteen.

(3) Regulations may make provision as to the making of elections under this section, including in particular provision—

(a) specifying the maximum number of courses of study of a particular type that a pupil has the right to elect to follow;

(b) identifying points to be allotted to courses of study and preventing a pupil from having the right to elect to follow a combination of courses of study if their aggregate points exceed a specified amount;

(c) as to the period during which elections are to be made.

(4) For the purposes of this section the “relevant local curriculum”, in relation to a pupil, means—

(a) where it has been determined under section 33D that a pupil's “relevant school or institution” is a school—

(i) where the Welsh Ministers have formed under section 33A a single local curriculum for the area of the local authority by which the school is maintained, that local curriculum; or

(ii) where the Welsh Ministers have formed under section 33A more than one local curriculum for the area of the local authority by which the school is maintained, the local curriculum in respect of which the school is designated under section 33C(2);

(b) where it has been determined under section 33D that a pupil's “relevant school or institution” is an institution—

(i) where the Welsh Ministers have formed under section 33A a single local curriculum for the local authority area in which the institution is situated, that local curriculum; or

(ii) where the Welsh Ministers have formed under section 33A more than one local curriculum for the local authority area in which the institution is situated, the local curriculum in respect of which the institution is designated under section 33C(2).

Section 33F Students' local curriculum entitlements

(1) During the entitlement period, a student who has made an election under section 33E(1) is entitled to follow the elected course of study unless—

(a) the governing body of the student's relevant school or institution was not at the beginning of the entitlement period, or subsequently ceases to be, responsible for providing (or making arrangements for the provision of) the majority of the student's education; or

(b) before the beginning of the entitlement period, the head teacher or principal of the student's relevant school or institution has decided under section 33G that the student is not entitled to follow the course of study.

(2) Where a person is entitled to follow a course of study, it is for the head teacher or principal of the relevant school or institution to decide upon which date during the entitlement period the course is to begin.