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letter

annex 2

THE RICHARD COMMISSION

ANNEX 1 - Summary of powers

There are numerous powers, which might, potentially, be used to implement Assembly policies. Some are narrow, are concerned with matters of detail. Others are much wider. Some of the more important powers are listed below:
The Education (No. 2) Act 1986
 
Power, by regulations, to make provision for payment of grants to persons other than LEAs to facilitate and encourage the training of teachers and other persons specified in the Regulations (s.50).
Education Reform Act 1988
 
Power, by regulations, to provide for the payment of grant to promote and facilitate education of gypsies/travellers at institutions within the FE sector.
Further and Higher Education Act 1992
 
Power, by regulations, to make provision for the constitution of FE Corporations and the conduct of their institutions (s.22).
 
Powers of intervention where affairs of FE Institutions are being mismanaged etc. (s.57).
Education Act 1996
 
Duty to promote education of people of Wales (s.10).
 
Powers to require LEAs to provide information (s.29).
 
Power to make regulation prescribing requirements to be met by independent schools catering for pupils with special educational needs (s.347).
 
Power to issue guidance which must be taken into account by schools in teaching sex education (s.403).
 
Power, by regulations, to require governing bodies and LEAs to provide information about the curriculum, education provision, syllabuses, certain educational achievements etc. in maintained schools (s.408).
 
Power to pay grant to LEAs in respect of expenditure prescribed in regulations, being expenditure for or in connection with educational purposes which appears to the Assembly that LEAs in Wales should be encouraged to incur in the interests of education in Wales (s.484).
 
Wide powers enabling the Assembly to secure proper performance of LEA’s functions (ss.497A and 397B).
 
Power to direct local inquiries for the purpose of the exercise of any of the Assembly’s functions under the Education Acts (s.507).
 
Power to make regulations providing for grants to defray expenses of engaging in school activities and grants, scholarships, exhibitions, bursaries and allowances in respect of persons over compulsory school age to enable persons to take advantage of educational facilities available to them (s.518).
 
Power to issue guidance concerning the content of plans to be prepared by LEAs in respect of children with behavioural difficulties which LEAs must take into account in preparing their plans (s.527A).
 
Power, by regulations, to require provisions/publication of information relating to schools (s.537).
 
Power, by regulations, to provide for publication or provision of individual pupil information (s.537A).
 
Power, by regulations, to specify duration of school day and school year (s.551).
Education Act 1997
 
Power to require careers education to be provided within FE sector (s.46).
Teaching and Higher Education Act 1998
 
Power to make regulations providing for school teachers to serve an induction period (s.19).
School Standards and Framework Act 1998
 
Power, by regulations, to impose a limit on infant class size (s.1).
 
Power to make regulations about the content of LEA education development plans which require Assembly approval (s.6).
 
Power, by regulations, to specify matters which school organisation plans must deal and to make regulations specifying the procedure to be followed by the LEA in connection with the preparation and adoption of their plans (s.26).
 
Powers to approve school reorganisation proposals and powers to direct publication of such proposals (Part II Chapter II).
 
Power, by regulations, to provide for school attendance targets (s.63).
 
Various powers to regulate school admissions including the function of issuing a Code of Practice which all those concerned in the admissions process must take into account in exercising their functions (Part III).
 
Power to make regulations prescribing nutritional standards for school meals (s.114).
 
Power to make regulations specifying the minimum age to which the LEA’s duty to secure provision of nursery education applies (s.118).
 
Power to make regulations regulating procedure for preparation/approval of early years and child care plans, and to issue guidance on the constitution of early years and child care partnerships (ss.119-121).
 
Duty to issue a Code of Practice containing practical guidance for securing effective relationships between LEAs and schools maintained by them in relation to promoting high standards of education and in relation to the discharge of relevant functions of the LEAs in relation to such schools (s.127).
Learning and Skills Act 2000
 
Various controls enabling the Assembly to control and influence the way in which NCETW carries out its functions (see, in particular, ss.43-44, 47 and 49).
 
Power, by direction, to require LEAs to establish youth support services, taking into account Assembly Guidance (s.123).("Youth support services" is defined as "services which in the opinion of the National Assembly will encourage, enable or assist young persons (directly or indirectly… to participate effectively in education or training,… to take advantage of opportunities for employment, or… to participate effectively and responsibly in the life of their communities";)
Education Act 2002
 
Power to suspend or relax statutory requirements under the Education Acts in relation to LEAs and schools (s.2).
 
Power to exempt high performing schools from curriculum and (subject to consent of DFES) teacher pay/conditions provisions (s.7).
 
Very wide powers to provide financial assistance for purposes related to education and child care (ss.14-17).
 
Very wide powers to make provision for the constitution of school governing bodies and the conduct of schools (Part III).
 
Very wide powers to make provision for appointment, discipline, suspension and dismissal of school teachers and other staff (ss.35-37).
 
Very wide powers in relation to the basic and National Curriculum in Wales (Part VII).
 
Power to make provision in regulations for the appraisal of school teachers (s.31).
 
Power to make regulations specifying the requirements to be satisfied for a person to be a "qualified teacher" (s.132).
 
Power to make regulations specifying work which may only be carried out by a qualified teacher, subject to exceptions specified in the regulations (s.133).
 
Power to make regulations as to qualifications head teachers are required to possess (s.135).
 
Power to make regulations providing for persons providing education at FE institutions to possess specified qualifications (s.136).
 
Power to make regulations providing for principals of FE institutions to possess specified qualifications.
 
Power to make regulations prohibiting FE or HE institutions from providing a course of HE without Assembly approval, for the Assembly to determine the number of persons who may undertake such a course and for enabling the Assembly to determine the number of persons in different categories who may undertake such a course.
 
Power to make regulations about health and fitness of persons employed at schools or FE institutions.
 
Concurrent powers with Secretary of State to prohibit persons from teaching on various grounds (s.142).
 
Wide powers to regulate independent schools (Part X).
 
Powers to provide in regulations for the payment of education maintenance allowances in respect of specified persons over compulsory school age undertaking educational training of a description specified in the regulations (ss.181-185).
 
Wide powers to require regional provision to be made for pupils with special educational needs, including the establishment of regional schools (ss.191-194).
 
A new Special Educational Needs Tribunal for Wales (s.195).
 
Very wide powers to require schools to provide information (including Value Added).
 
Powers, by regulations, to require LEAs and governing bodies of maintained schools to enter into partnership agreements.
 
Powers to require secondary schools and their feeder primaries to jointly draw up plans to facilitate the transition from the primary to the secondary phase (s.198).
 
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