75.Section 31sets out the duty of the CETW to secure the provision of ‘proper’ facilities for the education and training of people from 16 up to the age of 19. Facilities are ‘proper’ if they are of sufficient quantity and adequate quality to meet the reasonable needs of young people. The CETW must make best use of its resources and, in particular, avoid provision that might give rise to disproportionate expenditure. Provision is not to be considered as giving rise to disproportionate expenditure solely because it is more expensive than comparable provision, for example, special provision for people with learning difficulties. Section 32 sets out the duty of the CETW to secure the provision of ‘reasonable’ facilities for the education and training of people 19 and over. Facilities are ‘reasonable’ if they are of a quality and quantity which the CETW can reasonably be expected to provide taking account of the resources available to it. The effect of wording of sections 31 and 32 on the exercise of these two duties is that the CETW will give priority to meeting the learning and skills needs of the younger age group. The duties do not extend to the provision of higher education which is the responsibility of the Higher Education Funding Council for Wales.
76.In performing the duties in respect of both age groups the Council must take into account a number of factors, including the education and training required in different sectors of employment. It must also bear in mind that other bodies, both statutory and private, also provide education and training and therefore that it might reasonably expect education and training to be secured by other bodies without drawing on the Council’s resources. The Council must also make best use of its resources and in particular avoid provision which might give rise to disproportionate expenditure (for explanation of “disproportionate expenditure” see the explanation of the equivalent provision for the LSC in sections 2 and 3).
77.Unlike the duties of the FEFCW under the Further and Higher Education Act 1992, no distinction is drawn between full- and part-time education in the education and training provision which the CETW must secure for the two age groups. Nor is there a limitation on the education which may be secured by reference to a particular type of course. The CETW will secure provision of education and training in school sixth forms (through funding LEAs from 2001-02, see section 36), in FE colleges, and in work-based training on the premises of employers, and with private training providers and voluntary organisations. The reference to ‘organised leisure-time occupation’, which is included in the definition of further education in section 2 of the Education Act 1996, covers a wide range of organised activities offering opportunities for non-formal types of learning and which do not necessarily lead to a qualification.
78.Section 33 sets out the CETW’s duty to promote participation of individuals in post-16 education and training and to encourage employers to become involved in its support and delivery.
Commentary on Sections Sections 30 to 49 and Schedules 4 and 5 Sections 31 to 33: the CETW’s main duties