84.Section 40 sets out the role of the CETW in relation to information provision and research. The CETW has a power to carry out research and to provide the National Assembly with information regarding any of its functions as it sees fit. The section also gives the CETW two duties - to provide the National Assembly with information or advice on request, and to establish systems for collecting information to help inform the quality of its decisions about post-16 education and training.
85.The section also gives the CETW a power to secure the provision of facilities for providing information, advice and guidance about education, training and connected matters, including employment.
86.Section 41 requires the CETW to pay particular regard to the needs of people with learning difficulties when performing its duties to secure facilities for education and training under sections 31 and 32, when providing resources for education and training under section 34(1)(a) to (d), and when exercising its power to secure facilities for work experience under section 34(1)(g). In particular, the CETW must have regard to a report of an assessment of a person’s needs made under section 140. Learning difficulties are defined at section 41(5). This definition is derived from provisions for further education in section 4 of the Further and Higher Education Act 1992 which is repealed by this Act.
87.Section 41 also describes the CETW’s main responsibilities regarding the funding of boarding accommodation for those with learning difficulties. For those between the ages of 16 and 19, the CETW must provide boarding accommodation where it is satisfied that it cannot make arrangements for an individual which are sufficient in quantity and adequate in quality unless it also secures boarding accommodation. For those between the ages of 19 and 25, the LSC must provide boarding accommodation where it is satisfied that it cannot secure the provision of reasonable facilities for individuals unless it also secures boarding accommodation. For those over the age of 25, the CETW has a power to make such arrangements if it is satisfied that without it, provision for an individual learner would not otherwise be reasonable. Those provisions should be read alongside the CETWs main duties at clauses 31 and 32.
88.Section 42 requires the CETW to have due regard to the need to promote equality of opportunity between people from different racial groups, between men and women, and between people with a disability and people without. It must make an annual report on what arrangements for this it has made during the year, how effective they were and its plans for the following year. It must send a copy of the report to the National Assembly.
89.Sections 43and 44 set out the planning the CETW is required to undertake. Two separate types of plan will be prepared: an annual business plan and a three-year rolling strategic (corporate) plan. Its annual business plan must include any measures the CETW intends to take to meet objectives the National Assembly may set, and its financial plans for the year. The CETW’s three-year plan will set out its strategy for the future development of activities and provision funded by the CETW. This will include its strategy for workforce development. The National Assembly must approve any plans it receives or require the CETW to make specified alterations to them. The CETW is under a duty to make the alterations required. The Council must publish the plans as approved or modified at such time and in such manner as the National Assembly thinks fit. The CETW may also make and publish such other plans as it thinks fit, but these must not conflict with the plans approved by the National Assembly.
90.Section 45 provides for the CETW to have regard to any information received from a body designated by the National Assembly. This might include, for instance, Awdurdod Cymhwysterau, Cwricwlwm ac Asesu Cymru (ACCAC, the Qualifications and Curriculum Authority for Wales) which holds information on the nature and availability of accredited provision in particular areas and on issues of financial propriety connected with this provision. This information is likely to be relevant to the activities of the CETW.
91.Section 46 gives the CETW additional general powers which it may exercise to enable it to perform its other functions. The provisions in this section are similar to those in section 18. The CETW may not borrow or lend money, or subscribe for or otherwise acquire shares or securities of a company without the consent of the National Assembly. The section also enables the National Assembly to confer, by order, additional functions relevant to education or training in Wales on the CETW.
Commentary on Sections Sections 30 to 49 and Schedules 4 and 5 Sections 40 to 44: the CETW’s other functions