Commentary Part 10: General Section 178: Framework power relating to Wales
696.The purpose of this section has its foundation in the principles set out in the Wales Office's White Paper: Better Governance for Wales (Cm 6582), which was presented to Parliament on 15th June 2005. The White Paper contains the Government's proposals for developing the devolution settlement in Wales. It confirms that the Government intends immediately in drafting primary legislation relating to Wales "..to delegate to the Assembly maximum discretion in making its own provisions using secondary legislative powers" (see paragraph 1.24).
697.This section permits the National Assembly for Wales to make regulations applying to Wales in respect of: categories of maintained school; establishment, discontinuance and alteration of maintained schools; school admissions; the curriculum in maintained schools; attendance, discipline and exclusion; entitlement to education and training, and services to encourage, support or assist young people with regards to education and training; travel of persons receiving education and training; and food and drink provided for children.
698.Subsection (1) (a) to (j) permits the National Assembly for Wales to make regulations for a range of matters which are relevant to education and training in Wales. The scope of the powers is broad to allow the Assembly to determine arrangements that are most relevant to its policies and plans for education and training in Wales.
699.Subsection (1)(a) and (b) permits the Assembly to make provision about the organisation of maintained schools and subsection (1)(c) permits the Assembly to make provision about the admission of pupils to maintained schools.
700.Subsection (1)(d) permits the Assembly to make provision about the curriculum in maintained schools.
701.Subsection (1)(e) and (f) permits the Assembly to make provision about a range of matters relating to school attendance, discipline and behaviour and putting in place educational provision for excluded pupils.
702.Subsection (1)(g) permits the Assembly to make provision about entitlement to education and training and subsection (1)(h) permits provision to be made for services to encourage people to participate effectively in education and training, take advantage of employment opportunities and participate effectively in their communities.
703.Subsection (1)(i) permits the Assembly to make provision about travel for persons receiving primary, secondary, or further education or training, to and from schools or other places where they receive education or training.
704.Subsection (1)(j) permits the Assembly to make provision about food and drink consumed by children in schools and day care.
705.Subsection (4) establishes that regulations made by the National Assembly for Wales under this Section may include any provision that could be made by an Act of Parliament. Subsection (5) ensures that the provision made by the regulations could include the amendment or repeal of provisions of the Act relating to Wales.