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Statutory Instruments made by the National Assembly for Wales


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URL: http://www.bailii.org/wales/legis/num_reg/2010/wsi_20100637_en_1.html

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The Assembly Learning Grant (Further Education) (Amendment) Regulations 2010

Made

7 March 2010

Laid before the National Assembly for Wales

9 March 2010

Coming into force

1 April 2010

The Welsh Ministers, in exercise of the powers conferred upon the Secretary of State by sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 1998(1) and now exercisable by them(2), make the following Regulations:

Title, commencement and application

1.–(1) The title of these Regulations is the Assembly Learning Grant (Further Education) (Amendment) Regulations 2010.

(2) These Regulations come into force on 1 April 2010 and apply in relation to Wales.

Amendment of the Assembly Learning Grant (Further Education) Regulations 2008

2. The Assembly Learning Grant (Further Education) Regulations 2008(3) are amended in accordance with the following regulation.

3. In regulation 2, for paragraph (b) of the definition of "designated course", substitute–

"(b) which is funded by–

(i) the Welsh Assembly Government;

(ii) the Learning and Skills Council under the Learning and Skills Act 2000(4);

(iii) the Young People´s Learning Agency for England under the Apprenticeships, Skills, Children and Learning Act 2009(5);

(iv) the Chief Executive of Skills Funding under the Apprenticeships, Skills, Children and Learning Act 2009; or

(v) a public authority responsible for the funding of education (other than higher education) and training suitable to the requirements of persons aged 19 or over under the law of Scotland or Northern Ireland;".

Amendment of the Assembly Learning Grant (Further Education) Regulations 2009

4. The Assembly Learning Grant (Further Education) Regulations 2009(6) are amended in accordance with the following regulation.

5. In regulation 2, for paragraph (b) of the definition of "designated course", substitute–

"(b) which is funded by–

(i) the Welsh Assembly Government;

(ii) the Learning and Skills Council under the Learning and Skills Act 2000(7);

(iii) the Young People´s Learning Agency for England under the Apprenticeships, Skills, Children and Learning Act 2009(8);

(iv) the Chief Executive of Skills Funding under the Apprenticeships, Skills, Children and Learning Act 2009; or

(v) a public authority responsible for the funding of education (other than higher education) and training suitable to the requirements of persons aged 19 or over under the law of Scotland or Northern Ireland;".

Leighton Andrews

Minister for Children, Education and Lifelong Learning, one of the Welsh Ministers

7 March 2010

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Assembly Learning Grant (Further Education) Regulations 2008 ("the 2008 Regulations") and the Assembly Learning Grant (Further Education) Regulations 2009 ("the 2009 Regulations").

The 2008 Regulations and the 2009 Regulations provide for the payment of a grant to eligible students taking designated further education courses during the academic years beginning on or after 1 September 2008 and on or after 1 September 2009 respectively. Designated courses as defined in those regulations include courses funded by the Learning and Skills Council for England.

The Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) makes provision for the Learning and Skills Council for England to be dissolved and for the establishment of the Young Person´s Learning Agency for England and the Chief Executive of Skills Funding to fund further education courses in England.

These Regulations amend the 2008 Regulations and the 2009 Regulations to make provision for the designated courses defined in those regulations to include courses funded by the Young People´s Learning Agency for England and by the Chief Executive of Skills Funding.

A Regulatory Impact Assessment has not been prepared for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies. The impact on the public sector is minimal.

(1)

1998 c. 30; section 22 was amended by the Learning and Skills Act 2000 (c. 21), sections 146, 153 and Schedule 11, the Income Tax (Earnings and Pensions) Act 2003 (c. 1), section 722 and Schedule 6, the Finance Act 2003 (c. 14), section 147 and the Higher Education Act 2004 (c. 8), sections 42, 43, 50 and Schedule 7. Section 42 and section 43 were amended by the Education Act 2002 (c. 32), section 148 and Schedule 12 and the Higher Education Act 2004 (c. 8) section 49 and Schedule 6. Back [1]

(2)

The functions of the Secretary of State under section 22 of the Teaching and Higher Education Act 1998 (except so far as they relate to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (f) or (5) of section 22) were transferred to the National Assembly for Wales by section 44 of the Higher Education Act 2004 and the Higher Education Act 2004 (Commencement No. 2 and Transitional Provision) (Wales) Order 2005 (S.I. 2005/1833 (W.149) (C.79)) as amended by the Higher Education Act 2004 (Commencement No. 2 and Transitional Provision) (Wales) (Amendment) Order 2006 (S.I. 2006/1660 (W.159) (C.56)) refers. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraphs 30(1) and 30(2)(a) of Schedule 11 to the Government of Wales Act 2006 (c. 32). Back [2]

(3)

S.I. 2008/538 (W.51). Back [3]

(6)

S.I. 2009/2158 (W.182). Back [6]



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