Cynulliad Cenedlaethol Cymru

Assembly powers tracking notes

Field 5: Education and training

(P) This indicates the Matter (or group of Matters) has been proposed but is not yet in force.

Matters 5.1 - 5.10                     source: The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 and The National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008
Matter 5.4A (P) source: The Education and Skills Bill
Matters 5.11 - 5.16 source: The Further Education and Training Act 2007 and The Education and Skills Bill
Matter 5.17 source: The National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008
Matter 5.18 (P) source: The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008

See also: Schedule 5 to the Government of Wales Act 2006 (as amended)

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Matters 5.1 - 5.10


Matter 5.1

Provision about the categories of school that may be maintained by local education authorities.

Matter 5.2

Provision about the establishment and discontinuance of schools maintained by local education authorities, their change from one category to another and their alteration in other respects.

Matter 5.3

Provision about the admission of pupils to schools maintained by local education authorities.

Matter 5.4

Provision about the curriculum in schools maintained by local education authorities.

Matter 5.5

Provision about school attendance, the behaviour of pupils at school, school discipline and the exclusion of pupils from school (including the duties of parents in connection with those matters).

Matter 5.6

Provision about the making of arrangements for the provision of education for persons of compulsory school age who have been excluded from schools or who for any other reason would not otherwise receive suitable education.

Matter 5.7

Provision about entitlement to primary, secondary and further education and to training.

Matter 5.8

Provision about the provision of services that are intended to encourage, enable or assist people -

(a) to participate effectively in education or training,

(b) to take advantage of opportunities for employment, or

(c) to participate effectively in the life of their communities.

Matter 5.9

Provision about food and drink provided on school premises or provided for children at a place where they receive education or childcare.

Matter 5.10

Arrangements for persons to travel to and from the places where they receive education or training.

This matter applies to -

(a) persons receiving nursery, primary, secondary or further education or training;

(b) persons described in matter 5.17 receiving higher education.

Excepted matters relating to Matter 5.10

This Matter does not include provision about any of the following -

(a) the regulation of the use of motor vehicles on roads, their construction and equipment and conditions under which they may be so used;

(b) road traffic offences;

(c) driver licensing;

(d) driving instruction;

(e) insurance of motor vehicles;

(f) drivers’ hours;

(g) traffic regulation on special roads, pedestrian crossings, traffic signs and speed limits;

(h) public service vehicle operator licensing;

(i) the provision and regulation of railway services, apart from financial assistance which -

(i) does not relate to the carriage of goods,

(ii) is not made in connection with a railway administration order, and

(iii) is not made in connection with Council Regulation (EEC) 1191/69 as amended by Council Regulation (EEC) No. 1893/91 on public service obligations in transport;

(j) transport security;

(k) shipping, apart from financial assistance for shipping services to, from or within Wales;

(l) navigational rights and freedoms, apart from regulation of works which may obstruct or endanger navigation;

(m) technical and safety standards of vessels;

(n) harbours, docks, piers and boatslips, apart from those used or required wholly or mainly for communications between places in Wales;

(o) registration of local bus services, and the application and enforcement of traffic regulation conditions in relation to those services.

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Matter 5.4A (P)


Matter 5.4A

The regulation of -

(a) schools that are not maintained by local education authorities;

(b) relevant independent educational institutions.

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Matters 5.11 - 5.16


Matter 5.11

Provision for and in connection with securing the provision of facilities for post-16 education or training.

Matter 5.12

Provision for and in connection with the establishment and dissolution of -

(a) institutions concerned with the provision of further education, and

(b) bodies that conduct such institutions, including the circumstances in which an educational institution becomes or ceases to be an institution concerned with the provision of further education.

Provision about -

(a) the conduct and functions of such institutions and bodies that conduct such institutions;

(b) the property, rights and liabilities of such institutions and bodies that conduct such institutions;

(c) property held by any person for the purposes of such an institution;

(d) the governance and staff of such institutions.

Matter 5.13

Provision for and in connection with securing collaboration -

(a) between bodies that conduct institutions concerned with the provision of further education, or

(b) between one or more such bodies and other persons or bodies that have functions relating to education or training in Wales, including, in particular, provision for and in connection with the establishment of bodies for the purpose of discharging functions on behalf of one or more persons or bodies that are party to arrangements for collaboration.

Matter 5.14

The provision of financial resources for and in connection with -

(a) education or training provided by institutions concerned with the provision of further education;

(b) post-16 education or training provided otherwise than by such institutions;

(c) the carrying out of research relating to education or training falling within paragraph (a) or (b).

Matter 5.15

The inspection of -

(a) education or training provided by institutions concerned with the provision of further education;

(b) post-16 education or training provided otherwise than by such institutions;

(c) the training of teachers and specialist teaching assistants for schools;

(d) services of the kinds mentioned in matter 5.8.


Clause 133 of the Education and Skills Bill (latest version) proposes to add:

after “The inspection of -” insert -

(za) schools;

(zb) relevant independent educational institutions;

for paragraph (b) substitute -

(b) pre-16 education or training, or post-16 education or training, provided otherwise than by institutions within paragraphs (za) to (a);

Matter 5.16

The provision of advice and information in connection with, and the carrying out of studies in relation to, any of the kinds of education, training or services mentioned in matter 5.15.


Clause 133 of the Education and Skills Bill (latest version) proposes to add:

for “, any of the kinds of education, training or services mentioned in matter 5.15.” substitute -

(a) pre-16 education or training;

(b) post-16 education or training;

(c) the training of teachers and specialist teaching assistants for schools;

d) services of the kinds mentioned in matter 5.8.

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Matter 5.17


Matter 5.17

Education and training for -

(a) persons who have a greater difficulty in learning than the majority of persons of the same age as those persons;

(b) persons who have a disability.

A person has a disability for the purposes of this matter if that person has a physical or mental impairment.

This matter does not include arrangements for persons to travel to and from the places where they receive education or training.

Excepted matters relating to Matter 5.17

The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 proposes to add excepted matters' tables to Schedule 5, which include the following exceptions relating to Matter 5.17 -

the regulation of the use of motor vehicles on roads, their construction and equipment and conditions under which they may be so used;

road traffic offences;

driver licensing;

driving instruction;

insurance of motor vehicles;

drivers’ hours;

traffic regulation on special roads, pedestrian crossings, traffic signs (apart from the placing and maintenance of traffic signs within the meaning of section 177 of the Transport Act 2000) and speed limits;

public service vehicle operator licensing;

the provision and regulation of railway services, apart from financial assistance which -

i. does not relate to the carriage of goods,

ii. is not made in connection with a railway administration order, and

iii. is not made in connection with Council Regulation (EEC) 1191/69 as amended by Council Regulation (EEC) No. 1893/91 on public service obligations in transport;

transport security;

shipping, apart from financial assistance for shipping services to, from or within Wales;

navigational rights and freedoms, apart from regulation of works which may obstruct or endanger navigation;

technical and safety standards of vessels;

harbours, docks, piers and boatslips, apart from those used or required wholly or mainly for communications between places in Wales;

registration of local bus services, and the application and enforcement of traffic regulation conditions in relation to those services.

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Matter 5.18 (P)


Matter 5.18

The provision of any of the following for children or young persons -

(a) facilities for social or physical training;

(b) educational activities.

In this matter “children” and “young persons” have the same meaning as in field 15.

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