National Assembly for Wales
Proposed National Assembly for Wales (Legislative Competence) Order 2007(Relating to Additional Learning Needs)
View the LCO as laid on 11 June 2007 (PDF document)
Text of proposed LCO:
In accordance with section 95(5) of the Government of Wales Act 2006(a) a draft of this order has been laid before the National Assembly for Wales and Parliament and approved by the Assembly and each House of Parliament.
Accordingly, Her Majesty, in pursuance of section 95(1) of the Government of Wales Act 2006, is pleased, by and with the advice of Her Privy Council, to order as follows:-
Citation and commencement
1. This Order may be cited as the National Assembly for Wales (Legislative Competence) Order 2007 and it comes into force on the day after the day on which it is made.
Amendments to Schedule 5 to the Government of Wales Act 2006
2.—(1)Field 5 (education) of Part 1 of Schedule 5 to the Government of Wales Act 2006 is amended in accordance with this article.
(2) After matter 5.16 insert—
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 travel arrangements for persons receiving education or training to and from the places where they receive it.
(a) (c.32).
Clerk to the Privy Council
EXPLANATORY NOTE
(This note is not part of the Order)
This order amends Schedule 5 to the Government of Wales Act 2006 (“the 2006 Act”). The effect of the order is to extend the legislative competence of the National Assembly of Wales to make new laws for Wales by Measure under section 93 of the 2006 Act.
Article 2 inserts a new matter 5.17 into field 5 of Part 1 of Schedule 5 to the 2006 Act. The new matter is about education and training for persons with learning difficulties and persons with disabilities. Any provision of an Assembly Measure relating to the new matter 5.17 will be within the legislative competence of the Assembly by virtue of the terms of that matter and section 94(4) of the 2006 Act.
Express provision is made in the new matter 5.17 to exclude travel arrangements for persons receiving education or training to and from the places where they receive it. The purpose of this provision is ensure that the legislative competence of the Assembly to make provision about education related travel arrangements does not extend beyond the terms of matter 5.10 in Part 1 of Schedule 5 to the 2006 Act.
