Group 18: Technical and consequential amendments (Amendments 70, 71, 72, 73, 74, 75, 77)

Part of the debate – in the Senedd at 7:04 pm on 21 June 2022.

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Photo of Jeremy Miles Jeremy Miles Labour 7:04, 21 June 2022

Diolch, Llywydd. All the amendments in this group are concerned with consequential changes to existing legislation that are needed due to establishment of the commission and the introduction of the register of tertiary education providers.

Amendment 70 makes consequential amendments to section 8(4) of the Employment and Training Act 1973 to adjust the scope of education providers falling within the Welsh Ministers' duty to secure the provision of career services for school pupils and further education college students. An amendment is necessary to ensure that tertiary education providers registered with the commission for the purpose of higher education, with the exception of institutions in the further education sector, are excluded from the duty. This aligns with the exclusion of institutions within the higher education sector at present. The Welsh Ministers' duty to provide careers services will continue to apply in relation to students at further education institutions and schools, even if the further education institution is registered for the purpose of providing higher education.

Amendment 71 makes consequential amendments to section 43(5) of the Education (No. 2) Act 1986 to ensure that the duty to secure freedom of speech applies to universities, further education institutions and any other tertiary education provider registered with the commission for the purpose of providing higher education. This amendment is necessary to ensure that all tertiary education providers registering with the commission for the purpose of higher education are subject to the duty to secure freedom of speech in addition to universities in Wales and institutions within the further education sector in Wales.

Amendment 72 makes consequential changes to the definition of an institution within the higher education sector in Wales under section 91(5) of the Further and Higher Education Act 1992. Currently the definition relies on references to universities receiving financial support from HEFCW and universities that are regulated institutions under the Higher Education (Wales) Act 2015. The Bill repeals both HEFCW’s funding power and the 2015 Act. The amendment ensures that the definition captures tertiary education providers registered in a category of the register that confers eligibility for funding from the commission for the purposes of higher education or research or innovation. The amendment excludes institutions within the further education sector and schools from the definition.

Amendment 73 makes consequential amendments to Schedule 2A to the Care Standards Act 2000, ensuring that registered providers eligible for receipt of funding from the commission for the purposes of higher education or research or innovation fall within the scope of the Children’s Commissioner for Wales functions under section 72B of the Care Standards Act 2000. The amendment enables the Children’s Commissioner for Wales to review the effect of the exercise, or proposed exercise, of any functions of such providers on children ordinarily resident in Wales.

Amendment 74 makes consequential alterations to Schedules 2 and 3 to the Commissioner for Older People (Wales) Act 2006, ensuring the commissioner for older people may determine whether registered providers eligible to receive funding from the commission for the purposes of higher education or research or innovation are effective in safeguarding and promoting the interests of relevant older people in Wales.

Amendment 75 makes consequential alterations to Schedule 4 to the Safeguarding Vulnerable Groups Act 2006, specifying that inspections conducted by the chief inspector under the Bill will be considered a regulated activity related to children for the purposes of the 2006 Act. This will ensure the continued status of these inspections as regulated activities relating to children in light of the Bill repealing relevant functions under Part 4 of the Learning and Skills Act 2000.

Amendment 77 makes consequential alterations to section 162 of the Social Services and Well-being (Wales) Act 2014, which provides that a local authority must make arrangements to promote co-operation between the local authority, each of the authority’s relevant partners and other bodies who are engaged in activities relevant to adults in need of care and support. The amendment ensures that the commission is defined as a relevant partner to the extent the commission is exercising its functions under sections 92, 93, 94, 96 or 102(1) of the Bill. This amendment also ensures that the Welsh Ministers are defined as a relevant partner to the extent they are exercising their functions under sections 91, 96 or 102(1) of the Bill. This amendment is necessary due to the repeal of the Welsh Ministers' powers to fund further education under Part 2 of the Learning and Skills Act 2000. I call on Members to support all of the amendments in this group.