REGULATORY APPRAISAL EDUCATION, WALES GOVERNMENT OF FURTHER EDUCATION CORPORATIONS (REVOCATION) (WALES) REGULATIONS 2006 Purpose and intended effect of the measure 1. These Regulations will revoke: • The Coleg Menai (Government) Regulations 1994 (S.I. 1994/1450); • The Education (Government of Further Education Corporations) (Former Sixth Form Colleges) Regulations 1992 (S.I. 1992/1957); and • The Education (Government of Further Education Corporations) (Former Further Education Colleges) Regulations 1992 (S.I. 1992/1963). 2. The listed Regulations are being revoked as a new set of Instrument and Articles of Government for Further Education Corporations in Wales has been prepared, following a consultation, at the request of the Further Education sector. The new Instrument and Articles will be given effect by The Further Education Corporations (Replacement of Instruments and Articles of Government) (Wales) Order 2006 to be made under Standing Order 29. The purpose of the revision is to consolidate previous modifications, aid transparency, reflect good practice in governance and take account of legislative changes. The revision of the Instruments and Articles by the associated Order will provide an updated standard set of Instrument and Articles of Government for all FE Corporations in Wales. The intention is that the new Instrument and Articles will come into force on 6 April 2006 for all FE Corporations in Wales. Risk Assessment 3. The purpose of the legislation is not about addressing risks or hazards. The probability of any significant risk or harm arising as a result of this legislation proceeding or not is likely to be minimal. 4. If the target dates are not met the associated Order making the new Instruments and Articles would also be delayed. It is likely that any significant delay to the associated Order would not be appreciated by the Further Education Corporations to whom the new Instruments and Articles would apply as they are keen that the new Instrument and Articles should come into effect in April. 5. These Regulations will not have any effect beyond revocation of the above named Regulations. 1 Options Option 1: Do Nothing 6. The following Regulations will remain on the statue book: • The Coleg Menai (Government) Regulations 1994 (S.I. 1994/1450); • The Education (Government of Further Education Corporations) (Former Sixth Form Colleges) Regulations 1992 (S.I. 1992/1957); and • The Education (Government of Further Education Corporations) (Former Further Education Colleges) Regulations 1992 (S.I. 1992/1963). This may cause confusion when The Further Education Corporations (Replacement of Instruments and Articles of Government) (Wales) Order 2006 is published. Option 2: Make the Legislation 7. This will remove previous versions of Instrument and Articles from the statute book, making it clear which Instrument and Articles now apply in Wales. This will make it clear that only the most recent version (to be published in The Further Education Corporations (Replacement of Instruments and Articles of Government) (Wales) Order 2006) applies. Benefits 8. The benefits are that this Order will remove Statutory Instruments that will be made redundant when The Further Education Corporations (Replacement of Instrument and Articles of Government) (Wales) Order 2006 is made. Costs 9. It is not anticipated that there will be any additional costs arising for the Assembly, Local Authorities or to Further Education Corporations in Wales from the implementation of this Order. Competition Assessment 10. The competition filter was applied and no effects were identified. Consultation With Stakeholders 11. A formal public consultation on the draft Instrument and Articles mergers was carried out between 5 September 2005 and 31 October 2005. The consultation document was sent to all Further Education Corporations in Wales, The National Council for Education and Training for Wales (ELWa), Community Consortia for Education and Training (CCETs) and teaching unions and professional organizations. A list of consultees is attached at Annex 1. Most respondents welcomed the review and amalgamation of previous documents (i.e. The Coleg Menai (Government) Regulations 1994 (S.I. 1994/1450), The Education (Government of Further Education Corporations) (Former Sixth 2 Form Colleges) Regulations 1992 (S.I. 1992/1957) and The Education (Government of Further Education Corporations) (Former Further Education Colleges) Regulations 1992 (S.I. 1992/1963)) into one. As a result of comments received, a number of changes were made to the draft document, including removing the requirement to have an academic board, substantially revising the suspension/dismissal and grievance procedures to reflect the concerns of respondents and increasing the clarity of definitions. The responses were analysed and a report summarising the key issues is being produced and was published on 3 February 2006 and can be found at www.learning.wales.gov.uk. A list of respondents to the consultation is attached at Annex 2. 12. Further informal consultation has taken place with fforwm, the representative body for FEIs in Wales This was carried out by email and telephone and was to ensure that officials understood the concerns of respondents and that these concerns were addressed fully. With Subject Committee 13. These Regulations were notified to the Education and Lifelong Learning Committee, via the list of forthcoming legislation on 30 November 2005 (ELL(2)13-05(p.9), item no. ELL-68-05) and have remained on the list ever since. The Regulations were not identified for detailed scrutiny. Review 14. A review of the effectiveness of the new Instrument and Articles of Government will be for the Welsh Assembly Government’s Education Department to take forward in due course. Summary 15. The aim of these Regulations is to remove redundant Statutory Instruments from the statute book, clarifying governance requirements for Further Education Corporations in Wales. It is not anticipated that there will be any significant compliance costs imposed on external stakeholders. No adverse competition effects are anticipated. 3 Annex 1 List of consultees Mr. Kelvin Jones C/O Heather Ross 69a Bethcar St. Ebbw Vale NP23 6HW Mr. John Bevan C/O Mike Kendall 79 Hookland Rd Porthcawl CF36 5SG Mr. David Hopkins Caerphilly CBC Caerphilly Rd Ystrad Mynach CF82 7EP Mr. Trevor Gough Coleg Glan Hafren Trowbridge Rd Cardiff CF3 1XZ Waterside Business Mary Thomas C/O Spencer Conlon Ty'r Llyn Park Swansea Wendy Edwards C/O Steve Fletcher St. David's House Newtown SY16 1RB St. Asaph Business Peter Levin C/O Ian Williams Unit 6 Park LL17 0LJ St. Asaph Business Huw Evans C/O Ian Williams Unit 6 Park LL17 0LJ St. Asaph Business David Jones C/O Catrin Jones Unit 6 Park LL17 0LJ St. Asaph Business Wil Edmunds C/O Jackie Davies Unit 6 Park LL17 0LJ St. Asaph Business John Clutton C/O Jackie Davies Unit 6 Park LL17 0LJ Harvey Jones Merthyr Tydfil CBC Ty Graig Canal Bank Merthyr Tydfil CF48 1YS Monmouthshire Phil Cooke CBC County Hall Cwmbran NP44 2XN Dr. John C/O Christopher Waterside Business Thomas Williams Ty'r Llyn Park Swansea Viv Davies University of Wales Caerleon Campus Newport William Waterside Business McClean C/O Bernard George Ty'r Llyn Park Swansea Brian Dunlop C/O Tina Hawkins St. David's House Newtown SY16 1RB Mr. Brenig Davies C/O Gary Jones Ty'r Afon Bedwas Rd CF83 8WT Mr. Tim Waterside Business Jones C/O Ian Raybould Ty'r Llyn Park Swansea John Turnder 45 Laburnum Drive New Inn Pontypool NP4 0EY Paul Halstead Barry College Colcot Rd Barry CF62 8YJ St. Asaph Business Paul Croke C/O Andrew Martin Unit 6 Park LL17 0LJ Dafydd St. Asaph Business Whittall C/O Ieuan Ellis Unit 6 Park LL17 0LJ Michael St.David's Catholic Howells College Ty Gwyn Rd Cardiff CF23 5QD C. Cornwell Coleg Llandrillo Llandudno Rd Rhos-on-Sea Colwyn Bay Mike Evans Coleg Sir Gar Heol Sandy Llanelli SA15 4DN Mike Bolas Barry College Colcot Rd Barry CF62 8YJ Ron Davies Coleg Morgannwg Ynys Terrace Pontypridd CF37 5RN Coleg Meirion- Ray Thomas Dwyfor Ffordd Tyn-y-Coed Dolgellau LL40 2SW Vanessa Dodd Yale College Grove Park Rd Wrexham LL12 7AA Pembrokeshire Wynn Jones College Merlins Bridge Haverfordwest SA61 1SZ 4 Bethan Lloyd Coleg Llysfasi Pentrecelyn Ruthin LL15 2LB Sharron Barron Gorseinon College Belgrave Rd Swansea SA4 6RD Non Davies Coleg Ceredigion Llanbadarn Fawr Aberystwyth SY23 3BP Godfrey Hurley Bridgend College Cowbridge Rd Bridgend CF31 3DF Ray Brown Deeside College Kelsterton Rd Connah's Quay CH5 4BR David McGlinn Coleg Glan Hafren Trowbridge Rd Cardiff CF3 1XZ Andrew Ystrad Mynach Jarvis College Twyn Rd Ystrad Mynach CF82 7XR Annie Coleg Harlech/WEA O'Biren North Harlech LL46 2PU Pat Godfrey Coleg Gwent The Rhadyr Usk NP15 1XJ Phil Morris Coleg Powys Llanidloes Rd Newtown SY16 4HU Neath Port Talbot Sam Thomas Colllege Dwr y Felin Rd Neath SA10 7RF John Mahoney Swansea College Tycoch Rd Swansea SA2 9EB Esyllt Penri Coleg Menai Ffriddoedd Rd Bangor LL57 2TP ELWa North Wales Unit 6 St. Asaph Business Park St. Asaph LL17 OLJ ELWa Mid Wales 1 Floor St David's House Newtown SY16 1RB ELWa SE Wales Ty'r Afon Bedwas Rd Caerphilly CF83 8WT ELWa SW Waterside Business Swansea SA6 Wales Ty'r Llyn Park Clos Llyn Cwm 8AH Cardiff CF14 ELWa Linden Court The Orchards Ilex Close Llanishen 5DZ Mount Stuart Cardiff CF10 ATL-Wales 1 Floor Empire House Square 5NF Cardiff Gate Business NASUWT Greenwood Close Park Cardiff CF23 8RD The Enterprise Centre NATFHE Unit 33 Bryn Rd Tondu CF329 BS Mount Stuart AUT Wales 1 Floor Empire House Square Cardiff