Education Act 2005

Common provisions E+W

92 Joint exercise of functions E+W

(1) A funding agency and any other relevant funding body may exercise any of their functions jointly.

(2) In subsection (1) “other relevant funding body” means the other funding agency, the Higher Education Funding Council for England, the [F1 Young People’s Learning Agency for England, the Chief Executive of Skills Funding] or the [F2 the Assembly to the extent that it is discharging its functions under Part 2 of the Learning and Skills Act 2000] .

(3) The Agency and any body specified in an order made by the Secretary of State for the purposes of this subsection may exercise their functions jointly.

(4) The Assembly may by order authorise HEFCW to exercise their functions under this Part jointly with a body specified in the order, and the specified body to exercise its functions jointly with HEFCW.

[F3 (5) This section does not apply in relation to the functions of the Higher Education Funding Council for England in its capacity as principal regulator (within the meaning of [F4 section 25 of the Charities Act 2011)].]

Textual Amendments

F1 Words in s. 92(2) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 55 (with art. 2(3))

F2 Words in s. 92(2) substituted (W.) (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 9(1), Sch. 1 para. 98, (with transitional provisions in art. 7)

F3 S. 92(5) inserted (1.6.2010) by The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010 (S.I. 2010/501), reg. 1(1), Sch. para. 5; S.I. 2010/503, art. 2, Sch. 1

F4 Words in s. 92(5) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 104 (with s. 20(2), Sch. 8)

93 Efficiency studies E+W

(1) A funding agency may arrange for the promotion or the carrying out by any person of studies designed to improve economy, efficiency and effectiveness in the management or operations of a qualifying person.

(2) A person promoting or carrying out such studies at the request of a funding agency may require the qualifying person concerned—

(a) to provide him, or a person authorised by him, with such information, and

(b) to make available to him, or a person authorised by him, for inspection their accounts and such other documents,

as he may reasonably require for that purpose.

(3) In this section “qualifying person” means—

(a) a training provider receiving financial support under this Part from the Agency, or

(b) the governing body of an eligible institution, as defined by section 85(3), receiving financial support under this Part from HEFCW.

94 Duty to provide information E+W

(1) The Agency—

(a) must provide the Secretary of State (in such manner as he may from time to time determine) with such information or advice relating to matters for which they are responsible as he may from time to time require, and

(b) may provide the Secretary of State with such information or advice relating to such matters as they think fit.

(2) The Agency must provide the Assembly (in such manner as the Assembly may from time to time determine) with such information or advice relating to matters for which the Agency are responsible by virtue of section 76(2) or by virtue of regulations made by the Assembly under any of sections 132 to 140 of the Education Act 2002 (c. 32) as the Assembly may from time to time require.

(3) The Agency may provide the Assembly with such information or advice relating to other matters as the Agency think fit.

(4) The Agency and HEFCW must give each other such information as they may require for the purposes of the exercise of their functions under any enactment.

(5) The following must give the Agency or HEFCW such information as they may require for the purpose of the exercise of their functions under any enactment—

(a) any person receiving, or who has received or applied for, any grant, loan or other payment under this Part;

(b) any [F5 local authority].

Textual Amendments

F5 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 13(2)