Education Act 2005

79 Forms of financial support under section 78 E+W

(1) Financial support under section 78 may be given by way of grants, loans or other payments.

(2) Financial support under section 78 may be given subject to such terms and conditions as the Agency think fit.

(3) The terms and conditions on which the Agency may make any grants, loans or other payments under section 78 may in particular—

(a) enable the Agency to require the repayment, in whole or in part, of sums paid by the Agency if any of the terms and conditions subject to which the sums were paid is not complied with, and

(b) require the payment of interest in respect of any period during which a sum due to the Agency in accordance with any of the terms and conditions remains unpaid.

(4) The power of the Agency to impose conditions on the making of any grants, loans or other payments under section 78 to a training provider includes in particular power to impose conditions prohibiting, restricting or requiring the charging of fees in connection with the provision by that training provider of relevant training of any description specified in the condition.

(5) Where—

(a) a condition is imposed under subsection (4) in connection with any grant, loan or other payment made to a training provider (“T1”), and

(b) the grant, loan or other payment is to any extent made in respect of persons undertaking relevant training which is provided in whole or part by another training provider (“T2”),

then, for the purposes of the condition, fees payable by such persons to T2 are to be regarded as fees charged by T1.

(6) The terms and conditions on which the Agency make any grant, loan or other payment under section 78 to a training provider must not relate to the application by the training provider of any sums derived otherwise than from the Agency, but this subsection does not affect the power to impose conditions by virtue of subsection (4).

(7) In exercising their functions under section 78 and this section the Agency must have regard—

(a) generally, to any forecast of demand for members of the school workforce of a particular category that is notified to them by the Secretary of State, and

(b) in relation to financial support for any training provider, to any assessment of the quality of the relevant training provided by that person—

(i) made by the Chief Inspector for England, or

(ii) to which the Agency think it appropriate to have regard or to which the Secretary of State directs them to have regard.

(8) In this section “relevant training”, in relation to a training provider, means any training provided by the training provider for members of the school workforce.