Education and Inspections Act 2006

75Education and training to satisfy entitlements

This section has no associated Explanatory Notes

(1)After section 3 of the Learning and Skills Act 2000 (c. 21) insert—

3AEntitlement to education and training for persons aged 16 to 19

(1)A person who is above compulsory school age but has not attained the age of 19 may elect for either or both of the following entitlements—

(a)the core entitlement described in section 3B, and

(b)the additional entitlement described in section 3C.

(2)In this section and in sections 3B to 3D, “course of study” means a course of education or training leading to a qualification specified by the Secretary of State by order for the purposes of this subsection.

3BThe core entitlement

(1)In relation to a person falling within section 3A(1), the core entitlement is an entitlement to follow a course of study in such one or more of the following subjects as he may choose (“the core subjects ”)—

(a)mathematics,

(b)English, and

(c)information and communication technology.

(2)The core entitlement is satisfied where a course of study in such of the core subjects as the person has chosen is made available to him at a school or institution.

(3)A person’s entitlement to follow a course of study within a core subject ceases if he does not begin the course of study made available to him before he attains the age of 19.

3CThe additional entitlement

(1)In relation to a person falling within section 3A(1), the additional entitlement is an entitlement to follow a course of study within an entitlement area specified by the Secretary of State by order for the purposes of this subsection.

(2)The additional entitlement is satisfied where a course of study within one of the entitlement areas specified by order for the purposes of subsection (1) is made available to the person at a school or institution.

(3)A person’s additional entitlement ceases if he does not begin the course of study made available to him before he attains the age of 19.

3DThe core and additional entitlement: duties of the Council

(1)The Council must exercise its functions under sections 2 and 3 in such a way as to secure that the entitlements conferred by section 3A(1) are satisfied.

(2)The Council must also exercise those functions with a view to securing that courses of study within all of the entitlement areas specified by the Secretary of State by order for the purposes of section 3C(1) (“the entitlement areas”) are made available in each local learning and skills area, unless the Council determines that the making available of a course of study within a particular entitlement area in a particular local learning and skills area would involve disproportionate expenditure.

(3)Nothing in subsection (2) entitles a person falling within section 3A(1) to follow a course of study within a particular entitlement area or in a particular local learning and skills area, or to follow more than one course of study within different entitlement areas (provision as to the entitlement of such a person being made by section 3C).

(4)In the exercise of its functions by virtue of this section, the Council must have regard to any guidance given from time to time by the Secretary of State.

(5)This section does not affect the generality of the duties imposed by sections 2 and 3.

(6)In this section, “local learning and skills area” means an area specified by the Secretary of State for the purposes of section 19(1).

(2)In section 13 of that Act (persons with learning disabilities), in subsection (1) after “3,” insert “3D,”.