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Apprenticeships, Skills, Children and Learning Act 2009

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Commencement Orders bringing provisions within this Act into force:

Part 1 E+W+SApprenticeships, study and training

Chapter 1E+WApprenticeships

Completing an apprenticeshipE+W

1Meaning of “completing an English apprenticeship”E+W

(1)This section applies for the purposes of this Chapter.

(2)A person completes an English apprenticeship in relation to an apprenticeship framework if—

(a)the standard English completion conditions are met, or

(b)the alternative English completion conditions are met.

(3)The standard English completion conditions are—

(a)that the person has entered into an apprenticeship agreement in connection with the apprenticeship framework,

(b)that at the date of that agreement the framework was a recognised English framework,

(c)that the person has completed a course of training for the competencies qualification identified in the framework,

(d)that, throughout the duration of the course, the person was working under the apprenticeship agreement, and

(e)that the person meets the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate.

(4)In subsection (3)(d)—

(a)the reference to the apprenticeship agreement mentioned in subsection (3)(a) includes a reference to any apprenticeship agreement which the person subsequently entered into in connection with the same apprenticeship framework;

(b)the reference to the course of training for the competencies qualification is to be read, in a case where the person has followed two or more courses of training for the competencies qualification, as a reference to both or all of them.

(5)The alternative English completion conditions are conditions which—

(a)apply in cases where a person works otherwise than under an apprenticeship agreement, and

(b)are specified in regulations.

(6)The kinds of working in relation to which provision may be made under subsection (5) include—

(a)working as a self-employed person;

(b)working otherwise than for reward.

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Commencement Information

I1S. 1 in force at 6.4.2011 by S.I. 2011/200, art. 3

2Meaning of “completing a Welsh apprenticeship”E+W

(1)This section applies for the purposes of this Chapter.

(2)A person completes a Welsh apprenticeship in relation to an apprenticeship framework if—

(a)the standard Welsh completion conditions are met, or

(b)the alternative Welsh completion conditions are met.

(3)The standard Welsh completion conditions are—

(a)that the person has entered into an apprenticeship agreement in connection with the apprenticeship framework,

(b)that at the date of that agreement the framework was a recognised Welsh framework,

(c)that the person has completed a course of training for the competencies qualification identified in the framework,

(d)that, throughout the duration of the course, the person was working under the apprenticeship agreement, and

(e)that the person meets the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate.

(4)In subsection (3)(d)—

(a)the reference to the apprenticeship agreement mentioned in subsection (3)(a) includes a reference to any apprenticeship agreement which the person subsequently entered into in connection with the same apprenticeship framework;

(b)the reference to the course of training for the competencies qualification is to be read, in a case where the person has followed two or more courses of training for the competencies qualification, as a reference to both or all of them.

(5)The alternative Welsh completion conditions are conditions which—

(a)apply in cases where a person works otherwise than under an apprenticeship agreement, and

(b)are specified in regulations made by the Welsh Ministers.

(6)The kinds of working in relation to which provision may be made under subsection (5) include—

(a)working as a self-employed person;

(b)working otherwise than for reward.

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Commencement Information

I2S. 2 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(a)

Apprenticeship certificates: EnglandE+W

3Duty to issue: EnglandE+W

The English certifying authority must issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—

(a)it appears to the authority that the person has completed an English apprenticeship in relation to the apprenticeship framework,

(b)in a case within section 1(2)(a), it appears to the authority that the condition in subsection (3)(e) of that section was met at the date of the person's application, and

(c)the person—

(i)provides the authority with such information and evidence as the authority requires the person to provide, and

(ii)pays any fee charged by the authority for the issue of the certificate (see section 5).

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Commencement Information

I3S. 3 in force at 6.4.2011 by S.I. 2011/200, art. 3

4Power to issue: EnglandE+W

The English certifying authority may issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—

(a)it appears to the authority that at the date of the application the person met the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate,

(b)the framework is, or has been, a recognised English framework, and

(c)the person—

(i)provides the authority with such information and evidence as the authority requires the person to provide, and

(ii)pays any fee charged by the authority for the issue of the certificate (see section 5).

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Commencement Information

I4S. 4 in force at 6.4.2011 by S.I. 2011/200, art. 3

5Issue by the English certifying authority: supplementaryE+W

(1)The English certifying authority may charge a fee for issuing an apprenticeship certificate only if, and to the extent that, it is authorised to do so by regulations.

(2)Regulations may make provision about the supply of copies of apprenticeship certificates issued under section 3 or 4.

(3)Regulations under subsection (2) may include provision authorising [F1a person supplying a copy of an apprenticeship certificate to charge a fee for doing so.]

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Amendments (Textual)

Commencement Information

I5S. 5 in force at 6.4.2011 by S.I. 2011/200, art. 3

[F26The English certifying authorityE+W

(1)In this Chapter, the “English certifying authority”, in relation to an apprenticeship certificate of any description, means—

(a)the person (if any) designated by the Secretary of State under this section to issue apprenticeship certificates of that description;

(b)if there is no-one within paragraph (a), the person (if any) designated by the Secretary of State under this section to issue apprenticeship certificates generally;

(c)if there is no-one within paragraph (a) or (b), the Secretary of State.

(2)The power conferred by subsection (1)(a) must be exercised so as to secure that, at any time, only one person is designated to issue apprenticeship certificates relating to a particular apprenticeship sector.

(3)A person designated under this section to issue apprenticeship certificates must, in exercising functions under this Chapter—

(a)comply with directions given by the Secretary of State, and

(b)have regard to guidance given by the Secretary of State.

(4)A designation under this section may be amended or revoked by the Secretary of State.]

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Amendments (Textual)

Commencement Information

I6S. 6 in force at 6.4.2011 by S.I. 2011/200, art. 3

Apprenticeship certificates: WalesE+W

7Duty to issue: WalesE+W

(1)The Welsh certifying authority must issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—

(a)it appears to the authority that the person has completed a Welsh apprenticeship in relation to the apprenticeship framework,

(b)in a case within section 2(2)(a), it appears to the authority that the condition in subsection (3)(e) of that section was met at the date of the person's application, and

(c)the person—

(i)provides the authority with such information and evidence as the authority requires the person to provide, and

(ii)pays any fee charged by the authority for the issue of the certificate (see section 9).

(2)The “prescribed manner” is the manner prescribed by regulations made by the Welsh Ministers.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7S. 7 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(b)

8Power to issue: WalesE+W

(1)The Welsh certifying authority may issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—

(a)it appears to the authority that at the date of the application the person met the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate,

(b)the framework is, or has been, a recognised Welsh framework,

(c)the person—

(i)provides the authority with such information and evidence as the authority requires the person to provide, and

(ii)pays any fee charged by the authority for the issue of the certificate (see section 9).

(2)The “prescribed manner” for the purposes of subsection (1), is the manner prescribed by regulations made by the Welsh Ministers.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8S. 8 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(c)

9Issue by the Welsh certifying authority: supplementaryE+W

(1)The Welsh certifying authority may charge a fee for issuing an apprenticeship certificate only if, and to the extent that, it is authorised to do so by regulations made by the Welsh Ministers.

(2)Regulations made by the Welsh Ministers may make provision about the supply of copies of apprenticeship certificates issued under section 7 or 8.

(3)Regulations under subsection (2) may include provision authorising a person supplying a copy of an apprenticeship certificate to charge a fee for doing so.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9S. 9 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(d)

10The Welsh certifying authorityE+W

(1)In this Chapter, the “Welsh certifying authority”, in relation to an apprenticeship certificate of any description, means—

(a)the person (if any) designated under this section to issue apprenticeship certificates of that description;

(b)if there is no-one within paragraph (a), the person (if any) designated under this section to issue apprenticeship certificates generally;

(c)if there is no-one within paragraph (a) or (b), the Welsh Ministers.

(2)A person designated under this section to issue apprenticeship certificates must, in exercising functions under this Chapter—

(a)comply with directions given by the Welsh Ministers, and

(b)have regard to guidance given by the Welsh Ministers.

(3)Designated” means designated by an order made by the Welsh Ministers.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I10S. 10 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(e)

Contents of apprenticeship certificate: England and WalesE+W

11Contents of apprenticeship certificateE+W

(1)An apprenticeship certificate must state—

(a)the name of the person to whom it is issued,

(b)the apprenticeship framework to which it relates,

(c)the level of that framework, and

(d)the apprenticeship sector to which that framework relates.

(2)An apprenticeship certificate must also state such other matters as the appropriate national authority may by regulations require to be stated in a certificate of that description.

(3)The appropriate national authority, for the purposes of subsection (2), is—

(a)in relation to a certificate issued under section 3 or 4, the Secretary of State;

(b)in relation to a certificate issued under section 7 or 8, the Welsh Ministers.

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Commencement Information

I11S. 11 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I12S. 11 in force at 10.5.2013 for W. by S.I. 2013/1100, art. 2(2)(a)

Apprenticeship frameworks: England and WalesE+W

12Apprenticeship frameworks: interpretationE+W

(1)In this Chapter, “apprenticeship framework” means a specification of requirements, for the purpose of the issue of apprenticeship certificates, that satisfies subsection (2).

(2)The requirements specified must—

(a)be at a particular level stated in the specification, and

(b)relate to a particular skill, trade or occupation included in an apprenticeship sector stated in the specification.

(3)In this Chapter, “recognised English framework” means an apprenticeship framework issued under section 14(1) from which recognition has not been withdrawn under section 14(2).

(4)In this Chapter, “recognised Welsh framework” means an apprenticeship framework issued under section 19(1) from which recognition has not been withdrawn under section 19(2).

(5)For the purposes of this Chapter—

(a)an apprenticeship framework is at the level of the requirements stated in it;

(b)an apprenticeship framework relates to the apprenticeship sector stated in it.

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Commencement Information

I13S. 12 in force at 1.3.2011 for E. by S.I. 2011/200, art. 2

I14S. 12 in force at 10.5.2013 for W. by S.I. 2013/1100, art. 2(2)(b)

Apprenticeship frameworks: EnglandE+W

13English issuing authorityE+W

(1)The Secretary of State may designate a person to issue apprenticeship frameworks relating to a particular apprenticeship sector.

(2)The power conferred by this section must be exercised so as to secure that, at any time, only one person is designated by the Secretary of State to issue apprenticeship frameworks relating to a particular apprenticeship sector.

(3)A person designated under this section must, in exercising functions under this Chapter—

(a)comply with directions given by the Secretary of State;

(b)have regard to guidance given by the Secretary of State.

(4)A designation under this section may be amended or revoked by the Secretary of State.

(5)In this Chapter the “English issuing authority”, in relation to an apprenticeship framework, means the person designated under this section to issue frameworks of that description.

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Commencement Information

I15S. 13 in force at 1.3.2011 by S.I. 2011/200, art. 2

14Issue: EnglandE+W

(1)The English issuing authority may issue an apprenticeship framework only if the authority is satisfied that the framework meets the requirements specified, by the specification of apprenticeship standards for England, for recognised English frameworks of that description.

(2)Recognition of a recognised English framework may be withdrawn—

(a)by the English issuing authority, or

(b)if there is no English issuing authority in relation to the framework, by the Secretary of State.

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Commencement Information

I16S. 14 in force at 1.3.2011 by S.I. 2011/200, art. 2

15Recognised English frameworks: notification and publicationE+W

(1)On issuing an apprenticeship framework under section 14(1), the English issuing authority must—

(a)publish the framework;

(b)notify the Chief Executive of Skills Funding of the issue of the framework.

(2)A notice given under subsection (1)(b) must be accompanied by a copy of the framework.

(3)A person who withdraws recognition of an apprenticeship framework under section 14(2) must—

(a)publish a notice stating that recognition of the framework has been withdrawn;

(b)notify the Chief Executive of Skills Funding of the withdrawal.

(4)Where this section imposes a duty on a person to publish a framework or notice, the publication may be in such manner as the person thinks fit.

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Commencement Information

I17S. 15 in force at 1.3.2011 by S.I. 2011/200, art. 2

16Submission of draft framework for issue: EnglandE+W

(1)This section applies if a person—

(a)submits a draft of an apprenticeship framework to the English issuing authority, and

(b)requests that the authority issue a framework in the form of the draft.

(2)The authority may require the person to provide such information and evidence in connection with the draft as the authority thinks appropriate.

(3)If the authority decides not to issue a framework in the form of the draft, it must give the person reasons for its decision.

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Commencement Information

I18S. 16 in force at 1.3.2011 by S.I. 2011/200, art. 2

17Transitional provision: EnglandE+W

(1)The Secretary of State may by order provide for an existing vocational specification to be treated, for all purposes or for purposes specified in the order, as if it were an apprenticeship framework issued under section 14(1) that specified requirements for the purpose of the issue of apprenticeship certificates.

(2)For the purposes of its application in relation to an existing vocational specification that, by virtue of an order under subsection (1), is treated as an apprenticeship framework issued under section 14(1), this Chapter has effect subject to any modifications specified in the order.

(3)An order under subsection (1) must—

(a)specify a date on which the deemed framework is to be treated as being issued under section 14(1);

(b)specify a date on which recognition of the deemed framework is to be treated as having been withdrawn under section 14(2);

(c)specify a qualification that the deemed framework is to be treated as identifying as the competencies qualification;

(d)specify the level and apprenticeship sector that are to be treated as being stated in the deemed framework.

(4)The date specified under subsection (3)(b) in an order under subsection (1) must be no later than the day after the day that is the school leaving date for 2013.

(5)In this section—

  • the deemed framework”, in relation to an order under subsection (1), means an existing vocational specification that, by virtue of the order, is treated as an apprenticeship framework issued under section 14(1);

  • existing vocational specification” means a specification, prepared before the coming into force of section 14, of training, qualifications and skills appropriate for persons engaging in a particular trade, skill or occupation.

(6)Nothing in this section limits the powers conferred by sections 262 and 265.

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Commencement Information

I19S. 17 in force at 6.4.2011 by S.I. 2011/200, art. 3

Apprenticeship frameworks: WalesE+W

18Welsh issuing authorityE+W

(1)The Welsh Ministers may designate a person to issue apprenticeship frameworks relating to a particular apprenticeship sector.

(2)The power conferred by this section must be exercised so as to secure that, at any time, only one person is designated by the Welsh Ministers to issue apprenticeship frameworks relating to a particular apprenticeship sector.

(3)A person designated under this section must, in exercising functions under this Chapter—

(a)comply with directions given by the Welsh Ministers;

(b)have regard to guidance given by the Welsh Ministers.

(4)A designation under this section may be amended or revoked by the Welsh Ministers.

(5)In this Chapter the “Welsh issuing authority”, in relation to an apprenticeship framework, means the person designated under this section to issue frameworks of that description.

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Commencement Information

I20S. 18 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(f)

19Issue: WalesE+W

(1)The Welsh issuing authority may issue an apprenticeship framework only if the authority is satisfied that the framework meets the requirements specified, by the specification of apprenticeship standards for Wales, for recognised Welsh frameworks of that description.

(2)Recognition of a recognised Welsh framework may be withdrawn—

(a)by the Welsh issuing authority, or

(b)if there is no Welsh issuing authority in relation to the framework, by the Welsh Ministers.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I21S. 19 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(g)

20Recognised Welsh frameworks: notification and publicationE+W

(1)On issuing an apprenticeship framework under section 19(1), the Welsh issuing authority must—

(a)publish the framework;

(b)notify the Welsh Ministers of the issue of the framework.

(2)A notice given under subsection (1)(b) must be accompanied by a copy of the framework.

(3)A person who withdraws recognition of an apprenticeship framework under section 19(2) must—

(a)publish a notice stating that recognition of the framework has been withdrawn;

(b)in the case of withdrawal otherwise than by the Welsh Ministers, notify the Welsh Ministers of the withdrawal.

(4)Where this section imposes a duty on a person to publish a framework or notice, the publication may be in such manner as the person thinks fit.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I22S. 20 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(h)

21Submission of draft framework for issue: WalesE+W

(1)This section applies if a person—

(a)submits a draft of an apprenticeship framework to the Welsh issuing authority, and

(b)requests that the authority issue a framework in the form of the draft.

(2)The authority may require the person to provide such information and evidence in connection with the draft as the authority thinks appropriate.

(3)If the authority decides not to issue a framework in the form of the draft, it must give the person reasons for its decision.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I23S. 21 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(i)

22Transitional provision: WalesE+W

(1)The Welsh Ministers may by order provide for an existing vocational specification to be treated, for all purposes or for purposes specified in the order, as if it were an apprenticeship framework issued under section 19(1) that specified requirements for the purpose of the issue of apprenticeship certificates.

(2)For the purposes of its application in relation to an existing vocational specification that, by virtue of an order under subsection (1), is treated as an apprenticeship framework issued under section 19(1), this Chapter has effect subject to any modifications specified in the order.

(3)An order under subsection (1) must—

(a)specify a date on which the deemed framework is to be treated as being issued under section 19(1);

(b)specify a date on which recognition of the deemed framework is to be treated as having been withdrawn under section 19(2);

(c)specify a qualification that the deemed framework is to be treated as identifying as the competencies qualification;

(d)specify the level and apprenticeship sector that are to be treated as being stated in the deemed framework.

(4)The date specified under subsection (3)(b) in an order under subsection (1) must be no later than the day after the day that is the school leaving date for 2013.

(5)In this section—

  • the deemed framework”, in relation to an order under subsection (1), means an existing vocational specification that, by virtue of the order, is treated as being an apprenticeship framework issued under section 19(1);

  • existing vocational specification” means a specification, prepared before the coming into force of section 19, of training, qualifications and skills appropriate for persons engaging in a particular trade, skill or occupation.

(6)Nothing in this section limits the powers conferred by section 262.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I24S. 22 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(j)

Specification of apprenticeship standards: EnglandE+W

23Duty to prepare and submit draft specification: EnglandE+W

(1)If the Secretary of State so directs, the Chief Executive of Skills Funding must—

(a)prepare a draft specification of apprenticeship standards, and

(b)submit it to the Secretary of State.

(2)In preparing the draft, the Chief Executive must consult—

(a)each person designated under section 13,

(b)persons who appear to the Chief Executive to represent—

(i)employers,

(ii)institutions within the further education sector, F3...

[F4(iia)16 to 19 Academies, and]

(iii)any other providers of training,

(c)any other persons or descriptions of persons specified in regulations, and

(d)such other persons as the Chief Executive thinks appropriate.

(3)A direction under subsection (1) may specify the date by which a draft must be submitted to the Secretary of State.

(4)Subsection (2) does not apply in relation to the first draft specification to be prepared by the Chief Executive after the commencement of this section.

(5)Institution within the further education sector” has the same meaning as in the Education Act 1996 (c. 56) (see section 4(3) of that Act).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I25S. 23 in force at 30.9.2010 by S.I. 2010/2374, art. 2

24Order bringing specification into effectE+W

(1)Where a draft specification of apprenticeship standards has been submitted under section 23, the Secretary of State may by order provide that a specification of apprenticeship standards (“the specification of apprenticeship standards for England”) is to have effect—

(a)in the form of the draft, or

(b)in that form with such modifications as the Secretary of State thinks appropriate.

(2)The Secretary of State may not make an order under subsection (1) unless satisfied that the specification of apprenticeship standards given effect to by the order complies with section 27.

(3)The power conferred by subsection (1) is to be exercised so as to secure that at any time only one specification of apprenticeship standards has effect as the specification of apprenticeship standards for England.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I26S. 24 in force at 30.9.2010 by S.I. 2010/2374, art. 2

25Modification: EnglandE+W

(1)If the Secretary of State so directs, the Chief Executive of Skills Funding must—

(a)prepare draft modifications to the specification of apprenticeship standards for England, and

(b)submit the modifications to the Secretary of State.

(2)A direction given under subsection (1) may specify the date by which the draft modifications must be submitted to the Secretary of State.

(3)Where draft modifications to a specification of apprenticeship standards have been submitted under subsection (1), the Secretary of State may by order provide that the specification of apprenticeship standards for England is to have effect with those modifications.

(4)The Secretary of State may not make an order under subsection (3) providing that the specification of apprenticeship standards for England is to have effect with modifications unless satisfied that the specification, as so modified, complies with section 27.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I27S. 25 in force at 30.9.2010 by S.I. 2010/2374, art. 2

26Replacement or modification: recognised English frameworksE+W

(1)Subject to subsection (2), a recognised English framework does not cease to be a recognised English framework if, by virtue of an order under section 24 or 25, it ceases to meet the requirements specified for frameworks of its description by the specification of apprenticeship standards for England.

(2)An order under section 24 may provide for an apprenticeship framework which—

(a)immediately before the making of the order is a recognised English framework, but

(b)does not meet the requirements specified for frameworks of its description by the specification of apprenticeship standards for England to which the order gives effect,

to cease to have effect as a recognised English framework.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I28S. 26 in force at 30.9.2010 by S.I. 2010/2374, art. 2

27Contents of specification of apprenticeship standards for EnglandE+W

(1)The specification of apprenticeship standards for England—

(a)must specify requirements to be met by recognised English frameworks, [F5and]

(b)may specify different requirements in relation to recognised English frameworks at different levels, F6...

F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The requirements specified by the specification of apprenticeship standards for England must include—

(a)requirements as to English certificate requirements, including requirements as to standards of attainment to be required by them,

(b)requirements for a recognised English framework to include, as an English certificate requirement, the requirement that an apprenticeship certificate relating to the framework may be issued to a person only if the person has received both on-the-job training and off-the-job training, and

(c)requirements for a recognised English framework to—

(i)include, as an English certificate requirement, the requirement that one or more qualifications be held,

(ii)include, as an English certificate requirement, the requirement that the qualification, or the qualifications taken together, demonstrate the relevant occupational competencies and the relevant technical knowledge, and

(iii)identify the qualification that demonstrates the relevant occupational competencies as the competencies qualification in relation to the framework.

(3)Requirements as to standards of attainment may be specified by reference, in particular, to descriptions of qualifications or training.

(4)In this section—

  • English certificate requirement” means a requirement specified in a recognised English framework for the purpose of the issue of apprenticeship certificates relating to that framework by the English certifying authority;

  • off-the-job training” in relation to a recognised English framework, is training which—

    (a)

    is received for the purposes of the skill, trade or occupation to which the framework relates, and

    (b)

    is not on-the-job training;

  • on-the-job training” in relation to a recognised English framework, is training received in the course of carrying on the skill, trade or occupation to which the framework relates;

  • the relevant occupational competencies”, in relation to a recognised English framework, means the competencies required to perform the skill, trade or occupation to which the framework relates at the level required in the framework;

  • the relevant technical knowledge”, in relation to a recognised English framework, means the technical knowledge required to perform the skill, trade or occupation to which the framework relates at the level required in the framework.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I29S. 27 in force at 30.9.2010 by S.I. 2010/2374, art. 2

Specification of apprenticeship standards: WalesE+W

28Specification of apprenticeship standards for WalesE+W

(1)The Welsh Ministers may prepare a draft specification of apprenticeship standards.

(2)In preparing the draft, the Welsh Ministers must consult such persons as they think appropriate.

(3)Having prepared a draft, the Welsh Ministers may by order provide that a specification of apprenticeship standards (“the specification of apprenticeship standards for Wales”) is to have effect—

(a)in the form of the draft, or

(b)in that form with such modifications as the Welsh Ministers think appropriate.

(4)Subsection (2) does not apply in relation to the first draft specification to be prepared by the Welsh Ministers after the commencement of this section.

(5)The Welsh Ministers may not make an order under subsection (3) unless satisfied that the specification of apprenticeship standards given effect to by the order complies with section 31.

(6)The power conferred by subsection (3) is to be exercised so as to secure that at any time only one specification of apprenticeship standards has effect as the specification of apprenticeship standards for Wales.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I30S. 28 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(k)

29Modification: WalesE+W

(1)The Welsh Ministers may by order provide that the specification of apprenticeship standards for Wales is to have effect subject to modifications specified in the order.

(2)The Welsh Ministers may not make an order under this section unless satisfied that the specification, as so modified, complies with section 31.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I31S. 29 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(l)

30Replacement or modification: recognised Welsh frameworksE+W

(1)Subject to subsection (2), a recognised Welsh framework does not cease to be a recognised Welsh framework if, by virtue of an order under section 28 or 29, it ceases to meet the requirements specified for frameworks of its description by the specification of apprenticeship standards for Wales.

(2)An order under section 28 may provide for an apprenticeship framework which—

(a)immediately before the making of the order is a recognised Welsh framework, but

(b)does not meet the requirements specified for frameworks of its description by the specification of apprenticeship standards for Wales to which the order gives effect,

to cease to have effect as a recognised Welsh framework.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I32S. 30 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(m)

31Contents of specification of apprenticeship standards for WalesE+W

(1)The specification of apprenticeship standards for Wales—

(a)must specify requirements to be met by recognised Welsh frameworks,

(b)may specify different requirements in relation to recognised Welsh frameworks at different levels.

(2)The requirements specified by the specification of apprenticeship standards for Wales must include—

(a)requirements as to Welsh certificate requirements, including requirements as to standards of attainment to be required by them,

(b)requirements for a recognised Welsh framework to include, as a Welsh certificate requirement, the requirement that an apprenticeship certificate relating to the framework may be issued to a person only if the person has received both on-the-job training and off-the-job training, and

(c)requirements for a recognised Welsh framework to—

(i)include, as a Welsh certificate requirement, the requirement that one or more qualifications be held,

(ii)include, as a Welsh certificate requirement, the requirement that the qualification, or the qualifications taken together, demonstrate the relevant occupational competencies and the relevant technical knowledge, and

(iii)identify the qualification that demonstrates the relevant occupational competencies as the competencies qualification in relation to the framework.

(3)Requirements as to standards of attainment may be specified by reference, in particular, to descriptions of qualifications or training.

(4)In this section—

  • off-the-job training” in relation to a recognised Welsh framework, is training which—

    (a)

    is received for the purposes of the skill, trade or occupation to which the framework relates, and

    (b)

    is not on-the-job training;

  • on-the-job training” in relation to a recognised Welsh framework, is training received in the course of carrying on the skill, trade or occupation to which the framework relates;

  • the relevant occupational competencies”, in relation to a recognised Welsh framework, means the competencies required to perform the skill, trade or occupation to which the framework relates at the level required in the framework;

  • the relevant technical knowledge”, in relation to a recognised Welsh framework, means the technical knowledge required to perform the skill, trade or occupation to which the framework relates at the level required in the framework;

  • Welsh certificate requirement” means a requirement specified in a recognised Welsh framework for the purpose of the issue of apprenticeship certificates relating to that framework by the Welsh certifying authority.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33S. 31 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(n)

Apprenticeship agreements: England and WalesE+W

32Meaning of “apprenticeship agreement”E+W

(1)In this Chapter, “apprenticeship agreement” means an agreement in relation to which each of the conditions in subsection (2) is satisfied.

(2)The conditions are—

(a)that a person (the “apprentice”) undertakes to work for another (the “employer”) under the agreement;

(b)that the agreement is in the prescribed form;

(c)that the agreement states that it is governed by the law of England and Wales;

(d)that the agreement states that it is entered into in connection with a qualifying apprenticeship framework.

(3)The power conferred by subsection (2)(b) may be exercised, in particular—

(a)to specify provisions that must be included in an apprenticeship agreement;

(b)to specify provisions that must not be included in an apprenticeship agreement;

(c)to specify all or part of the wording of provisions that must be included in an apprenticeship agreement.

(4)Where an agreement states that it is entered into in connection with an apprenticeship framework (“the relevant framework”) that is not a qualifying apprenticeship framework, subsection (2)(d) is to be taken to be satisfied in relation to the agreement if—

(a)at a time within the period of three years ending with the date of the agreement, the relevant framework was a qualifying apprenticeship framework;

(b)at the date of the agreement, the apprentice has not completed the whole of a course of training for the competencies qualification identified in the relevant framework,

(c)before the date of the agreement, the apprentice entered into an apprenticeship agreement (“the earlier agreement”) which stated that it was entered into in connection with the relevant framework, and

(d)at the date of the earlier agreement, the relevant framework was a qualifying apprenticeship framework.

(5)In subsection (4)(b), the reference to a course of training for the competencies qualification is to be read, in a case where the person follows two or more courses of training for the competencies qualification, as a reference to both or all of them.

(6)An apprenticeship framework is a “qualifying apprenticeship framework”, for the purposes of this section, if it is—

(a)a recognised English framework, or

(b)a recognised Welsh framework.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I34S. 32 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I35S. 32 in force at 1.8.2011 for W. by S.I. 2011/200, art. 4

33Ineffective provisionsE+W

(1)To the extent that provision included in an apprenticeship agreement conflicts with the prescribed apprenticeship provisions, it has no effect.

(2)In this section, the “prescribed apprenticeship provisions”, in relation to an apprenticeship agreement, means those provisions—

(a)that are included in the agreement, and

(b)without the inclusion of which the agreement would not satisfy section 32(2)(b).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I36S. 33 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I37S. 33 in force at 1.8.2011 for W. by S.I. 2011/200, art. 4

34VariationE+W

(1)If a variation to an apprenticeship agreement is within subsection (2), it has effect only if, before it was made, the employer complied with the requirement in subsection (3).

(2)A variation to an apprenticeship agreement is within this subsection if its nature is such that, were it to take effect, the agreement would cease to be an apprenticeship agreement.

(3)The employer must give the apprentice written notice stating that, if the variation takes effect, the agreement will cease to be an apprenticeship agreement.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I38S. 34 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I39S. 34 in force at 1.8.2011 for W. by S.I. 2011/200, art. 4

35StatusE+W

(1)To the extent that it would otherwise be treated as being a contract of apprenticeship, an apprenticeship agreement is to be treated as not being a contract of apprenticeship.

(2)To the extent that it would not otherwise be treated as being a contract of service, an apprenticeship agreement is to be treated as being a contract of service.

(3)This section applies for the purposes of any enactment or rule of law.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I40S. 35 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I41S. 35 in force at 1.8.2011 for W. by S.I. 2011/200, art. 4

36Crown servants and Parliamentary staffE+W

(1)Sections 32 to 35 apply in relation to—

(a)an agreement under which a person undertakes Crown employment,

(b)an agreement under which a person undertakes service as a member of the naval, military or air forces of the Crown, and

(c)an agreement under which a person undertakes employment as—

(i)a relevant member of the House of Lords staff, or

(ii)a relevant member of the House of Commons staff,

as they apply in relation to any other agreement under which a person undertakes to work for another.

(2)Subsection (1) is subject to subsection (3) and to any modifications which may be prescribed under subsection (5).

(3)Section 35(2) does not apply in relation to an apprenticeship agreement that is an agreement within paragraph (a), (b) or (c) of subsection (1).

(4)Without prejudice to section 262(3), the power conferred by section 32(2)(b) may be exercised, in particular, to make provision in relation to an apprenticeship agreement which is an agreement within any of paragraphs (a), (b) and (c) of subsection (1) that differs from provision made in relation to other apprenticeship agreements.

(5)Regulations may provide for any provision of this Chapter F7... to apply with modifications in relation to—

(a)an agreement within paragraph (a), (b) or (c) of subsection (1), or

(b)a person working, or proposing to work, under such an agreement.

(6)In subsection (1)—

  • Crown employment” means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by a statutory provision (but does not include service as a member of the naval, military or air forces of the Crown);

  • relevant member of the House of Commons staff” has the meaning given by section 195(5) of the Employment Rights Act 1996 (c. 18);

  • relevant member of the House of Lords staff” has the meaning given by section 194(6) of that Act.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F7Words in s. 36(5) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 3; S.I. 2012/1087, art. 3

Commencement Information

I42S. 36 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I43S. 36 in force at 1.8.2011 for W. by S.I. 2011/200, art. 4

Duty to participate in education or training: EnglandE+W

37Duty to participate in education or training: apprenticeship agreementsE+W

(1)Part 1 of the Education and Skills Act 2008 (c. 25) (duty to participate in education or training: England) is amended as follows.

(2)In section 2 (duty to participate), in subsection (1)(b) after “contract of apprenticeship” insert “ or an apprenticeship agreement ”.

(3)In section 66 (interpretation of Part 1), in subsection (1)—

(a)at the appropriate place insert—

“ “apprenticeship agreement” has the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009;”;

(b)in the definition of “contract of employment” after “contract of apprenticeship” insert “ or an apprenticeship agreement ”.

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Commencement Information

I44S. 37 in force at 6.4.2011 by S.I. 2011/200, art. 3

GeneralE+W

38Apprenticeship sectorsE+W

(1)The Secretary of State must by order specify sectors of skill, trade or occupation for the purposes of this Chapter.

(2)The sectors specified under subsection (1) must in the opinion of the Secretary of State encompass the full range of skills, trades and occupations.

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Commencement Information

I45S. 38 in force at 1.3.2011 by S.I. 2011/200, art. 2

39Interpretation of ChapterE+W

(1)In this Chapter—

  • apprenticeship agreement” has the meaning given by section 32(1);

  • apprenticeship certificate” means a certificate issued under section 3, 4, 7 or 8;

  • apprenticeship framework” has the meaning given by section 12(1);

  • apprenticeship sector” means a sector specified under section 38;

  • the competencies qualification”, in relation to an apprenticeship framework, means the qualification identified in the framework as being the competencies qualification;

  • [F8English certifying authority”, in relation to an apprenticeship certificate of any description, has the meaning given by section 6(1);]

  • English issuing authority”, in relation to an apprenticeship framework, has the meaning given by section 13(5);

  • recognised English framework” has the meaning given by section 12(3);

  • recognised Welsh framework” has the meaning given by section 12(4);

  • the specification of apprenticeship standards for England” means the specification of apprenticeship standards having effect for the time being by virtue of an order made by the Secretary of State under section 24 or 25;

  • the specification of apprenticeship standards for Wales” means the specification of apprenticeship standards having effect for the time being by virtue of an order made by the Welsh Ministers under section 28 or 29;

  • Welsh certifying authority”, in relation to an apprenticeship certificate of any description, has the meaning given by section 10(1);

  • Welsh issuing authority”, in relation to an apprenticeship framework, has the meaning given by section 18(5).

(2)References in this Chapter—

(a)to the level of an apprenticeship framework, or

(b)to the apprenticeship sector to which an apprenticeship framework relates,

are to be construed in accordance with section 12(5).

(3)References in this Chapter to an employer and an apprentice, in relation to an apprenticeship agreement, are to be construed in accordance with section 32.

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Amendments (Textual)

Commencement Information

I46S. 39 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I47S. 39 in force at 10.5.2013 for W. by S.I. 2013/1100, art. 2(2)(c)

Chapter 2E+W+SStudy and training

40Employer support for employee study and trainingE+W+S

(1)The Employment Rights Act 1996 (c. 18) is amended as follows.

(2)After Part 6 (time off work) insert—

Part 6A E+W+SStudy and training
63DStatutory right to make request in relation to study or training

(1)A qualifying employee may make an application under this section to his or her employer.

(2)An application under this section (a “section 63D application”) is an application that meets—

(a)the conditions in subsections (3) to (5), and

(b)any further conditions specified by the Secretary of State in regulations.

(3)The application must be made for the purpose of enabling the employee to undertake study or training (or both) within subsection (4).

(4)Study or training is within this subsection if its purpose is to improve—

(a)the employee's effectiveness in the employer's business, and

(b)the performance of the employer's business.

(5)The application must state that it is an application under this section.

(6)An employee is a qualifying employee for the purposes of this section if the employee—

(a)satisfies any conditions about duration of employment specified by the Secretary of State in regulations, and

(b)is not a person within subsection (7).

(7)The following persons are within this subsection—

(a)a person of compulsory school age (or, in Scotland, school age);

(b)a person to whom Part 1 of the Education and Skills Act 2008 (duty to participate in education or training for 16 and 17 year olds) applies;

(c)a person who, by virtue of section 29 of that Act, is treated as a person to whom that Part applies for the purposes specified in that section (extension for person reaching 18);

(d)a person to whom section 63A of this Act (right to time off for young person for study or training) applies;

(e)an agency worker;

(f)a person of a description specified by the Secretary of State in regulations.

(8)Nothing in this Part prevents an employee and an employer from making any other arrangements in relation to study or training.

(9)In this section—

  • agency worker” means a worker supplied by a person (the “agent”) to do work for another person (the “principal”) under a contract or other arrangement between the agent and principal;

  • compulsory school age” has the meaning given in section 8 of the Education Act 1996;

  • school age” has the meaning given in section 31 of the Education (Scotland) Act 1980.

63ESection 63D application: supplementary

(1)A section 63D application may—

(a)be made in relation to study or training of any description (subject to section 63D(3) and (4) and regulations under section 63D(2));

(b)relate to more than one description of study or training.

(2)The study or training may (in particular) be study or training that (if undertaken)—

(a)would be undertaken on the employer's premises or elsewhere (including at the employee's home);

(b)would be undertaken by the employee while performing the duties of the employee's employment or separately;

(c)would be provided or supervised by the employer or by someone else;

(d)would be undertaken without supervision;

(e)would be undertaken within or outside the United Kingdom.

(3)The study or training need not be intended to lead to the award of a qualification to the employee.

(4)A section 63D application must—

(a)give the following details of the proposed study or training—

(i)its subject matter;

(ii)where and when it would take place;

(iii)who would provide or supervise it;

(iv)what qualification (if any) it would lead to;

(b)explain how the employee thinks the proposed study or training would improve—

(i)the employee's effectiveness in the employer's business, and

(ii)the performance of the employer's business;

(c)contain information of any other description specified by the Secretary of State in regulations.

(5)The Secretary of State may make regulations about—

(a)the form of a section 63D application;

(b)when a section 63D application is to be taken to be received for the purposes of this Part.

63FEmployer's duties in relation to application

(1)Subsections (4) to (7) apply if—

(a)an employer receives a section 63D application (the “current application”) from an employee, and

(b)during the relevant 12 month period the employer has not received another section 63D application (an “earlier application”) from the employee.

(2)The “relevant 12 month period” is the 12 month period ending with the day on which the employer receives the current application.

(3)The Secretary of State may make regulations about circumstances in which, at an employee's request, an employer is to be required to ignore an earlier application for the purposes of subsection (1).

(4)The employer must deal with the application in accordance with regulations made by the Secretary of State.

(5)The employer may refuse a section 63D application only if the employer thinks that one or more of the permissible grounds for refusal applies in relation to the application.

(6)The employer may refuse part of a section 63D application only if the employer thinks that one or more of the permissible grounds for refusal applies in relation to that part.

(7)The permissible grounds for refusal are—

(a)that the proposed study or training to which the application, or the part in question, relates would not improve—

(i)the employee's effectiveness in the employer's business, or

(ii)the performance of the employer's business;

(b)the burden of additional costs;

(c)detrimental effect on ability to meet customer demand;

(d)inability to re-organise work among existing staff;

(e)inability to recruit additional staff;

(f)detrimental impact on quality;

(g)detrimental impact on performance;

(h)insufficiency of work during the periods the employee proposes to work;

(i)planned structural changes;

(j)any other grounds specified by the Secretary of State in regulations.

63GRegulations about dealing with applications

(1)Regulations under section 63F(4) may, in particular, include provision—

(a)for the employee to have a right to be accompanied by a person of a specified description when attending meetings held in relation to a section 63D application in accordance with any such regulations;

(b)for the postponement of such a meeting if the employee's companion under paragraph (a) is not available to attend it;

(c)in relation to companions under paragraph (a), corresponding to section 10(6) and (7) of the Employment Relations Act 1999 (right to paid time off to act as companion, etc.);

(d)in relation to the rights under paragraphs (a) to (c), for rights to complain to an employment tribunal and not to be subjected to a detriment, and about unfair dismissal;

(e)for section 63D applications to be treated as withdrawn in specified circumstances.

(2)In this section “specified” means specified in the regulations.

63HEmployee's duties in relation to agreed study or training

(1)This section applies if an employer has agreed to a section 63D application, or part of a section 63D application, made by an employee in relation to particular study or training (the “agreed study or training”).

(2)The employee must inform the employer if the employee—

(a)fails to start the agreed study or training;

(b)fails to complete the agreed study or training;

(c)undertakes, or proposes to undertake, study or training that differs from the agreed study or training in any respect (including those specified in section 63E(4)(a)).

(3)The Secretary of State may make regulations about the way in which the employee is to comply with the duty under subsection (2).

63IComplaints to employment tribunals

(1)An employee who makes a section 63D application may present a complaint to an employment tribunal that—

(a)the employer has failed to comply with section 63F(4), (5) or (6), or

(b)the employer's decision to refuse the application, or part of it, is based on incorrect facts.

This is subject to the following provisions of this section.

(2)No complaint under this section may be made in respect of a section 63D application which has been disposed of by agreement or withdrawn.

(3)In the case of a section 63D application that has not been disposed of by agreement or withdrawn, a complaint under this section may only be made if the employer—

(a)notifies the employee of a decision to refuse the application (or part of it) on appeal, or

(b)commits a breach of regulations under section 63F(4), where the breach is of a description specified by the Secretary of State in regulations.

(4)No complaint under this section may be made in respect of failure to comply with provision included in regulations under section 63F(4) because of—

(a)section 63G(1)(a) or (b), if provision is included in regulations under section 63F(4) by virtue of section 63G(1)(d), or

(b)section 63G(1)(c).

(5)An employment tribunal may not consider a complaint under this section unless the complaint is presented—

(a)before the end of the period of three months beginning with the relevant date, or

(b)within any further period that the tribunal considers reasonable, if the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

(6)The relevant date is—

(a)in the case of a complaint permitted by subsection (3)(a), the date on which the employee is notified of the decision on the appeal;

(b)in the case of a complaint permitted by subsection (3)(b), the date on which the breach was committed.

63JRemedies

(1)If an employment tribunal finds a complaint under section 63I well-founded it must make a declaration to that effect and may—

(a)make an order for reconsideration of the section 63D application;

(b)make an award of compensation to be paid by the employer to the employee.

(2)The amount of any compensation must be the amount the tribunal considers just and equitable in all the circumstances, but must not exceed the permitted maximum.

(3)The permitted maximum is the number of weeks' pay specified by the Secretary of State in regulations.

(4)If an employment tribunal makes an order under subsection (1)(a), section 63F and regulations under that section apply as if the application had been received on the date of the order (instead of on the date it was actually received).

63KSupplementary

Regulations under this Part may make different provision for different cases.

(3)After section 47E (protection from suffering detriment in employment: flexible working) insert—

47FStudy and training

(1)An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the employee's employer done on the ground that the employee—

(a)made (or proposed to make) a section 63D application,

(b)exercised (or proposed to exercise) a right conferred on the employee under section 63F,

(c)brought proceedings against the employer under section 63I, or

(d)alleged the existence of any circumstance which would constitute a ground for bringing such proceedings.

(2)This section does not apply if the detriment in question amounts to dismissal within the meaning of Part 10.

(4)After section 104D (unfair dismissal: pension enrolment) insert—

104EStudy and training

An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

(a)made (or proposed to make) a section 63D application,

(b)exercised (or proposed to exercise) a right conferred on the employee under section 63F,

(c)brought proceedings against the employer under section 63I, or

(d)alleged the existence of any circumstance which would constitute a ground for bringing such proceedings.

(5)Schedule 1 makes amendments to employment legislation relating to the provision made by this section.

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Commencement Information

I48S. 40 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

Part 2E+W[F9Local authority] functions

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Amendments (Textual)

Education and training for persons over compulsory school ageE+W

41Education and training for persons over compulsory school age: general dutyE+W

Before section 15A of the Education Act 1996 (c. 56) insert—

15ZADuty in respect of education and training for persons over compulsory school age: England

(1)A [F9local authority] in England must secure that enough suitable education and training is provided to meet the reasonable needs of—

(a)persons in their area who are over compulsory school age but under 19, and

(b)persons in their area who are aged 19 or over but under 25 and are subject to learning difficulty assessment.

(2)A [F9local authority] may comply with subsection (1) by securing the provision of education or training outside as well as within their area.

(3)In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons' reasonable needs, a [F9local authority] must (in particular) have regard to—

(a)the persons' ages, abilities and aptitudes;

(b)any learning difficulties the persons may have;

(c)the quality of the education or training;

(d)the locations and times at which the education or training is provided.

(4)In performing the duty imposed by subsection (1) a [F9local authority] must—

(a)act with a view to encouraging diversity in the education and training available to persons;

(b)act with a view to increasing opportunities for persons to exercise choice;

(c)act with a view to enabling persons to whom Part 1 of the Education and Skills Act 2008 applies to fulfil the duty imposed by section 2 of that Act;

(d)take account of education and training whose provision the authority think might reasonably be secured by other persons.

(5)A [F9local authority] must, in—

(a)making any determination as to the provision of apprenticeship training that should be secured under subsection (1), or

(b)securing the provision of any apprenticeship training under that subsection,

co-operate with the Chief Executive of Skills Funding.

(6)For the purposes of this section a person has a learning difficulty if—

(a)the person has a significantly greater difficulty in learning than the majority of persons of the same age, or

(b)the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions providing education or training for persons who are over compulsory school age.

(7)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.

(8)In this section—

  • apprenticeship training” means training provided in connection with—

    (a)

    an apprenticeship agreement (within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009),

    (b)

    any other contract of employment, or

    (c)

    any other kind of working in relation to which alternative English completion conditions apply under section 1(5) of that Act (meaning of “completing an English apprenticeship”);

  • education” includes full-time and part-time education;

  • training” includes—

    (a)

    full-time and part-time training;

    (b)

    vocational, social, physical and recreational training;

    (c)

    apprenticeship training.

(9)The references in subsection (1) to—

(a)persons in a local authority's area who are over compulsory school age but under 19, and

(b)persons in a local authority's area who are aged 19 or over but under 25 and are subject to learning difficulty assessment,

do not include persons who are subject to a detention order.

15ZBCo-operation in performance of section 15ZA duty

[F10Local authorities] in England must co-operate with each other in performing their duties under section 15ZA(1).

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Amendments (Textual)

Commencement Information

I49S. 41 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

42Encouragement of education and training for persons over compulsory school ageE+W

After section 15ZB of the Education Act 1996 (c. 56) (inserted by section 41) insert—

15ZCEncouragement of education and training for persons over compulsory school age: England

(1)A [F9local authority] in England must—

(a)encourage participation in education and training by persons in their area who are within section 15ZA(1)(a) or (b);

(b)encourage employers to participate in the provision of education and training for such persons.

(2)For the purposes of subsection (1)(b), participating in the provision of training includes participating by entering into—

(a)an apprenticeship agreement (within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009), or

(b)any other contract of employment in connection with which training is provided.

(3)In this section “education” and “training” have the same meanings as in section 15ZA.

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Commencement Information

I50S. 42 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

43[F9Local authority] directions: children over compulsory school ageE+W

(1)Chapter 1 of Part 3 of the School Standards and Framework Act 1998 (c. 31) is amended as follows.

(2)In section 84(6) (admissions code: interpretation) for the definition of “child” substitute—

child” includes a person who has not attained the age of 19, except in sections 96 and 97 in so far as those sections apply in relation to Wales;.

(3)After section 96(3) (direction to admit child to specified school) insert—

(3A)A direction under this section to admit a child shall not specify a school which has in place admission arrangements that make provision for selection by ability falling within section 99(2)(c) unless the child satisfies the selection criteria.

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Commencement Information

I51S. 43 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

44Power to require provision of education by further education institutionE+W

(1)Before section 52 of the Further and Higher Education Act 1992 (c. 13) insert—

51ADuty to provide for named individuals: England

(1)This section applies to an institution in England within the further education sector which provides education suitable to the requirements of persons over compulsory school age but under the age of 19.

(2)A [F9local authority] may by notice given to the governing body of such an institution—

(a)require them to provide specified individuals with such education falling within subsection (1) as is appropriate to the individuals' abilities and aptitudes;

(b)withdraw such a requirement.

(3)A [F9local authority] may specify an individual in a notice under subsection (2) only if the individual—

(a)is in the authority's area, and

(b)is over compulsory school age but under the age of 19.

(4)Before giving a notice under subsection (2) imposing a requirement on a governing body, a [F9local authority] must consult—

(a)the governing body, and

(b)such other persons as the authority think appropriate.

(5)The governing body of an institution within subsection (1) must secure compliance with a requirement that has been imposed under subsection (2) and has not been withdrawn.

(6)In deciding whether to require a particular institution to provide education to a particular individual under subsection (2) a [F9local authority] in England must have regard to any guidance given from time to time by the Secretary of State.

(2)In section 52 of that Act—

(a)in subsection (1) after “institution” insert “ in Wales ”;

(b)in the title, at the end insert “ : Wales ”.

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Commencement Information

I52S. 44 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Prospective

The core and additional entitlementsE+W

45Duties in relation to the core and additional entitlementsE+W

After section 17 of the Education Act 1996 (c. 56) insert—

The [F11core entitlement]: EnglandE+W
17ADuties in relation to the [F12core entitlement]

(1)A [F9local authority] in England must exercise their functions in such a way as to secure that the [F13core entitlement is] satisfied in relation to persons in their area who are over compulsory school age but under 19.

F14( 2 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14( 3 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14( 4 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14( 5 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In exercising their functions as required by this section, a [F9local authority] in England must have regard to any guidance given from time to time by the Secretary of State.

(7)In this section—

  • F15...

  • F15...

  • the core entitlement ” has the meaning given by section 17C.

F16( 8 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)The [F17reference in subsection (1)] to persons in a [F9local authority]'s area who are over compulsory school age but under 19 [F17does] not include persons who are subject to a detention order.

F18 17B Entitlement to education and training for 16 to 18 year olds

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17CThe core entitlement

[F19(A1)A person over compulsory school age but under 19 has the core entitlement.]

(1)The core entitlement is an entitlement to follow a course of study in each of the core subjects chosen by the person [F20who has ] the entitlement (the “chosen core subjects”).

(2)The core subjects are—

(a)mathematics;

(b)English;

(c)information and communication technology.

(3)The core entitlement is satisfied in relation to a person if a course of study in each of the chosen core subjects is made available to the person at a school or institution.

(4)A person's entitlement to follow a course of study in one of the chosen core subjects ceases if—

(a)a course of study in the subject is made available to the person, but

(b)the person does not begin the course of study before reaching the age of 19.

[F21(5) In this section “ course of study ” means a course of education or training leading to a qualification specified, or a qualification of a description specified, by the Secretary of State by order for the purposes of this subsection. ]

F22 17DThe additional entitlement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F11 Words in s. 45 substituted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(2) , 82(2)(b)

F12 Words in s. 45 substituted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(3)(f) , 82(2)(b)

F13 Words in s. 45 substituted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(3)(a) , 82(2)(b)

F14 Words in s. 45 omitted (15.1.2012) by virtue of Education Act 2011 (c. 21) , ss. 30(3)(b) , 82(2)(b)

F15 Words in s. 45 omitted (15.1.2012) by virtue of Education Act 2011 (c. 21) , ss. 30(3)(c) , 82(2)(b)

F16 Words in s. 45 omitted (15.1.2012) by virtue of Education Act 2011 (c. 21) , ss. 30(3)(d) , 82(2)(b)

F17 Words in s. 45 substituted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(3)(e) , 82(2)(b)

F18 Words in s. 45 omitted (15.1.2012) by virtue of Education Act 2011 (c. 21) , ss. 30(4) , 82(2)(b)

F19 Words in s. 45 inserted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(5)(a) , 82(2)(b)

F20 Words in s. 45 substituted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(5)(b) , 82(2)(b)

F21 Words in s. 45 inserted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(5)(c) , 82(2)(b)

F22 Words in s. 45 omitted (15.1.2012) by virtue of Education Act 2011 (c. 21) , ss. 30(6) , 82(2)(b)

Boarding accommodation: persons subject to learning difficulty assessmentE+W

46Boarding accommodation: persons subject to learning difficulty assessmentE+W

After section 514 of the Education Act 1996 (c. 56) insert—

514AProvision of boarding accommodation for persons subject to learning difficulty assessment

(1)A [F9local authority] in England may secure the provision of boarding accommodation in connection with the provision of education or training for a person in their area who is—

(a)over compulsory school age but under 25, and

(b)subject to learning difficulty assessment.

(2)A [F9local authority] may secure the provision of boarding accommodation under subsection (1) either within or outside their area.

(3)For the purposes of subsection (1) it is immaterial who provides, or secures the provision of, the education or training.

(4)In this section “education” and “training” have the same meanings as in section 15ZA.

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Commencement Information

I53S. 46 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Work experienceE+W

47Work experience for persons over compulsory school ageE+W

After section 560 of the Education Act 1996 insert—

560AWork experience for persons over compulsory school age: England

(1)A [F9local authority] in England may secure the provision of work experience for persons in their area—

(a)who are over compulsory school age but under 19, or

(b)who are aged 19 or over but under 25 and are subject to learning difficulty assessment.

(2)A [F9local authority] in England must—

(a)encourage participation in work experience by persons in their area who are within subsection (1)(a) or (b);

(b)encourage employers to participate in the provision of work experience for such persons.

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Commencement Information

I54S. 47 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Persons detained in youth accommodationE+W

48Provision of education for persons subject to youth detentionE+W

After section 18 of the Education Act 1996 insert—

18AProvision of education for persons subject to youth detention

(1)A [F9local authority] must secure that—

(a)enough suitable education is provided to meet the reasonable needs of children subject to youth detention in their area;

(b)enough suitable education and training is provided to meet the reasonable needs of persons who are—

(i)over compulsory school age but under 19, and

(ii)subject to youth detention in their area.

(2)In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons' reasonable needs, a [F9local authority] must (in particular) have regard to—

(a)the persons' ages, abilities and aptitudes;

(b)any special educational needs or learning difficulties (within the meaning of section 15ZA(6) and (7)) the persons may have;

(c)the desirability of enabling persons to complete programmes of study or training which they have begun;

(d)any relevant curriculum and the desirability that education received by persons subject to youth detention should be comparable with education which they could be expected to receive if they were attending a school or institution implementing a relevant curriculum;

(e)the desirability of the core entitlement F23... being satisfied in relation to persons over compulsory school age but under 19 F23....

(3)In subsection (2)(d), “relevant curriculum” means—

(a)in relation to a [F9local authority] in England, the National Curriculum for England established under section 87 of the Education Act 2002 as subsisting for the time being;

(b)in relation to a [F9local authority] in Wales—

(i)the National Curriculum for Wales established under section 108 of that Act as subsisting for the time being, or

(ii)any local curriculum formed by the authority under section 116A of the Education Act 2002 (formation of local curricula for pupils in Key Stage 4) or for their area under section 33A of the Learning and Skills Act 2000 (formation of local curricula for students aged 16 to 18).

[F24(4)Section 17C (the core entitlement) applies for the purposes of subsection (2)(e).]

(5)Any arrangements made by a [F9local authority] under subsection (1) for the provision by another person (the “learning provider”) of education or training must require the learning provider, in making any determination as to the education or training to be provided for a particular person (“P”), to have regard to any information within subsection (6).

(6)The information within this subsection is—

(a)information provided under section 562F by a [F9local authority] as to the level of P's literacy and numeracy skills;

(b)any other information provided under section 562F by P's home authority (within the meaning of Chapter 5A of Part 10) for the purpose of assisting a determination such as is mentioned in subsection (5).

(7)In performing the duty imposed by subsection (1), a [F9local authority] must have regard to any guidance issued—

(a)in the case of a [F9local authority] in England, by the Secretary of State;

(b)in the case of a [F9local authority] in Wales, by the Welsh Ministers.

(8)For the purposes of subsection (1), a person is subject to youth detention in the area of a [F9local authority] if—

(a)subject to a detention order, and

(b)detained in relevant youth accommodation in the area of the authority.

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Amendments (Textual)

F23Words in s. 48 omitted (15.1.2012) by virtue of Education Act 2011 (c. 21), ss. 30(7)(a), 82(2)(b)

F24Words in s. 48 substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 30(7)(b), 82(2)(b)

Commencement Information

I55S. 48 in force at 1.9.2010 for specified purposes for E. by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

49Persons detained in youth accommodation: application of provisionsE+W

(1)Section 562 of the Education Act 1996 (c. 56) (Act not to apply to persons detained under order of a court) is amended as follows.

(2)In subsection (1)—

(a)for “detained in pursuance of an order made by a court or of an order of recall made by the Secretary of State” substitute “ subject to a detention order and is detained in accommodation that is not relevant youth accommodation ”, and

(b)for “a person who is detained in pursuance of such an order” substitute “ such a person ”.

(3)After that subsection insert—

(1A)For the purposes of this Act—

(a)a person is subject to a detention order if detained in pursuance of—

(i)an order made by a court, or

(ii)an order of recall made by the Secretary of State, and

(b)relevant youth accommodation is accommodation which—

(i)is youth detention accommodation (within the meaning given by section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000), and

(ii)is not in a young offender institution, or part of such an institution, that is used wholly or mainly for the detention of persons aged 18 and over.

(4)In subsection (2), for “subsection (1)” substitute “ this section ”.

(5)After that subsection add—

(3)A child or young person who is being kept in accommodation provided for the purpose of restricting liberty is not to be regarded for the purposes of this section as detained in pursuance of an order made by a court by reason of the fact that a court has authorised the person to be kept in such accommodation under section 25(4) of the Children Act 1989 (use of accommodation for restricting liberty).

(6)In the title, after “apply to” insert “ certain ”.

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Commencement Information

I56S. 49 in force at 1.9.2010 for specified purposes for E. by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

I57S. 49 in force at 1.4.2011 for specified purposes for W. by S.I. 2011/829, art. 2(a)

50Persons detained in youth accommodation: further provisionE+W

After section 562 of the Education Act 1996 (c. 56) insert— Chapter 5A Persons detained in youth accommodation Provisions applying to detained persons

562AApplication of Act to detained persons

(1)In its application in relation to detained persons, this Act has effect subject to modifications prescribed by regulations made by the appropriate national authority.

(2)The power conferred by subsection (1) may not be exercised to modify the application of a provision of this Act if—

(a)the provision makes special provision in relation to detained persons, or a description of detained persons,

(b)the application of the provision in relation to detained persons, or a description of detained persons, is excluded by provision made by this Act, or

(c)the provision has effect in relation to detained persons, or a description of detained persons, subject to modifications made by this Act.

(3)References in this Chapter to a detained person are to a child or young person who is—

(a)subject to a detention order, and

(b)detained in relevant youth accommodation;

and, in provisions applying on a person's release, also include references to a person who, immediately before release, was a detained person.

562BDuty to take steps to promote fulfilment of potential

(1)Subsection (2) applies in relation to a detained person who is not a looked after child.

(2)The home authority must—

(a)during the period of detention in relevant youth accommodation, and

(b)on the person's release from detention in relevant youth accommodation,

take such steps as they consider appropriate to promote the person's fulfilment of his or her learning potential.

(3)Those steps must include, where it appears to the home authority appropriate for them to do so, making arrangements for the provision, on the person's release from detention—

(a)of education, or

(b)in the case of a person who is over compulsory school age, of education or training.

(4)Where the host authority make any determination as to the education or training to be provided for a detained person, the authority must have regard to—

(a)any information provided under section 562F by a [F9local authority] as to the level of the person's literacy and numeracy skills;

(b)any other information provided by the home authority under section 562F for the purpose of assisting any such determination.

562CDetained persons with special educational needs

(1)This section applies where, immediately before the beginning of the detention, a [F9local authority] were maintaining a statement under section 324 for a detained person.

(2)The authority must keep the statement while the person is detained in relevant youth accommodation.

(3)The host authority must use best endeavours to secure that appropriate special educational provision is made for the detained person while the person is detained in relevant youth accommodation.

(4)For the purposes of subsection (3), appropriate special educational provision is—

(a)the special educational provision that, immediately before the beginning of the detention, was specified in the statement,

(b)educational provision corresponding as closely as practicable to the special educational provision so specified, or

(c)if it appears to the host authority that the special educational provision so specified is no longer appropriate for the person, such special educational provision as reasonably appears to the host authority to be appropriate for the person.

562DAppropriate special educational provision: arrangements between [F10local authorities]

(1)This section applies where special educational provision is secured for a person in circumstances where section 562C applies.

(2)A [F9local authority] may supply goods and services to—

(a)the host authority, or

(b)any other person making the special educational provision in question.

(3)Goods and services may be supplied under subsection (2) only for the purpose of assisting the making or securing of that special educational provision.

562ELiteracy and numeracy assessments

(1)This section applies in relation to a detained person who is detained in particular relevant youth accommodation.

(2)The host authority must arrange for the level of the detained person's literacy and numeracy skills to be assessed as soon as reasonably practicable after the beginning of the period during which the person is detained in that accommodation.

(3)Subsection (2) does not apply if the authority are satisfied that they have evidence of the current level of the person's literacy and numeracy skills.

(4)The “current level” of a detained person's literacy and numeracy skills is the level of those skills at the beginning of the period during which the person is detained in the relevant youth accommodation in question.

Provision of information relating to detained persons

562FProvision of information about detained persons

(1)Any person who has provided education or training for a detained person (whether before or during the period of detention) may provide information relating to the detained person to—

(a)the home authority, or

(b)the host authority,

for the purposes of, or in connection with, the provision of education or training for the detained person.

(2)A [F9local authority] must, on a request under subsection (3), as soon as practicable provide to the person making the request such information that they hold relating to a detained person as is requested.

(3)A request is made under this subsection if it—

(a)is made by a person within subsection (4), and

(b)asks only for information which the person requires for the purposes of, or in connection with, the provision of education or training for the detained person (including education or training to be provided after the detained person's release from detention).

(4)Those persons are—

(a)any other [F9local authority];

(b)a youth offending team established under section 39 of the Crime and Disorder Act 1998;

(c)the person in charge of any place at which the detained person is detained or is expected to be detained;

(d)any person providing or proposing to provide education or training for the detained person.

(5)The Welsh Ministers must, on a request by the home authority or the host authority, provide a copy of any relevant assessment report for the purposes of the exercise of any function of that authority under section 18A or this Chapter.

(6)In subsection (5), “relevant assessment report” means a report of an assessment of a detained person conducted (whether before or during the period of detention)—

(a)under section 140 of the Learning and Skills Act 2000, and

(b)by virtue of arrangements made by the Welsh Ministers.

(7)Subsection (8) applies in relation to a detained person if it appears to the host authority that the person is to be released from detention in relevant youth accommodation.

(8)The host authority must provide to the home authority any information they hold which—

(a)relates to the detained person, and

(b)may be relevant for the purposes of, or in connection with, the provision of education or training for the detained person after the release.

(9)The information required to be provided under subsection (8) must be provided at such time as the host authority think reasonable for the purpose of enabling education or training to be provided for the detained person after the release.

(10)Nothing in subsections (7) to (9) requires the host authority to provide to the home authority information which it appears to the host authority that the home authority already have.

(11)In this section any reference to the host authority, in relation to a detained person, includes a reference to any [F9local authority] in whose area the person is expected to be detained.

562GInformation to be provided where statement of special educational needs previously maintained

(1)This section applies in relation to a detained person if, immediately before the beginning of the detention, a [F9local authority] were maintaining a statement under section 324 for the person.

(2)Subsections (3) and (4) apply where the home authority become aware (whether by notice under section 39A(2) of the Crime and Disorder Act 1998 (detention of child or young person: [F10local authorities] to be notified) or otherwise)—

(a)that the person—

(i)has become subject to a detention order, and

(ii)is detained in relevant youth accommodation, or

(b)that the person has been transferred from one place of accommodation to another place of accommodation which is relevant youth accommodation.

(3)If, immediately before the beginning of the detention, the home authority were maintaining the statement, they must send a copy of the statement to the host authority.

(4)If the home authority are or become aware that, immediately before the beginning of the detention, another [F9local authority] were maintaining a statement for the person under section 324, they must notify the host authority—

(a)of that fact, and

(b)of the identity of that other [F9local authority].

(5)The [F9local authority] who, immediately before the beginning of the detention, were maintaining the statement must, on a request by the host authority, send a copy of the statement to the host authority.

(6)Subsections (7) and (8) apply where the person is released from detention in relevant youth accommodation.

(7)The host authority must notify the following of the person's release—

(a)the home authority, and

(b)if different, the authority who, immediately before the beginning of the detention, were maintaining the statement under section 324.

(8)If the home authority are not the authority who, immediately before the beginning of the detention, were maintaining the statement, the host authority must also notify the home authority—

(a)of the fact that immediately before the beginning of the detention a statement was being maintained for the person by a [F9local authority] under section 324, and

(b)of the identity of that authority.

(9)Nothing in this section requires any [F9local authority] to notify another authority of any matter of which the other authority are already aware, or to send a copy of any statement to another authority who already have a copy of it.

562HRelease of detained person appearing to host authority to require assessment

(1)This section applies in relation to the release from detention in relevant youth accommodation of a detained person in relation to whom section 562G does not apply.

(2)Subsection (3) applies where it appears to the host authority that the detained person will, on release, be a child within the meaning of Part 4.

(3)If the host authority are of the opinion that the person has, or may have, special educational needs, they must, on the person's release, notify the home authority of their opinion.

(4)Subsections (5) and (6) apply where, on release, the detained person—

(a)will be over compulsory school age, or

(b)will cease to be of compulsory school age within one year.

(5)If—

(a)the host authority are of the opinion that the person has, or may have, a learning difficulty (within the meaning of section 15ZA (6) and (7)), and

(b)the home authority are a [F9local authority] in England,

the host authority must, on the person's release, notify the home authority of their opinion.

(6)If—

(a)the host authority are of the opinion that the person has, or may have, a learning difficulty (within the meaning of section 41 of the Learning and Skills Act 2000 (assessments relating to learning difficulties: Wales)) and

(b)the home authority are a [F9local authority] in Wales,

the host authority must, on the person's release, notify the Welsh Ministers of their opinion.

Supplementary

562IGuidance

In performing their functions under this Chapter a [F9local authority] must have regard to any guidance issued by the appropriate national authority.

562JInterpretation of Chapter

(1)In this Chapter—

  • the appropriate national authority” means—

    (a)

    in relation to England, the Secretary of State;

    (b)

    in relation to Wales, the Welsh Ministers;

  • beginning of the detention”, in relation to a person detained in relevant youth accommodation, means—

    (a)

    the beginning of the period of detention in such accommodation, or

    (b)

    where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period;

  • detained person” has the meaning given by section 562A(3);

  • “the home authority”—

    (a)

    in relation to a child or young person who immediately before the beginning of the detention was, or at any time since then has been, a looked after child, means the [F9local authority] who are F25... looking after, or who have most recently been looking after, the person;

    (b)

    in relation to any other child or young person, means the [F9local authority] in whose area the person is ordinarily resident;

  • the host authority”, in relation to a child or young person detained in relevant youth accommodation, means the [F9local authority] in whose area the child or young person is detained;

  • looked after child” means a person who, for the purposes of the Children Act 1989 is a child looked after by a local authority; and references to the local authority looking after the person are to be read accordingly;

  • young person” includes a person aged 18.

(2)For the purposes of the definition of “beginning of the detention” in subsection (1), it is immaterial whether or not a period of detention is pursuant to a single order.

(3)In determining for the purpose of subsection (1) where a child or young person is ordinarily resident, any period when the person is subject to a detention order is to be disregarded.

(4)Regulations made by the appropriate national authority may make further provision for determining where a person is ordinarily resident for the purpose of that subsection.

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Amendments (Textual)

Commencement Information

I58S. 50 in force at 1.9.2010 for specified purposes for E. by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

I59S. 50 in force at 1.4.2011 for specified purposes for W. by S.I. 2011/829, art. 2(b)

51Detention of child or young person: [F10local authorities] to be notifiedE+W

After section 39 of the Crime and Disorder Act 1998 (c. 37) insert—

39ADetention of child or young person: [F10local authorities] to be notified

(1)Subsection (2) applies where a youth offending team becomes aware that—

(a)a child or young person has become subject to a detention order and is detained in relevant youth accommodation, or

(b)a child or young person who is subject to a detention order has been transferred from one place of accommodation to another which is relevant youth accommodation.

(2)The youth offending team must as soon as practicable notify—

(a)the home [F9local authority], and

(b)the host [F9local authority],

of the place where the child or young person is detained.

(3)Subsection (4) applies where a youth offending team becomes aware that a person has been released having immediately before release been—

(a)subject to a detention order, and

(b)detained in relevant youth accommodation.

(4)The youth offending team must as soon as practicable notify the following authorities of the release—

(a)the home [F9local authority];

(b)the host [F9local authority];

(c)any other [F9local authority] in whose area the youth offending team expects the person to live on release.

(5)Nothing in this section requires a youth offending team to notify a [F10local authority] of any matter of which the authority is already aware.

(6)In this section—

  • home [F9local authority]”, in relation to a child or young person, means the [F9local authority] which is the home authority in relation to that person within the meaning of Chapter 5A of Part 10 of the Education Act 1996 (persons detained in youth accommodation);

  • host [F9local authority]”, in relation to a child or young person who is detained in relevant youth accommodation, means the [F9local authority] for the area in which that person is detained;

  • [F26 “local authority” has the meaning given by section 579(1) of the Education Act 1996; ]  

  • young person” includes a person who is aged 18;

and references in this section to a person subject to a detention order and to relevant youth accommodation have the same meanings as they have in the Education Act 1996 (see section 562(1A) of that Act).

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Amendments (Textual)

Commencement Information

I60S. 51 in force at 1.9.2010 for E. by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

I61S. 51 in force at 1.4.2011 for W. by S.I. 2011/829, art. 2(c)

52Release from detention of child or young person with special educational needsE+W

(1)The Education Act 1996 (c. 56) is amended as follows.

(2)After section 312 insert—

312AChildren subject to detention

(1)No provision of, or made under, this Part applies in relation to a child who is subject to a detention order and detained in relevant youth accommodation.

(2)The following provisions of this section apply where a child who has been subject to a detention order is released having, immediately before release, been detained in relevant youth accommodation.

(3)Subject to subsection (6), a statement which was maintained for the child by a [F9local authority] under section 324 immediately before the beginning of the detention is, from the child's release, to be treated as being maintained by that authority under section 324.

(4)In subsection (3) “the beginning of the detention” means—

(a)the beginning of the period of detention in relevant youth accommodation, or

(b)where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period.

(5)For the purposes of subsection (4), it is immaterial whether or not a period of detention is pursuant to a single order.

(6)Where, on the child's release, a [F9local authority] (“the new authority”) other than the authority mentioned in subsection (3) (“the old authority”) becomes responsible for the child for the purposes of this Part—

(a)the old authority must transfer the statement to the new authority, and

(b)from the child's release, the statement is to be treated as being maintained by the new authority under section 324.

(3)In section 328(5) (reviews of educational needs), at the end of paragraph (a) (but before “and”) insert—

(aa)where the child concerned—

(i)has been subject to a detention order, and

(ii)immediately before release was detained in relevant youth accommodation,

on the child's release from detention,.

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Commencement Information

I62S. 52 in force at 1.9.2010 for E. by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

I63S. 52 in force at 1.4.2011 for W. by S.I. 2011/829, art. 2(d)

Transport in EnglandE+W

53Provision of transport etc for persons of sixth form age: duty to have regard to section 15ZA dutyE+W

In section 509AB(3) of the Education Act 1996 (c. 56) (provision of transport etc for persons of sixth form age in England: matters to which [F10local authorities] must have regard) after paragraph (b) insert—

(ba)what they are required to do under section 15ZA(1) in relation to persons of sixth form age,.

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Amendments (Textual)

Commencement Information

I64S. 53 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

54Transport policy statements for persons of sixth form age: consultationE+W

In section 509AB(6) of the Education Act 1996 (people to be consulted when preparing transport policy statements for persons of sixth form age in England), in paragraph (c), before “and” insert—

(ca)persons in the [F9 local authority]'s area who will be of sixth form age when the statement has effect, and their parents,.

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Commencement Information

I65S. 54 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 8-11)

55Transport policy statements for persons of sixth form age: content and publicationE+W

(1)In section 509AB of the Education Act 1996 (provision about transport policy statements for persons of sixth form age in England), after subsection (7) insert—

(7A)In preparing and publishing a statement under section 509AA, a [F9local authority] must have regard (among other things) to the need to—

(a)include in the statement sufficient information about the matters that the statement must specify, and

(b)publish the statement in time,

to enable persons who will be of sixth form age when the statement has effect and their parents to take reasonable account of those matters when choosing between different establishments at which education or training is provided.

(2)In section 509AA(10) of that Act (time by which transport policy statements for persons of sixth form age in England must be published) for “by substituting a different date for 31st May” substitute “ to change the time by which the statement must be published ”.

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Commencement Information

I66S. 55 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch. (with art. 3)

56Complaints about transport arrangements etc for persons of sixth form ageE+W

(1)The Education Act 1996 is amended as follows.

(2)After section 509AD ([F10local authorities] in England: duty to have regard to religion or belief in exercise of travel functions) insert— 

509AE Complaints about transport arrangements etc for persons of sixth form age in England

(1)A [F9local authority] may revise a statement prepared under section 509AA to change the arrangements specified under subsection (2) or (3) of that section if, as a result of a sixth form transport complaint, they have come to consider the change necessary for the purpose of the arrangements specified under the subsection in question.

(2)A [F9local authority] must revise a statement prepared under section 509AA to change the arrangements specified under subsection (2) or (3) of that section if, as a result of a sixth form transport complaint, the Secretary of State has directed them to do so.

(3)An authority that revise a statement under subsection (1) or (2) must publish the revised statement and a description of the revision as soon as practicable.

(4)The Secretary of State need not consider whether to exercise any power under sections 496 to 497A (powers to prevent unreasonable exercise of functions, etc), section 509AA(9) (power to require [F9local authority] to make additional transport arrangements), or subsection (2) of this section in response to a matter that is, or could have been, the subject of a sixth form transport complaint made to him or her unless satisfied that—

(a)the matter has been brought to the notice of the [F9local authority] concerned, and

(b)the authority have had a reasonable opportunity to investigate the matter and respond.

(5)In this section “sixth form transport complaint” means a complaint that is—

(a)about a [F9local authority]'s exercise of, or failure to exercise, a function under sections 509AA to 509AD in relation to persons of sixth form age, and

(b)made by a person who is, or will be, a person of sixth form age when the matter complained of has effect, or by a parent of such a person,

and “sixth form age” is to be construed in accordance with section 509AC(1).

(6)For the purposes of sections 509AA(8) and (9), 509AB(1) to (5), 509AC and 509AD, the revision of a statement under this section is to be treated as the preparation of a statement under section 509AA.

(7)Where a [F9local authority] have published in a single document a statement prepared under section 508G and a statement prepared under 509AA, the requirement to publish a revised statement under subsection (3) is to be treated as a requirement to publish a version of the document that includes the revised statement.

(3)In section 509AA (provision of transport etc for persons of sixth form age), at the end insert—

(11)Subsection (9) is subject to section 509AE (complaints about transport arrangements etc for persons of sixth form age in England).

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Commencement Information

I67S. 56 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch. (with art. 3)

57[F10Local authorities] in England: provision of transport etc for adult learnersE+W

(1)The Education Act 1996 (c. 56) is amended as follows.

(2)After section 508E ([F10Local authorities] in England: school travel schemes) insert—

508F[F10Local authorities] in England: provision of transport etc for adult learners

(1)A [F9local authority] in England must make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purposes mentioned in subsections (2) and (3).

(2)The first purpose is to facilitate the attendance of adults receiving education at institutions—

(a)maintained or assisted by the authority and providing further or higher education (or both), or

(b)within the further education sector.

(3)The second purpose is to facilitate the attendance of relevant young adults receiving education or training at institutions outside both the further and higher education sectors, but only in cases where the [F9local authority] have secured for the adults in question—

(a)the provision of education or training at the institution in question, and

(b)the provision of boarding accommodation under section 514A.

(4)Any transport provided under subsection (1) must be provided free of charge.

(5)In considering what arrangements it is necessary to make under subsection (1) in relation to relevant young adults, a [F9local authority] must have regard to what they are required to do under section 15ZA(1) in relation to those persons.

(6)In considering whether they are required by subsection (1) to make arrangements in relation to a particular adult, a [F9local authority] must have regard (among other things) to the age of the adult and the nature of the route, or alternative routes, which the adult could reasonably be expected to take.

(7)Arrangements made under subsection (1) by virtue of subsection (3) to facilitate full-time education or training at an institution outside both the further and higher education sectors must be no less favourable than the arrangements made for relevant young adults of the same age for whom the authority secure the provision of education at another institution.

(8)A [F9local authority] in England may pay all or part of the reasonable travelling expenses of an adult—

(a)receiving education or training at an institution mentioned in subsection (2) or (3), and

(b)for whose transport no arrangements are made under subsection (1).

(9)In this section—

  • adult” means a person who is neither a child nor a person of sixth form age,

  • sixth form age” is to be construed in accordance with section 509AC(1), and

  • relevant young adult” means an adult who is aged under 25 and is subject to learning difficulty assessment.

508G[F10Local authorities] in England: transport policy statements etc for young adults subject to learning difficulty assessment

(1)A [F9local authority] in England making arrangements, or proposing to pay travelling expenses, under section 508F in relation to relevant young adults must consult—

(a)any other [F9local authority] that they consider it appropriate to consult,

(b)governing bodies of institutions within the further education sector in the authority's area,

(c)persons in the [F9local authority]'s area who will be relevant young adults when the arrangements or payments have effect, and their parents,

(d)the Secretary of State, and

(e)any other person specified by the Secretary of State.

(2)The authority must prepare for each academic year a transport policy statement complying with the following requirements.

(3)The statement must specify any transport or other arrangements, and any payment of travelling expenses, made or to be made in relation to the year under section 508F in relation to relevant young adults.

(4)The statement must also specify any travel concessions (within the meaning of Part 5 of the Transport Act 1985) which are to be provided under any scheme established under section 93 of that Act to relevant young adults receiving education or training at an institution mentioned in subsection (2) or (3) of section 508F.

(5)The authority must publish the statement by the end of May in the year in which the relevant academic year begins.

(6)In preparing and publishing the statement, the authority must have regard (among other things) to the need to—

(a)include in the statement sufficient information about the matters that the statement must specify, and

(b)publish the statement in time,

to enable relevant young adults and their parents to take reasonable account of those matters when choosing between different institutions at which education or training is provided.

(7)The publication of a statement under this section in relation to an academic year does not prevent an authority from—

(a)making additional arrangements or payments under section 508F in relation to the academic year, or

(b)providing additional travel concessions in relation to the academic year.

(8)The Secretary of State may amend subsection (5) by order to change the time by which the statement must be published.

(9)In this section—

  • academic year” has the meaning given in section 509AC,

  • governing body” has the meaning given in section 509AC, and

  • relevant young adult” has the meaning given in section 508F.

508HGuidance: sections 508F and 508G

In making arrangements under section 508F(1) and preparing and publishing a statement under section 508G, a [F9local authority] must have regard to any guidance issued by the Secretary of State under this section.

508IComplaints about transport arrangements etc for young adults subject to learning difficulty assessment: England

(1)A [F9local authority] may revise a statement prepared under section 508G to change any matter specified under subsection (3) of that section if, as a result of a relevant young adult transport complaint, they have come to consider the change necessary for a purpose mentioned in section 508F(2) or (3).

(2)A [F9local authority] must revise a statement prepared under section 508G to change any matter specified in subsection (3) of that section if, as a result of a relevant young adult transport complaint, the Secretary of State has directed them to do so.

(3)An authority that revise a statement under subsection (1) or (2) must publish the revised statement and a description of the revision as soon as practicable.

(4)The Secretary of State need not consider whether to exercise any power under sections 496 to 497A (powers to prevent unreasonable exercise of functions, etc) or subsection (2) of this section in response to a matter that is, or could have been, the subject of a relevant young adult transport complaint made to him or her unless satisfied that—

(a)the matter has been brought to the notice of the [F9local authority] concerned, and

(b)the authority have had a reasonable opportunity to investigate the matter and respond.

(5)In this section “relevant young adult transport complaint” means a complaint that is—

(a)about a [F9local authority]'s exercise of, or failure to exercise, a function under section 508F or 508G in relation to relevant young adults, and

(b)made by a person who is, or will be, a relevant young adult when the matter complained of has effect, or by a parent of such a person,

and “relevant young adult” has the meaning given in section 508F.

(6)For the purposes of sections 508G(7) and 508H, the revision of a statement under this section is to be treated as the preparation of a statement under section 508G.

(7)Where a [F9local authority] have published in a single document a statement prepared under section 509AA and a statement prepared under 508G, the requirement to publish a revised statement under subsection (3) is to be treated as a requirement to publish a version of the document that includes the revised statement.

(3)In section 509AD(2) ([F10Local authorities] in England: duty to have regard to religion or belief in exercise of travel functions) for the entry relating to section 508F substitute—

section 508F ([F10Local authorities] in England: provision of transport etc for adult learners);.

(4)Section 509 (provision of transport etc) ceases to have effect.

(5)Section 81 of the Education and Inspections Act 2006 (c. 40) ([F10Local authorities] in England: provision of transport etc for certain adult learners) ceases to have effect.

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Commencement Information

I68S. 57 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 8-11)

Powers in respect of non-maintained schoolsE+W

58Power of [F10local authorities] to arrange provision of education at non-maintained schoolsE+W

(1)The following provisions cease to have effect—

(a)section 128 of the School Standards and Framework Act 1998 (c. 31), and

(b)paragraph 64 of Schedule 30 to that Act.

(2)Accordingly, sections 16 and 18 of the Education Act 1996 (c. 56) (powers of [F10local authorities] to assist, and arrange provision of education at, non-maintained schools) continue to have effect as if the provisions mentioned in subsection (1) had never been enacted.

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Amendments (Textual)

GeneralE+W

59Minor and consequential amendmentsE+W

Schedule 2 contains minor and consequential amendments relating to the provision made by this Part.

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Commencement Information

I69S. 59 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch.

I70S. 59 in force at 1.4.2010 for specified purposes by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

I71S. 59 in force at 1.9.2010 in so far as not already in force by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

Part 3E+W+S+N.I.The Young People's Learning Agency for England

Chapter 1E+WEstablishment

F2760The Young People's Learning Agency for EnglandE+W

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Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Chapter 2E+W+S+N.I.Main functions

FundingE+W

F2761Provision of financial resourcesE+W

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Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F2762Financial resources: conditionsE+W

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Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F2763

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Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F2764Means testsE+W

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Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F2765Prohibition on chargingE+W

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Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Securing provision of education and trainingE+W

F2766Securing provision of education and trainingE+W

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Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F2767Intervention for purpose of securing provision of education and trainingE+W

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Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Provision of services and assistanceE+W+S+N.I.

F2768Provision of servicesE+W+S+N.I.

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Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F2769Assistance with respect to employment and trainingE+W+S

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Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F2770Assistance with respect to employment and training: Northern IrelandE+W+N.I.

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Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

MiscellaneousE+W

F2771Research, information and adviceE+W

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Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F27[F2871A.]Assistance etc. in relation to functions of the principal regulatorE+W

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Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F2772Guidance by YPLAE+W

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Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F2773Intervention powers: policy statementE+W

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Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F2774Power to confer supplementary functions on YPLAE+W

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Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Chapter 3E+WYPLA's functions: supplementary

F2775Directions by Secretary of StateE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F2776Guidance by Secretary of StateE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Chapter 4E+WAcademy agency arrangements

F2777Academy agency arrangementsE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F2778Grants for purposes of Academy agency arrangements functionsE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F2779Academy agency arrangements: information sharingE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Chapter 5E+WGeneral

F2780Interpretation of PartE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F27Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Part 4E+W+S+N.I.The Chief Executive of Skills Funding

Chapter 1E+WEstablishment and main duties

The Chief ExecutiveE+W

81The Chief Executive of Skills FundingE+W

(1)There is to be a Chief Executive of Skills Funding.

(2)In this Part that person is referred to as “the Chief Executive”.

(3)The Chief Executive is to be appointed by the Secretary of State.

(4)Except as provided for in section 107, 108 or 109, the Chief Executive is to perform the functions of the office in relation to England only.

(5)Schedule 4 makes further provision about the Chief Executive.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I72S. 81 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Apprenticeship functionsE+W

82Apprenticeship functionsE+W

(1)The Secretary of State may direct the Chief Executive to arrange for apprenticeship functions specified in the direction to be carried out on behalf of the Chief Executive by a person designated by the Chief Executive.

(2)The Secretary of State may give directions to the Chief Executive—

(a)as to the performance of apprenticeship functions;

(b)as to the description or identity of the person to be designated under subsection (1);

(c)as to the terms of arrangements under that subsection;

(d)requiring the Chief Executive to secure that the person designated under subsection (1) reports to the Secretary of State, in such form and at such times as may be specified in the direction, on the performance of apprenticeship functions which are the subject of arrangements under subsection (1).

(3)A designation of a person under subsection (1) may be made only with the person's consent.

(4)Arrangements made by virtue of subsection (1) may be made on terms that permit sub-delegation; and the power conferred by subsection (2)(c) includes power to give directions as to—

(a)the arrangements for any such sub-delegation;

(b)functions which may be sub-delegated;

(c)the description or identity of persons to whom functions may be sub-delegated.

(5)In this section, “apprenticeship functions” means functions of the office which relate to—

(a)apprenticeship certificates;

(b)recognised English frameworks and the specification of apprenticeship standards for England;

(c)apprenticeship training;

F29(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the provision of advice and assistance to the Secretary of State under section 106.

(6)Terms used in subsection (5)(a) and (b) have the same meanings as in Chapter 1 of Part 1.

(7)Regulations may provide—

(a)for any provision relating to a function of the office made by or under any Act—

(i)not to apply, or

(ii)to apply subject to prescribed modifications,

in relation to the function where the function is the subject of arrangements under subsection (1);

(b)for references to the Chief Executive in any such provisions to be construed in prescribed circumstances as, or as including, references—

(i)to a person designated under subsection (1), or

(ii)to a person to whom functions are sub-delegated under subsection (4),

subject to such exceptions or modifications as may be prescribed.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F29S. 82(5)(d) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 4; S.I. 2012/1087, art. 3

Commencement Information

I73S. 82 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Apprenticeship training for persons aged 16 to 18 and certain young adultsE+W

83[F30Power to secure provision of apprenticeship training]E+W

(1)The Chief Executive may secure the provision of facilities for suitable apprenticeship training for persons—

(a)who are over compulsory school age but under 19, or

(b)who are aged 19 or over but under 25 and are subject to learning difficulty assessment.

(2)In deciding for the purposes of subsection (1) whether apprenticeship training is suitable for persons for whom facilities are provided, the Chief Executive must have regard (in particular) to—

(a)the persons' ages, abilities and aptitudes,

(b)any learning difficulties the persons may have,

(c)the quality of the training,

(d)the locations and times at which the training is provided.

(3)In exercising the power conferred by subsection (1), the Chief Executive must have regard (in particular) to the desirability of—

(a)encouraging diversity of apprenticeship training available to persons;

(b)increasing opportunities for persons to exercise choice;

(c)enabling persons to whom Part 1 of the Education and Skills Act 2008 (c. 25) applies to fulfil the duty imposed by section 2 of that Act (duty to participate in education or training).

(4)Subsections (6) and (7) of section 15ZA of the Education Act 1996 (c. 56) (meaning of learning difficulty) apply for the purposes of this section as they apply for the purposes of that section.

(5)In this Part “apprenticeship training” means training provided in connection with—

(a)an apprenticeship agreement,

(b)any other contract of employment, or

(c)any other kind of working in relation to which alternative English completion conditions apply under section 1(5).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F30S. 83 heading substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 5; S.I. 2012/1087, art. 3

Commencement Information

I74S. 83 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

[F3183AThe apprenticeship offerE+W

(1)The Chief Executive must secure the provision of proper facilities for apprenticeship training that is suitable to the requirements of persons who—

(a)are within subsection (4), (5) or (6), and

(b)have an apprenticeship opportunity.

This is subject to section 83B (limit on scope of apprenticeship offer).

(2)The duty imposed by subsection (1) is referred to in this section and section 83B as “the apprenticeship offer”.

(3)An apprenticeship opportunity is an opportunity to—

(a)enter into an apprenticeship agreement,

(b)enter into any other contract of employment in connection with which training will be provided in accordance with an apprenticeship framework, or

(c)undertake any other kind of working—

(i)in relation to which alternative English completion conditions apply under section 1(5), and

(ii)in connection with which training will be provided in accordance with an apprenticeship framework.

(4)A person within this subsection is one who is over compulsory school age but under 19.

(5)A person within this subsection is one who is not within subsection (4) and—

(a)is a person aged under 21 towards whom a local authority in England has the duties provided for in section 23C of the Children Act 1989 (continuing functions in relation to certain formerly looked after children), or

(b)is a person to whom section 23CA of that Act applies (further assistance for certain formerly looked after children aged under 25), in relation to whom a local authority in England is the responsible local authority (within the meaning of that section).

(6)A person within this subsection is one who—

(a)is not within subsection (4), and

(b)is of a prescribed description.

(7)If regulations under subsection (6)(b) describe a person by reference to an age or an age range, the age, or the upper age of the age range, must be less than 25.

(8)Facilities are proper if they are—

(a)of a quantity sufficient to meet the reasonable needs of individuals, and

(b)of a quality adequate to meet those needs.

(9)Section 83(2) and (3) (when apprenticeship training is suitable, and matters to which Chief Executive must have regard) apply for the purposes of the apprenticeship offer.

(10)In complying with the apprenticeship offer the Chief Executive must make the best use of the Chief Executive's resources.

(11)In this section “apprenticeship framework” has the meaning given by section 12.

(12)The Secretary of State may by order amend this section for the purpose of changing the descriptions of persons to whom the apprenticeship offer applies.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F31Ss. 83A, 83B inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 69(2), 82(3); S.I. 2012/1087, art. 3

83BLimit on scope of the apprenticeship offerE+W

(1)The Chief Executive is not required by the apprenticeship offer to secure the provision of facilities for apprenticeship training at a particular level for a person who—

(a)has already completed an English apprenticeship in relation to an apprenticeship framework at that level, or

(b)holds an apprenticeship certificate at that level.

(2)For the purposes of this section apprenticeship training is at a particular level if it might reasonably be expected to lead to the issue of an apprenticeship certificate at that level.

(3)The following provisions of Chapter 1 of Part 1 apply for the purposes of this section—

  • section 1 (meaning of “completing an English apprenticeship”);

  • section 12 (meaning of apprenticeship framework and level of an apprenticeship framework).

(4)In this section “apprenticeship certificate” means an apprenticeship certificate issued under section 3 or 4.

(5)A reference in this section to an apprenticeship certificate at any level includes a reference to a certificate or other evidence (including a certificate awarded or evidence provided by a person outside England) which appears to the Chief Executive to be evidence of experience and attainment at a comparable or higher level.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F31Ss. 83A, 83B inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 69(2), 82(3); S.I. 2012/1087, art. 3

84Arrangements and co-operation with [F10local authorities]E+W

(1)The Chief Executive may enter into arrangements with [F10local authorities] in England under which the Chief Executive is to secure the provision of apprenticeship training by virtue of section 83 [F32or 83A] .

(2)The Chief Executive must co-operate with a [F9local authority] in England where the authority is—

(a)making any determination as to the provision of apprenticeship training that should be secured under section 15ZA(1) of the Education Act 1996 (duty in respect of education and training for persons over compulsory school age: England), or

(b)securing the provision of any apprenticeship training under that section.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F32Words in s. 84(1) inserted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 6; S.I. 2012/1087, art. 3

Commencement Information

I75S. 84 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

85 [F33Provision of apprenticeship training etc for persons within section 83 or 83A] E+W

(1)The Chief Executive must—

[F34(a)make reasonable efforts to secure that employers participate in the provision of apprenticeship training for all persons who are within section 83(1)(a) or (b) or section 83A(4), (5) or (6);]

(b)encourage employers to contribute to the costs of [F35apprenticeship training] for such persons.

(2)For the purposes of subsection (1)(a), participating in the provision of [F36apprenticeship] training includes participating by entering into—

(a)an apprenticeship agreement, or

(b)any other contract of employment in connection with which training is provided.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F33S. 85 heading substituted (1.9.2012) by Education Act 2011 (c. 21), ss. 70(2)(d), 82(3); S.I. 2012/1087, art. 3

F34S. 85(1)(a) substituted (1.9.2012) by Education Act 2011 (c. 21), ss. 70(2)(a), 82(3); S.I. 2012/1087, art. 3

F35Words in s. 85(1)(b) substituted (1.9.2012) by Education Act 2011 (c. 21), ss. 70(2)(b), 82(3); S.I. 2012/1087, art. 3

F36Word in s. 85(2) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 70(2)(c), 82(3); S.I. 2012/1087, art. 3

Commencement Information

I76S. 85 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Education and training for persons aged 19 or over etc.E+W

86Education and training for persons aged 19 or over and others subject to adult detentionE+W

(1)The Chief Executive must secure the provision of reasonable facilities for—

(a)education suitable to the requirements of persons who are aged 19 or over, other than persons aged under 25 who are subject to learning difficulty assessment,

(b)education suitable to the requirements of persons who are subject to adult detention, and

(c)training suitable to the requirements of persons within paragraphs (a) and (b).

(2)This section does not apply to the provision of facilities to the extent that section [F3783A or] 87 applies to the provision of those facilities.

(3)Facilities are reasonable if (taking account of the Chief Executive's resources) their quantity and quality are such that the Chief Executive can reasonably be expected to secure their provision.

(4)In discharging the duty under subsection (1) the Chief Executive must—

(a)take account of the places where facilities are provided, the character of facilities and the way they are equipped;

(b)take account of the different abilities and aptitudes of different persons;

(c)take account of the education and skills required in different sectors of employment for employees and potential employees;

(d)take account of facilities the provision of which the Chief Executive thinks might reasonably be secured by other persons;

(e)act with a view to encouraging diversity of education and training available to individuals;

(f)act with a view to increasing opportunities for individuals to exercise choice;

(g)have regard to the desirability of enabling persons subject to adult detention to continue programmes of education or training which they have begun;

(h)have regard to the desirability of the core entitlement F38... being satisfied for persons subject to adult detention but aged under 19 F38...;

(i)make the best use of resources.

(5)For the purposes of this section a reference to the provision of facilities for education or training (except so far as relating to facilities for persons subject to adult detention) includes a reference to the provision of facilities for organised leisure-time occupation in connection with education or (as the case may be) training.

(6)For the purposes of this section—

  • education” includes full-time and part-time education;

  • training” includes—

    (a)

    full-time and part-time training;

    (b)

    vocational, social, physical and recreational training;

    (c)

    apprenticeship training.

(7)In this Part, “organised leisure-time occupation” means leisure-time occupation, in such organised cultural training and recreational activities as are suited to the requirements of persons who fall within subsection (1)(a) or (b), for any such persons who are able and willing to profit by facilities provided for that purpose.

[F39(8)Section 17C of the Education Act 1996 (the core entitlement) applies for the purposes of subsection (4)(h).]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F37Words in s. 86(2) inserted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 7; S.I. 2012/1087, art. 3

F38Words in s. 86(4)(h) omitted (15.1.2012) by virtue of Education Act 2011 (c. 21), ss. 30(8)(a), 82(2)(b)

F39S. 86(8) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 30(8)(b), 82(2)(b)

Commencement Information

I77S. 86 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

87Learning aims for persons aged 19 or over: provision of facilitiesE+W

(1)The Chief Executive must secure the provision of proper facilities for relevant education or training for persons falling within subsection (3) which is suitable to their requirements.

(2)Relevant education or training is education or vocational training provided by means of a course of study for a qualification to which paragraph 1 of Schedule 5 applies.

(3)The persons falling within this subsection are persons who—

(a)are aged 19 or over, and are not persons aged under 25 who are subject to learning difficulty assessment,

(b)do not have the qualification in question or one (including one awarded by a person outside England) which appears to the Chief Executive to be at a comparable or higher level, and

(c)satisfy such conditions as may be specified in regulations.

(4)Facilities are proper if they are—

(a)of a quantity sufficient to meet the reasonable needs of individuals, and

(b)of a quality adequate to meet those needs.

(5)In discharging the duty under subsection (1) the Chief Executive must—

(a)take account of the places where facilities are provided, the character of facilities and the way they are equipped;

(b)take account of the different abilities and aptitudes of different persons;

(c)take account of the education and training required in different sectors of employment for employees and potential employees;

(d)act with a view to encouraging diversity of education and training available to individuals;

(e)act with a view to increasing opportunities for individuals to exercise choice;

(f)make the best use of the Chief Executive's resources.

(6)For the purposes of this section—

  • education” includes full-time and part-time education;

  • training” includes full-time and part-time training.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I78S. 87 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

88Learning aims for persons aged 19 or over: payment of tuition feesE+W

(1)Functions under this Part must be exercised by the Chief Executive so as to secure that a course of study for a qualification to which [F40paragraph 1(a) or (b)] of Schedule 5 applies is free to a person falling within subsection (2) if it is provided for the person by virtue of facilities whose provision is secured under section 87.

(2)A person falls within this subsection if, at the time of starting the course in question, the person—

(a)is aged 19 or over,

(b)does not have the qualification in question or one (including one awarded by a person outside England) which appears to the Chief Executive to be at a comparable or higher level, and

(c)satisfies such conditions as may be specified in regulations.

[F41(2A)Functions under this Part must be exercised by the Chief Executive so as to secure that a course of study for a qualification to which paragraph 1(c) of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 87.]

(3)Functions under this Part must be exercised by the Chief Executive so as to secure that a course of study for a qualification to which paragraph 2 of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 86.

(4)A person falls within this subsection if, at the time of starting the course in question, the person—

(a)is aged at least 19 but less than [F4224 ] ,

(b)does not have the qualification in question or one (including one awarded by a person outside England) which appears to the Chief Executive to be at a comparable or higher level, and

(c)satisfies such conditions as may be specified in regulations.

(5)The Secretary of State may by order—

(a)amend subsection (2)(a) by substituting a different age for the age for the time being referred to;

(b)amend subsection (4)(a) by substituting a different age for either of the ages for the time being referred to.

(6)For the purposes of this section, a course is free to a person if no tuition fees in respect of the provision of the course for the person are payable by a person other than—

(a)the Chief Executive, or

(b)a body specified by order by the Secretary of State for the purposes of this section.

(7)In subsection (6) “tuition fees”, in relation to a course, means—

(a)the fees charged in respect of the course by the person providing it, and

(b)such fees in respect of other matters relating to the course (such as undergoing a preliminary assessment or sitting an examination) as may be specified in regulations.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F40Words in s. 88(1) substituted (1.8.2012) by Education Act 2011 (c. 21), ss. 73(2)(a), 82(3); S.I. 2012/1087, art. 2

F42Word in s. 88(4)(a) substituted (1.8.2012 for specified purposes, 1.8.2013 in so far as not already in force) by Education Act 2011 (c. 21), ss. 73(2)(c), 82(3); S.I. 2012/1087, art. 2; S.I. 2012/2213, art. 4

Commencement Information

I79S. 88 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

89Sections 87 and 88: supplementaryE+W

(1)Regulations may make provision as to circumstances in which—

(a)despite having a specified qualification, a person is to be treated for the purposes of section 87 or 88 as not having that qualification;

(b)despite not having a specified qualification, a person is to be treated for any of those purposes as having that qualification.

(2)A condition specified in regulations under section 87 or 88 may, in particular, relate to—

(a)the possession, or lack, of a specified qualification;

(b)the completion of, or failure to complete, a course for a specified qualification.

(3)A reference in subsection (1) or (2) to a specified qualification is to a qualification specified, or of a description specified, in the regulations.

(4)Regulations under this section, or under section 87 or 88, may confer a function (which may relate to the administration of an assessment and may include the exercise of a discretion) on a person specified, or of a description specified, in the regulations.

(5)Nothing in section 87 or 88 applies to the provision of facilities, or to courses of study, for persons subject to adult detention.

(6)Part 2 of Schedule 5 makes further provision for the purposes of sections 87 and 88.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I80S. 89 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

90Encouragement of education and training for persons aged 19 or over and others subject to adult detentionE+W

(1)The Chief Executive must—

(a)encourage participation by persons within section 86(1)(a) and (b) in education and training within the Chief Executive's remit;

(b)encourage employers to participate in the provision of education and training within the Chief Executive's remit for persons within section 86(1)(a);

(c)encourage employers to contribute to the costs of education and training within the Chief Executive's remit for such persons.

(2)For the purposes of subsection (1)(b), participating in the provision of training includes participating by entering into—

(a)an apprenticeship agreement, or

(b)any other contract of employment in connection with which training is provided.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I81S. 90 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Prospective

The apprenticeship offerE+W

F4391Duty to secure availability of apprenticeship placesE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4392Election for apprenticeship offerE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4393Meaning of “apprenticeship place”E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4394Suitability and availability of apprenticeship places: further provisionE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4395Apprenticeship offer requirementsE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4396Apprenticeship offer requirements: interpretationE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4397Suspension of offerE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4398Power to amend apprenticeship offerE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4399Apprenticeship offer: interpretationE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Chapter 2E+W+S+N.I.Other functions

FundingE+W

100Provision of financial resourcesE+W

(1)The Chief Executive may secure the provision of financial resources to—

(a)persons providing or proposing to provide education or training within the Chief Executive's remit;

(b)persons providing or proposing to provide goods or services in connection with the provision by others of such education or training;

(c)persons receiving or proposing to receive such education or training;

(d)persons aged 18 receiving or proposing to receive education or training;

(e)persons making loans to others receiving or proposing to receive education or training;

(f)persons providing or proposing to provide courses falling within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1988 (c. 40) (courses in preparation for professional examinations at a higher level or providing education at a higher level);

(g)persons undertaking or proposing to undertake research relating to education or training;

(h)persons carrying out means tests under arrangements made under section 103;

F44(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).

(2)In performing the functions under this section the Chief Executive must make the best use of the Chief Executive's resources.

(3)The Chief Executive may secure the provision of financial resources under subsection (1)—

(a)by providing the resources;

(b)by making arrangements for the provision of resources by another person;

(c)by making arrangements for the provision of resources by persons jointly (whether or not including the Chief Executive).

(4)The Chief Executive may under subsection (1)(c) secure the provision of financial resources by reference to—

(a)any fees or charges payable by the person receiving or proposing to receive the education or training, or

(b)any other matter (such as transport or childcare).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F44S. 100(1)(i) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 9; S.I. 2012/1087, art. 3

Commencement Information

I82S. 100 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

101Financial resources: conditionsE+W

(1)Financial resources provided by the Chief Executive may be provided subject to conditions.

(2)The conditions may include—

(a)information conditions;

(b)operational conditions;

(c)repayment conditions.

(3)Information conditions are conditions which—

(a)require the Chief Executive, or a person designated by the Chief Executive, to be given access to a person's accounts and documents and to be given rights in relation to a person's computers and associated apparatus and material, or

(b)require a person to whom financial resources are provided to give to the Chief Executive such information as the Chief Executive may request for the purpose of carrying out the functions of the office.

(4)Operational conditions are conditions which require a person providing or proposing to provide education or training (“the provider”) to make arrangements providing for all or any of the matters mentioned in subsection (5).

(5)The matters are the following—

(a)the charging of fees by the provider by reference to specified criteria;

(b)the making of awards by the provider by reference to specified criteria;

(c)the recovery by the provider of amounts from persons receiving education or training or from employers (or from both);

(d)the determination of amounts by reference to specified criteria where provision is made under paragraph (c);

(e)the operation of specified exemptions where provision is made under paragraph (c);

(f)the making by the provider of provision specified in a report of an assessment under section 139A or 140 of the Learning and Skills Act 2000 (c. 21) (assessments relating to learning difficulties).

(6)Repayment conditions are conditions which—

(a)enable the Chief Executive to require the repayment (in whole or part) of sums paid by the Chief Executive if any of the conditions subject to which the sums were paid is not complied with;

(b)require the payment of interest in respect of any period in which a sum due to the Chief Executive in accordance with any condition is unpaid.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I83S. 101 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

102Performance assessmentsE+W

(1)The Chief Executive may adopt or develop schemes for the assessment of the performance of persons in providing education or training within the Chief Executive's remit.

(2)The Chief Executive may take the assessments into account in deciding how to exercise the powers under section 100.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I84S. 102 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

103Means testsE+W

(1)The Chief Executive may—

(a)carry out means tests;

(b)arrange for other persons to carry out means tests.

(2)The Chief Executive may take the results of the tests into account in exercising the power under section 100(1)(c), (d) or (e).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I85S. 103 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Apprenticeships: generalE+W

F45104Assistance and support in relation to apprenticeship placesE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

105Promoting progression from level 2 to level 3 apprenticeshipsE+W

(1)The Chief Executive must promote the desirability of persons within subsection (2) undertaking apprenticeship training at level 3.

(2)The persons are those who—

(a)are undertaking apprenticeship training at level 2,

(b)have completed an English apprenticeship in relation to an apprenticeship framework at level 2, or

(c)hold an apprenticeship certificate at level 2.

(3)For the purposes of this section apprenticeship training is at a particular level if it might reasonably be expected to lead to the issue of an apprenticeship certificate at that level.

(4)The following provisions of Chapter 1 of Part 1 apply for the purposes of this section—

  • section 1 (meaning of “completing an English apprenticeship”);

  • section 12 (meaning of apprenticeship framework and level of an apprenticeship framework).

[F46(5)In this section “apprenticeship certificate” means an apprenticeship certificate issued under section 3 or 4.]

[F46(6)A reference in this section to an apprenticeship certificate at any level includes a reference to a certificate or other evidence (including a certificate awarded or evidence provided by a person outside England) which appears to the Chief Executive to be evidence of experience and attainment at a comparable or higher level.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F46S. 105(5)(6) substituted for s. 105(5) (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 11; S.I. 2012/1087, art. 3

Commencement Information

I86S. 105 in force at 6.4.2011 by S.I. 2011/200, art. 3

106Advice and assistance in relation to apprenticeshipsE+W

The Chief Executive must, on request, provide the Secretary of State with advice and assistance in relation to the exercise of the Secretary of State's functions under Chapter 1 of Part 1.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I87S. 106 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Provision of services and assistanceE+W+S+N.I.

107Provision of servicesE+W+S+N.I.

(1)The Chief Executive may make arrangements with a permitted recipient for the provision by the Chief Executive of services that are required by the permitted recipient in connection with the exercise of the recipient's functions relating to education or training.

(2)The services that may be provided under arrangements made under subsection (1) include—

(a)providing accommodation and other facilities to a permitted recipient or managing such facilities on behalf of a permitted recipient;

(b)procuring, or assisting in procuring, goods and services for use by a permitted recipient.

(3)The terms and conditions upon which the arrangements are made may include provision for making payments to the Chief Executive in respect of expenditure incurred by the Chief Executive in performing any function under the arrangements.

(4)In this section “permitted recipient” means—

(a)the Secretary of State;

(b)the Welsh Ministers;

(c)the Scottish Ministers;

(d)a Northern Ireland department;

F47(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)a person, wholly or partly funded from public funds, who has functions relating to education or training;

(g)any other person specified, or of a description specified, by order made by the appropriate national authority for the purposes of this section.

(5)Before making arrangements under which it may provide services to a permitted recipient who falls within any of paragraphs (b) to (g) of subsection (4) in connection with the exercise of the recipient's functions relating to education or training provided in Wales, Scotland or Northern Ireland, the Chief Executive must obtain the consent of the Secretary of State.

(6)Before making arrangements under which it may provide services to a permitted recipient who falls within paragraph (a), (e), (f) or (g) of subsection (4) in connection with the exercise of the recipient's functions relating to education or training provided in Wales, Scotland or Northern Ireland, the Chief Executive must obtain—

(a)in relation to education or training provided in Wales, the consent of the Welsh Ministers;

(b)in relation to education or training provided in Scotland, the consent of the Scottish Ministers;

(c)in relation to education or training provided in Northern Ireland, the consent of the Minister for Employment and Learning in Northern Ireland.

(7)Consent may be given under subsection (5) or (6) in relation to particular arrangements or arrangements of a particular description.

(8)The appropriate national authority” means—

(a)in relation to a person exercising functions relating only to education or training provided in Wales, the Welsh Ministers;

(b)in relation to a person exercising functions relating only to education or training provided in Scotland, the Scottish Ministers;

(c)in relation to a person exercising functions relating only to education or training provided in Northern Ireland, the Department for Employment and Learning in Northern Ireland;

(d)in any other case, the Secretary of State.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F47S. 107(4)(e) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 47; S.I. 2012/924, art. 2

Commencement Information

I88S. 107 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

108Assistance with respect to employment and trainingE+W+S

(1)The Chief Executive may take part in arrangements made by the Secretary of State, the Welsh Ministers or the Scottish Ministers under section 2 of the Employment and Training Act 1973 (c. 50) (arrangements for assisting persons to select, train for, obtain and retain employment).

(2)Before making such arrangements in relation to Wales or Scotland in which the Chief Executive is to take part, the Secretary of State must obtain the consent of the Welsh Ministers or (as the case may be) the Scottish Ministers to the arrangements.

(3)Before making such arrangements in which the Chief Executive is to take part, the Welsh Ministers or the Scottish Ministers must obtain the consent of the Secretary of State to the arrangements.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I89S. 108 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

109Assistance with respect to employment and training: Northern IrelandE+W+N.I.

(1)The Chief Executive may take part in any arrangements made by the Department for Employment and Learning in Northern Ireland under section 1 of the Employment and Training Act (Northern Ireland) 1950 (c. 29 (N.I.)) (arrangements for assisting persons to select, train for, obtain and retain employment).

(2)Before making such arrangements in which the Chief Executive is to take part, the Department must obtain the consent of the Secretary of State to the arrangements.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I90S. 109 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

MiscellaneousE+W

110Research, information and adviceE+W

(1)The Chief Executive may carry out programmes of research and development connected with any matter relevant to the functions of the office.

(2)If requested to do so by the Secretary of State, the Chief Executive must provide the Secretary of State with information or advice on such matters relating to any of the functions of the office as may be specified in the request.

(3)The Chief Executive may provide the Secretary of State with other information or advice on any matter in relation to which the Chief Executive has a function.

(4)The Chief Executive may provide any person designated by the Secretary of State with information about any matter in relation to which the Chief Executive has a function.

(5)The Chief Executive must establish systems for collecting information designed to secure that decisions of the Chief Executive with regard to education and training are made on a sound basis.

(6)The Chief Executive may secure the provision of facilities and services for providing information, advice or guidance about education or training or connected matters (including employment).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I91S. 110 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

111Power to confer supplementary functions on Chief ExecutiveE+W

(1)The Secretary of State may by order confer supplementary functions on the Chief Executive.

(2)A supplementary function is a function which is—

(a)exercisable in connection with functions of the Secretary of State, and

(b)relevant to the provision of facilities for education or training within the Chief Executive's remit.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I92S. 111 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Chapter 3E+WChief Executive's functions: supplementary

StrategiesE+W

F48112Strategies for functions of Chief ExecutiveE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F48Ss. 112-114 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 73(3), 82(3); S.I. 2012/924, art. 2

F48113

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F48Ss. 112-114 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 73(3), 82(3); S.I. 2012/924, art. 2

F48114Strategies: duty of Chief ExecutiveE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F48Ss. 112-114 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 73(3), 82(3); S.I. 2012/924, art. 2

OtherE+W

115Persons with learning difficultiesE+W

(1)The Chief Executive must, in performing the functions of the office, have regard to the needs of persons with learning difficulties to whom this section applies.

(2)This section applies to—

(a)persons who are aged 19 or over, other than persons aged under 25 who are subject to learning difficulty assessment, and

(b)persons who are subject to adult detention.

(3)For the purposes of this section, a person has a learning difficulty if—

(a)the person has a significantly greater difficulty in learning than the majority of persons of the same age, or

(b)the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions providing education or training falling within section 86(1)(a), (b) or (c).

(4)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.

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Commencement Information

I93S. 115 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

116Persons subject to adult detentionE+W

The Chief Executive must, in performing the functions of the office, have regard to the needs of persons subject to adult detention.

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Commencement Information

I94S. 116 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

117Use of information by Chief ExecutiveE+W

The Chief Executive must, in performing the functions of the office, have regard to information supplied to the Chief Executive by any person designated for the purposes of this section by the Secretary of State.

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Commencement Information

I95S. 117 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

118GuidanceE+W

(1)The Chief Executive must, in performing the functions of the office, have regard to any guidance given by the Secretary of State.

[F49(1A)Guidance under this section must include guidance about the performance by the Chief Executive of the duty imposed by section 85(1)(a).]

(2)Guidance under this section may include in particular guidance about—

(a)consultation with persons mentioned in subsection (3) in connection with the taking of decisions which affect such persons, and

(b)taking advice from such persons or descriptions of persons as may be specified in the guidance.

(3)The persons are—

(a)persons receiving or proposing to receive education or training within the Chief Executive's remit,

(b)employers, or

(c)such other persons or descriptions of persons as may be specified in the guidance.

(4)Guidance under this section about consultation with persons falling within subsection (3)(a) must provide for the views of such persons to be considered in the light of their age and understanding.

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Amendments (Textual)

F49S. 118(1A) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 70(3), 82(3); S.I. 2012/1087, art. 3

Commencement Information

I96S. 118 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

[F50118ADirections: consultationE+W

(1)The Secretary of State may direct the Chief Executive to carry out consultation in connection with matters related to the performance of any of the functions of the office.

(2)A direction under this section may (in particular) specify—

(a)the persons, or descriptions of persons, to be consulted;

(b)the way in which the consultation is to be carried out.]

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Amendments (Textual)

119Directions: funding of qualificationsE+W

(1)The Secretary of State may direct the Chief Executive that financial resources provided by the Chief Executive to a relevant institution or employer must be provided subject to a condition that the institution or employer does not make an excluded payment which can reasonably be said to consist of or come from financial resources received from the Chief Executive.

(2)A direction under subsection (1) relating to a qualification may be made after any course of training or education leading to the qualification has begun.

(3)In this section—

  • “an excluded payment” is a payment which —

    (a)

    is in respect of a qualification to which Part 7 applies (see section 130) that is specified or of a description specified in the direction, and

    (b)

    is made to the person who awards that qualification;

  • relevant institution or employer” means an institution or employer who provides or is proposing to provide a course of training or education for persons who are aged 19 or over which leads to a qualification to which Part 7 applies.

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Commencement Information

I97S. 119 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

120Other directions relating to functions of the officeE+W

(1)The Secretary of State may give directions to the Chief Executive containing—

(a)objectives which the Chief Executive should achieve in carrying out the functions of the office, and

(b)time limits within which the Chief Executive should achieve the objectives.

(2)The Secretary of State may give to the Chief Executive other directions as to the performance of any of the functions of the office if the Secretary of State is satisfied that the Chief Executive—

(a)has failed to discharge a duty imposed by or under any Act, or

(b)has acted or is proposing to act unreasonably with respect to the performance of any function conferred by or under any Act.

(3)The Secretary of State may give directions under subsection (2) despite any provision made by or under any Act making the performance of a function dependent on the Chief Executive's opinion.

(4)Directions given under this section with respect to functions conferred on the Chief Executive by or under this Part may not concern the provision of financial resources to a particular person or persons.

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Commencement Information

I98S. 120 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Chapter 4E+WGeneral

121Interpretation of PartE+W

(1)In this Part—

  • apprenticeship agreement” has the meaning given by section 32(1);

  • apprenticeship training” has the meaning given by section 83;

  • functions of the office” means functions of the Chief Executive conferred by or under any Act;

  • organised leisure-time occupation” has the meaning given by section 86.

(2)In this Part a reference to education within the Chief Executive's remit is a reference to—

(a)education falling within section 86(1)(a) or (b), and

(b)organised leisure-time occupation in connection with such education.

(3)In this Part a reference to training within the Chief Executive's remit is a reference to—

(a)training falling within section 83(1),

[F51(aa)training falling within section 83A(1),]

(b)training falling within section 86(1)(c), and

(c)organised leisure-time occupation in connection with training falling within section 86(1)(c).

(4)For the purposes of this Part a person is subject to adult detention if the person is subject to a detention order and—

(a)aged 19 or over, or

(b)aged under 19 and detained in—

(i)a young offender institution, or part of such an institution, that is used wholly or mainly for the detention of persons aged 18 and over, or

(ii)a prison.

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Amendments (Textual)

Commencement Information

I99S. 121 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Part 5 E+WParts 2 to 4: supplementary

InformationE+W

122Sharing of information for education and training purposesE+W

(1)A person within subsection (3) may provide information to another person within that subsection, or a person within subsection (4), for the purpose of enabling or facilitating the exercise of any relevant function.

(2)A person within subsection (4) may provide information to a person within subsection (3) for the purpose of enabling or facilitating the exercise of any relevant function.

(3)The persons within this subsection are—

(a)the Chief Executive;

(b)the [F52Secretary of State] ;

(c)a designated person;

(d)a member of the Chief Executive's staff;

(e)a member of staff of a designated person;

(f)a person providing services to any person within paragraphs (a) to (c).

(4)The persons within this subsection are—

(a)a [F9local authority] in England;

(b)a person providing services to a [F9local authority] in England [F53in connection with its education functions].

(5)In subsections (1) and (2), “relevant function” means—

(a)any function of the Chief Executive,

(b)any function of the [F54Secretary of State relating to education or training] , or

[F55(c)any education function of a local authority in England,]

other than a function under this section.

(6)In this section—

  • the Chief Executive” means the Chief Executive of Skills Funding;

  • designated person” means a person by whom any function of the Chief Executive is exercisable by virtue of section 82(1);

  • member of staff of a designated person” means a person—

    (a)

    appointed by a designated person to assist the designated person in connection with the performance of any function exercisable by the designated person by virtue of section 82(1), or

    (b)

    exercising any function of the Chief Executive by virtue of section 82(4);

  • member of the Chief Executive's staff” means—

    (a)

    a member of the Chief Executive's staff appointed by the Chief Executive under paragraph 3 of Schedule 4, or

    (b)

    a member of staff provided to the Chief Executive by the Secretary of State under arrangements under paragraph 5 of that Schedule.

(7)Nothing in this section—

(a)affects any power to disclose information that exists apart from this section, or

(b)authorises the disclosure of any information in contravention of any provision made by or under any Act which prevents disclosure of the information.

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Amendments (Textual)

Commencement Information

I100S. 122 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

The Learning and Skills Council for EnglandE+W

123Dissolution of the Learning and Skills Council for EnglandE+W

(1)The Learning and Skills Council for England ceases to exist on the day on which this section comes into force.

(2)Schedule 6 contains minor and consequential amendments in relation to the dissolution of the Learning and Skills Council for England.

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Commencement Information

I101S. 123 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 13, 14) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

124Dissolution of the Learning and Skills Council: transfer schemesE+W

Schedule 7 contains provision about schemes for the transfer of staff, property, rights and liabilities from the Learning and Skills Council for England to other persons.

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Commencement Information

I102S. 124 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Part 6 E+WThe sixth form college sector

125Sixth form college sectorE+W

Schedule 8 makes provision about the sixth form college sector.

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Commencement Information

I103S. 125 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch.

I104S. 125 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

126Removal of power to establish sixth form schoolsE+W

(1)In section 16 of the Education Act 1996 (c. 56) (power to establish etc. primary and secondary schools) after subsection (3) insert—

(3A)A [F9local authority] in England may not under subsection (1) establish a school which is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under 19.

(2)The Education and Inspections Act 2006 (c. 40) is amended as follows.

(3)In section 7 (invitation for proposals for establishment of new schools) after subsection (5) insert—

(5A)A [F9local authority] may not publish under this section proposals within subsection (5)(b) for the establishment of a school providing education suitable only to the requirements of persons above compulsory school age.

(4)In section 10 (publication of proposals with consent of Secretary of State) in subsection (1)(a) after “school” insert “ , other than one providing education suitable only to the requirements of persons above compulsory school age ”.

(5)In section 11 (publication of proposals to establish maintained schools: special cases) omit subsections (1)(b) and (2)(a).

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Amendments (Textual)

Commencement Information

I105S. 126 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

Part 7 E+W+N.I.The Office of Qualifications and Examinations Regulation

Chapter 1E+W+N.I.Establishment, objectives and general duties

EstablishmentE+W+N.I.

127The Office of Qualifications and Examinations RegulationE+W+N.I.

(1)There is to be a body corporate known as the Office of Qualifications and Examinations Regulation.

(2)In this Part that body is referred to as “Ofqual”.

(3)Schedule 9 makes further provision about Ofqual.

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Commencement Information

I106S. 127 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Objectives and general dutiesE+W+N.I.

128ObjectivesE+W+N.I.

(1)Ofqual's objectives are—

(a)the qualifications standards objective,

(b)the assessments standards objective,

(c)the public confidence objective,

(d)the awareness objective, and

(e)the efficiency objective.

[F56(2)The qualifications standards objective is to secure that—

(a)regulated qualifications give a reliable indication of knowledge, skills and understanding, and

(b)regulated qualifications indicate —

(i)a consistent level of attainment (including over time) between comparable regulated qualifications, and

(ii)a consistent level of attainment (but not over time) between regulated qualifications and comparable qualifications (including those awarded outside the United Kingdom) which are not qualifications to which this Part applies.]

(3)The assessments standards objective is to promote the development and implementation of regulated assessment arrangements which—

(a)give a reliable indication of achievement, and

(b)indicate a consistent level of attainment (including over time) between comparable assessments.

(4)The public confidence objective is to promote public confidence in regulated qualifications and regulated assessment arrangements.

(5)The awareness objective is to promote awareness and understanding of—

(a)the range of regulated qualifications available,

(b)the benefits of regulated qualifications to learners, employers and institutions within the higher education sector, and

(c)the benefits of recognition under section 132 to bodies awarding or authenticating qualifications to which this Part applies.

(6)The efficiency objective is to secure that regulated qualifications are provided efficiently and in particular that any relevant sums payable to a body awarding or authenticating a qualification in respect of which the body is recognised under section 132 represent value for money.

(7)For the purposes of subsection (6) a sum is relevant if it is payable in respect of the award or authentication of the qualification in question.

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Amendments (Textual)

Commencement Information

I107S. 128 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

129General dutiesE+W+N.I.

(1)So far as reasonably practicable, in performing its functions Ofqual must act in a way—

(a)which is compatible with its objectives, and

(b)which it considers most appropriate for the purpose of meeting its objectives.

(2)So far as relevant, in performing its functions Ofqual must have regard to—

(a)the need to ensure that the number of regulated qualifications available for award or authentication is appropriate;

(b)the other reasonable requirements of relevant learners, including persons with learning difficulties;

(c)the reasonable requirements of pupils and children, including persons with learning difficulties, in relation to regulated assessment arrangements;

(d)the reasonable requirements of industry, commerce, finance, the professions and other employers regarding education and training (including required standards of practical competence);

(e)the reasonable requirements of institutions within the higher education sector;

(f)information provided to Ofqual by a person falling within subsection (4);

(g)the desirability of facilitating innovation in connection with the provision of regulated qualifications;

(h)the specified purposes of regulated assessment arrangements.

(3)For the purposes of subsection (2)(a) the number of regulated qualifications available for award or authentication is appropriate if the number is such that—

(a)there is a reasonable level of choice for learners, in terms of both the number of different regulated qualifications and the number of different forms of such qualifications, but

(b)the number of different regulated qualifications in similar subject areas or serving similar functions is not excessive.

(4)The persons falling within this subsection are—

F57(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)Her Majesty's Chief Inspector of Education, Children's Services and Skills;

(a)such other relevant persons, or relevant persons of such a description, as the Secretary of State may direct.

(5)In subsection (4)(c) “relevant person” means a person who appears to the Secretary of State to have knowledge of, or expertise in, requirements of a kind mentioned in subsection (2)(d).

(6)In performing its functions Ofqual must also have regard to such aspects of government policy as the Secretary of State may direct.

(7)The Secretary of State must publish a direction given under subsection (6).

(8)Ofqual must perform its functions efficiently and effectively.

(9)Persons with learning difficulties” means—

(a)children with special educational needs (as defined in section 312 of the Education Act 1996 (c. 56)), and

(b)other persons who—

(i)have a significantly greater difficulty in learning than the majority of persons of their age, or

(ii)have a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for persons of their age.

(10)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.

(11)Relevant learner” means a person seeking to obtain, or who may reasonably be expected to seek to obtain, a regulated qualification.

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Amendments (Textual)

F57S. 129(4)(a) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 23; S.I. 2012/924, art. 2

Commencement Information

I108S. 129 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Regulated qualifications and regulated assessment arrangementsE+W+N.I.

130Meaning of “regulated qualifications” etc.E+W+N.I.

(1)In this Part a “regulated qualification” means a qualification to which this Part applies which is awarded or authenticated by a body which is recognised under section 132 in respect of the qualification.

(2)This Part applies to any of the following qualifications which is not an excluded qualification—

(a)an academic or vocational qualification awarded or authenticated in England;

(b)a vocational qualification awarded or authenticated in Northern Ireland.

(3)An excluded qualification is any of the following—

(a)a foundation degree;

(b)a first degree;

(c)a degree at a higher level.

(4)For the purposes of subsection (2) a qualification is awarded or authenticated in England or Northern Ireland if there are, or may reasonably be expected to be, persons seeking to obtain the qualification who are, will be or may reasonably be expected to be assessed for those purposes wholly or mainly in England or Northern Ireland (as the case may be).

(5)The Secretary of State may by order repeal subsection (2)(b).

(6)An order under subsection (5) may make amendments and repeals to a provision of, or in an instrument made under, this or any other Act (including any Act passed after this Act) in consequence of the repeal of subsection (2)(b).

(7)Before making an order under subsection (5) the Secretary of State must consult the Department for Employment and Learning in Northern Ireland.

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Commencement Information

I109S. 130 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

131Meaning of “regulated assessment arrangements” etc.E+W+N.I.

(1)This section applies for the purposes of this Part.

(2)Regulated assessment arrangements” means—

(a)NC assessment arrangements, and

(b)EYFS assessment arrangements.

(3)NC assessment arrangements” means arrangements made under or by virtue of an order made under section 87(3)(c) of the Education Act 2002 (c. 32) for assessing pupils in England in respect of each key stage for the specified purposes.

(4)In subsection (3)—

  • assessing” includes testing;

  • key stage” has the same meaning as in Part 6 of the Education Act 2002 (c. 32) (see section 76 of that Act).

(5)EYFS assessment arrangements” means arrangements made under or by virtue of an order made under section 39(1)(a) of the Childcare Act 2006 (c. 21) for assessing children in England for the specified purposes.

(6)The specified purposes” in relation to regulated assessment arrangements—

(a)if the arrangements are NC assessment arrangements, has the same meaning as in section 76(1) of the Education Act 2002;

(b)if the arrangements are EYFS assessment arrangements, has the same meaning as in section 41(2)(c) of the Childcare Act 2006.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I110S. 131 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Chapter 2E+W+N.I.Functions in relation to qualifications

Recognition of awarding bodiesE+W+N.I.

132RecognitionE+W+N.I.

(1)Ofqual must recognise an awarding body in respect of the award or authentication of a specified qualification, or description of qualification, to which this Part applies if—

(a)the awarding body has applied for recognition in the respect in question, and

(b)the body meets the applicable criteria for recognition most recently published under section 133.

(2)Ofqual may not recognise an awarding body if the requirements set out in paragraphs (a) and (b) of subsection (1) are not met by the body.

(3)A recognition—

(a)has effect from such date as Ofqual may specify,

(b)is subject to the general conditions,

(c)if in respect of a qualification subject to the accreditation requirement, is subject to an accreditation condition, and

(d)is subject to such other conditions that Ofqual may impose at the time of recognition or later.

(4)But Ofqual may, at the time of recognition or later, determine that a specified recognition is not to be subject to a specified general condition.

(5)An accreditation condition in respect of a qualification subject to the accreditation requirement is a condition requiring that the recognised body may award or authenticate a particular form of the qualification only if, at the time of the award or authentication, that form of the qualification is accredited under section 139.

(6)Ofqual may not charge an awarding body in respect of recognition.

(7)If Ofqual refuses an application for recognition it must provide the awarding body with a statement setting out the reasons for its decision.

(8)In this section “the general conditions”, in respect of a recognition of an awarding body, means the general conditions for the time being in force under section 134 which are applicable to the recognition and the body.

(9)In this Chapter—

  • awarding body” means a person who awards or authenticates, or who proposes to award or authenticate, a qualification to which this Part applies;

  • recognised body” means an awarding body recognised under this section;

  • a “recognition” means a recognition under this section.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I111S. 132 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

133Criteria for recognitionE+W+N.I.

(1)Ofqual must set and publish the criteria for recognition under section 132.

(2)Different criteria may be set for—

(a)recognition of different descriptions of awarding bodies;

(b)recognition in respect of different qualifications or different descriptions of qualifications;

(c)recognition in respect of credits in respect of different components of qualifications or different descriptions of components of qualifications.

(3)Ofqual may revise the criteria.

(4)If Ofqual revises the criteria it must publish them as revised.

(5)Before setting or revising the criteria Ofqual must consult such persons as it considers appropriate.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I112S. 133 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

134General conditions of recognitionE+W+N.I.

(1)Ofqual must set and publish the general conditions to which a recognition is to be subject.

(2)Different general conditions may be set for—

(a)recognition of different descriptions of awarding bodies;

(b)recognition in respect of different qualifications or different descriptions of qualifications;

(c)recognition in respect of credits in respect of different components of qualifications or different descriptions of components of qualifications.

(3)Ofqual may revise the general conditions.

(4)If Ofqual revises the general conditions it must publish them as revised.

(5)Before setting or revising the general conditions Ofqual must consult such persons as it considers appropriate.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I113S. 134 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

135Other conditions of recognitionE+W+N.I.

(1)The conditions of recognition that Ofqual may impose under section 132(3)(d) include in particular—

(a)fee capping conditions;

(b)entry and inspection conditions.

(2)Fee capping conditions are conditions limiting the amount of a fee chargeable by a recognised body for—

(a)the award or authentication of a qualification in respect of which the body is recognised, or

(b)the provision of any other service in relation to such a qualification.

(3)Entry and inspection conditions are conditions requiring permission to enter premises for the purposes of inspecting and copying documents so far as necessary for Ofqual—

(a)to satisfy itself that the appropriate standards are being maintained by a recognised body in relation to the award or authentication of any qualification in respect of which the body is recognised, or

(b)to determine whether to impose a fee capping condition and, if so, what that condition should be.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I114S. 135 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

136Fee capping conditions: supplementaryE+W+N.I.

(1)Ofqual may impose a fee capping condition limiting the amount of a particular fee only if satisfied that the limit is necessary in order to secure value for money.

(2)Before imposing a fee capping condition in respect of a recognition Ofqual must give notice to the recognised body of its intention to do so.

(3)The notice must—

(a)set out Ofqual's reasons for proposing to impose the fee capping condition, and

(b)specify the period during which, and the way in which, the recognised body may make representations about the proposal.

(4)Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to impose the fee capping condition.