Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

Part 1 E+W+S Apprenticeships, study and training

[F1 CHAPTER A1 E+W+S Apprenticeships: England

Annotations:

Amendments (Textual)

F1 Pt. 1 Ch. A1 inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 1 (with Sch. 1 para. 28); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

A1 Meaning of “approved English apprenticeship” etc E+W+S

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

(2) An approved English apprenticeship is an arrangement which—

(a) takes place under an approved English apprenticeship agreement, or

(b) is an alternative English apprenticeship,

and, in either case, satisfies any conditions specified in regulations made by the Secretary of State.

(3) An approved English apprenticeship agreement is an agreement which—

(a) provides for a person (“the apprentice”) to work for another person for reward in a sector for which the Secretary of State has published an approved apprenticeship standard under section A2,

(b) provides for the apprentice to receive training in order to assist the apprentice to achieve the approved apprenticeship standard in the work done under the agreement, and

(c) satisfies any other conditions specified in regulations made by the Secretary of State.

(4) An alternative English apprenticeship is an arrangement, under which a person works, which is of a kind described in regulations made by the Secretary of State.

(5) Regulations under subsection (4) may, for example, describe arrangements which relate to cases where a person—

(a) works otherwise than for another person;

(b) works otherwise than for reward.

(6) A person completes an approved English apprenticeship if the person achieves the approved apprenticeship standard while doing an approved English apprenticeship.

(7) The “approved apprenticeship standard”, in relation to an approved English apprenticeship, means the standard which applies in relation to the work to be done under the apprenticeship (see section A2).

A2 Approved apprenticeship standards E+W+S

(1) The Secretary of State must publish standards for such sectors of work as the Secretary of State thinks appropriate for the purposes of this Chapter.

(2) Each standard must be—

(a) prepared by the Secretary of State, or

(b) prepared by another person and approved by the Secretary of State.

(3) Each standard must—

(a) describe the sector of work to which it relates, and

(b) if there is more than one standard for that sector, describe the kind of work within that sector to which it relates.

(4) Each standard must set out the outcomes that persons seeking to complete an approved English apprenticeship are expected to achieve.

(5) The Secretary of State may—

(a) publish a revised version of a standard, or

(b) withdraw a standard (with or without publishing another in its place).

(6) Revisions of a standard may be—

(a) prepared by the Secretary of State, or

(b) prepared by another person and approved by the Secretary of State.

A3 Power to issue apprenticeship certificate E+W+S

(1) The Secretary of State may issue a certificate (“an apprenticeship certificate”) to a person who applies for it if it appears to the Secretary of State that the person has completed an approved English apprenticeship.

(2) The Secretary of State may by regulations make provision about—

(a) the manner in which applications under subsection (1) must be made;

(b) the supply by the Secretary of State of copies of apprenticeship certificates issued under that subsection to persons to whom they were issued.

(3) The Secretary of State may charge a fee for issuing an apprenticeship certificate or supplying a copy only if, and to the extent that, the charging of the fee is authorised by regulations.

A4 Delegation E+W+S

(1) Any function of the Secretary of State under this Chapter may be carried out by a person designated by the Secretary of State.

(2) Subsection (1) does not apply to any power of the Secretary of State to make regulations.

(3) A person designated under this section must—

(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 revoked.

A5 English apprenticeship agreements: status E+W+S

(1) To the extent that it would otherwise be treated as being a contract of apprenticeship, an approved English 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 approved English 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.

A6 English apprenticeship agreements: supplementary provision E+W+S

(1) If an agreement—

(a) contains provision which satisfies the conditions mentioned in section A1(3)(a) to (c), but

(b) also contains other provision which is inconsistent with those conditions,

the other provision is to be treated as having no effect.

(2) Before an agreement which satisfies the conditions mentioned in section A1(3)(a) to (c) is varied in such a way that it no longer satisfies one or more of those conditions, the person for whom the apprentice is working must give the apprentice a written notice.

(3) The written notice must explain that, if the variation takes effect, the agreement will cease to be an approved English apprenticeship agreement.

(4) If an agreement is varied in breach of the requirement under subsection (2), the variation has no effect.

A7 Crown servants and parliamentary staff E+W+S

(1) Section A1(3) applies 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 it applies in relation to any other agreement under which a person is to work for another (and this Chapter applies accordingly).

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

(3) Section A5(2) does not apply in relation to an approved English 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 A1(3)(c) may be exercised, in particular, to make provision in relation to an agreement within any of paragraphs (a), (b) and (c) of subsection (1) that differs from provision made in relation to other agreements under which a person is to work for another.

(5) The Secretary of State may by regulations provide for any provision of this Chapter 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 an 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;

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

[F2 A8 Progress reports E+W+S

(1) No later than nine months after the end of each reporting period the Secretary of State must publish—

(a) information about the progress made in the reporting period towards the apprenticeships target, and

(b) any other information about apprenticeships that the Secretary of State considers appropriate,

and must lay before Parliament a report setting out the information or indicating how it may be accessed.

(2) “The apprenticeships target” is that three million apprenticeships are entered into in England during the period beginning with 1 May 2015 and ending with 31 March 2020.

(3) The reporting periods are—

(a) the period beginning with 1 May 2015 and ending with 31 July 2016;

(b) the period beginning with 1 August 2016 and ending with 31 July 2017;

(c) the period beginning with 1 August 2017 and ending with 31 July 2018;

(d) the period beginning with 1 August 2018 and ending with 31 July 2019;

(e) the period beginning with 1 August 2019 and ending with 31 March 2020.

(4) In this section “apprenticeships” means—

(a) approved English apprenticeships;

(b) apprenticeship agreements within the meaning given in section 32;

(c) arrangements to 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 is to be provided in accordance with an apprenticeship framework within the meaning given in section 12.

A reference to a section in paragraph (b) or (c) is to the section as it applies in relation to England by virtue of provision made under section 115(9) of the Deregulation Act 2015.]

Annotations:

Amendments (Textual)

F2 S. A8 inserted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 2(1), 36(2)(a)

[F3 A9 Public sector apprenticeship targets E+W+S

(1) The Secretary of State may by regulations set apprenticeship targets for prescribed public bodies.

(2) An “apprenticeship target”, in relation to a public body, is a target relating to the number of persons (“apprentices”) who work for the body under an apprenticeship agreement.

(3) Public bodies for which apprenticeship targets are set under this section must have regard to—

(a) the targets, and

(b) any applicable guidance issued by the Secretary of State in relation to the targets.

(4) The Secretary of State may require a public body to provide any information that the Secretary of State needs for the purpose of exercising functions under this section.

(5) Regulations under this section may set apprenticeship targets for—

(a) a prescribed public body,

(b) a prescribed part of a public body,

(c) a prescribed group of public bodies, or

(d) public bodies of a prescribed description.

A reference in this section to a public body includes a reference to a prescribed part of a public body or a prescribed group of public bodies.

(6) The regulations must specify the period to which each apprenticeship target relates.

(7) In this section—

• “apprenticeship agreement” means—

  (a)

  an approved English apprenticeship agreement;

  (b)

  an apprenticeship agreement within the meaning given in section 32 as it applies in relation to England by virtue of provision made under section 115(9) of the Deregulation Act 2015;

• “public body” means—

  (a)

  a public authority, or

  (b)

  a body or other person that is not a public authority but has functions of a public nature and is funded wholly or partly from public funds.]

Annotations:

Amendments (Textual)

F3 Ss. A9, A10 inserted (4.7.2016) by Enterprise Act 2016 (c. 12), ss. 24(1), 44(2)(c)

[F3 A10 Further provision about apprenticeship targets E+W+S

(1) A public body for which an apprenticeship target is set must—

(a) publish and send to the Secretary of State the information specified in subsection (2), and

(b) send to the Secretary of State any other prescribed information,

within six months after the end of each reporting period of the body in the target period.

(2) The information referred to in subsection (1)(a) is—

(a) the number of employees whose employment in England by the body began in the reporting period in question (“figure A”);

(b) the number of apprentices who began to work for the body in that period and whose apprenticeship agreements also began in that period (“figure B”);

(c) figure B expressed as a percentage of figure A;

(d) the number of employees employed in England that the body has at the end of that period (“figure C”);

(e) the number of apprentices who work for the body at the end of that period (“figure D”);

(f) figure D expressed as a percentage of figure C;

(g) if that reporting period is the first reporting period in the target period, the number of apprentices who worked for the body immediately before that period.

(3) The information that may be prescribed under subsection (1)(b) includes—

(a) information about action that the body has taken to meet an apprenticeship target set for it;

(b) if the public body has failed to meet an apprenticeship target set for it, an explanation of why the target has not been met;

(c) information about action that the body proposes to take to meet an apprenticeship target set for the body for a period that has not yet expired (“a future target”);

(d) if the body considers that a future target is not likely to be met, an explanation of why that is so.

(4) Regulations may specify how the information is to be published or sent.

(5) A body's “reporting periods” in the target period are—

(a) so much of the first financial year of the body to end in the target period as falls within that period,

(b) each subsequent financial year of the body which falls wholly within the target period, and

(c) if the target period ends during a financial year of the body, so much of that financial year as falls within that period.

(6) But, where the target period in relation to a body does not exceed 12 months, the Secretary of State may direct in writing that for the purposes of this section the body is to be treated as having one reporting period which coincides with the target period.

(7) Where, by virtue of section A9(5)(c) or (d) a target is set for more than one public body, regulations may specify which body's financial year is to be used to determine the reporting periods under subsection (5).

(8) In this section—

• “apprenticeship agreement” has the meaning given by section A9(7);

• “apprenticeship target” has the meaning given by section A9(2);

• “public body” has the meaning given by section A9(7);

• “target period”, in relation to an apprenticeship target, means the period specified under section A9(6) as the period to which the target relates.

Annotations:

Amendments (Textual)

F3 Ss. A9, A10 inserted (4.7.2016) by Enterprise Act 2016 (c. 12), ss. 24(1), 44(2)(c)

Chapter 1 E+W [F4 Apprenticeships: Wales]

Annotations:

Amendments (Textual)

F4 Pt. 1 Ch. 1 heading substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 6; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F5 ... E+W

Annotations:

Amendments (Textual)

F5 S. 1 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 7; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F5 1 Meaning of “completing an English apprenticeship” E+W

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

2 Meaning 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.

Annotations:

Commencement Information

I1 S. 2 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(a)

F6 ... E+W

Annotations:

Amendments (Textual)

F6 Ss. 3-6 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 8; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F6 3 Duty to issue: England E+W

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F6 4 Power to issue: England E+W

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F6 5 Issue by the English certifying authority: supplementary E+W

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F6 6 The English certifying authority E+W

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Apprenticeship certificates: Wales E+W

7 Duty to issue: Wales E+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.

Annotations:

Commencement Information

I2 S. 7 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(b)

8 Power to issue: Wales E+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.

Annotations:

Commencement Information

I3 S. 8 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(c)

9 Issue by the Welsh certifying authority: supplementary E+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.

Annotations:

Commencement Information

I4 S. 9 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(d)

10 The Welsh certifying authority E+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.

Annotations:

Commencement Information

I5 S. 10 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(e)

Contents of apprenticeship certificate: F7 ...Wales E+W

Annotations:

Amendments (Textual)

F7 Words in s. 11 cross-heading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 9(c); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

11 Contents of apprenticeship certificate E+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 [F8 the Welsh Ministers] may by regulations require to be stated in a certificate of that description.

F9 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F8 Words in s. 11(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 9(a); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F9 S. 11(3) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 9(b); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

Commencement Information

I6 S. 11 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I7 S. 11 in force at 10.5.2013 for W. by S.I. 2013/1100, art. 2(2)(a)

Apprenticeship frameworks: F10 ... Wales E+W

Annotations:

Amendments (Textual)

F10 Words in s. 12 cross-heading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 10(b); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

12 Apprenticeship frameworks: interpretation E+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.

F11 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Annotations:

Amendments (Textual)

F11 S. 12(3) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 10(a); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

Commencement Information

I8 S. 12 in force at 1.3.2011 for E. by S.I. 2011/200, art. 2

I9 S. 12 in force at 10.5.2013 for W. by S.I. 2013/1100, art. 2(2)(b)

F12 ... E+W

Annotations:

Amendments (Textual)

F12 Ss. 13-17 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 11; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F12 13 English issuing authority E+W

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F12 14 Issue: England E+W

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F12 15 Recognised English frameworks: notification and publication E+W

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F12 16 Submission of draft framework for issue: England E+W

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F12 17 Transitional provision: England E+W

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Apprenticeship frameworks: Wales E+W

18 Welsh issuing authority E+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.

Annotations:

Commencement Information

I10 S. 18 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(f)

19 Issue: Wales E+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.

Annotations:

Commencement Information

I11 S. 19 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(g)

20 Recognised Welsh frameworks: notification and publication E+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.

Annotations:

Commencement Information

I12 S. 20 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(h)

21 Submission of draft framework for issue: Wales E+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:

Commencement Information

I13 S. 21 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(i)

22 Transitional provision: Wales E+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:

Commencement Information

I14 S. 22 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(j)

F13 ... E+W

Annotations:

Amendments (Textual)

F13 Ss. 23-27 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 12; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F13 23 Duty to prepare and submit draft specification: England E+W

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

F13 24 Order bringing specification into effect E+W

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

F13 25 Modification: England E+W

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

F13 26 Replacement or modification: recognised English frameworks E+W

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

F13 27 Contents of specification of apprenticeship standards for England E+W

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

Specification of apprenticeship standards: Wales E+W

28 Specification of apprenticeship standards for Wales E+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:

Commencement Information

I15 S. 28 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(k)

29 Modification: Wales E+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:

Commencement Information

I16 S. 29 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(l)

30 Replacement or modification: recognised Welsh frameworks E+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:

Commencement Information

I17 S. 30 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(m)

31 Contents of specification of apprenticeship standards for Wales E+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.

Annotations:

Commencement Information

I18 S. 31 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(n)

Apprenticeship agreements: F14 ... Wales E+W

Annotations:

Amendments (Textual)

F14 Words in s. 32 cross-heading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 13; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

32 Meaning 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—

F15 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a recognised Welsh framework.

Annotations:

Amendments (Textual)

F15 S. 32(6)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 14; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

Commencement Information

I19 S. 32 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I20 S. 32 in force at 1.8.2011 for W. by S.I. 2011/200, art. 4

33 Ineffective provisions E+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).

Annotations:

Commencement Information

I21 S. 33 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I22 S. 33 in force at 1.8.2011 for W. by S.I. 2011/200, art. 4

34 Variation E+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.

Annotations:

Commencement Information

I23 S. 34 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I24 S. 34 in force at 1.8.2011 for W. by S.I. 2011/200, art. 4

35 Status E+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.

Annotations:

Commencement Information

I25 S. 35 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I26 S. 35 in force at 1.8.2011 for W. by S.I. 2011/200, art. 4

36 Crown servants and Parliamentary staff E+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 F16 ... 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.

Annotations:

Amendments (Textual)

F16 Words 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

I27 S. 36 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I28 S. 36 in force at 1.8.2011 for W. by S.I. 2011/200, art. 4

Duty to participate in education or training: England E+W

37 Duty to participate in education or training: apprenticeship agreements E+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 ”.

Annotations:

Commencement Information

I29 S. 37 in force at 6.4.2011 by S.I. 2011/200, art. 3

General E+W

38 Apprenticeship sectors E+W

(1) [F17 The Welsh Ministers] 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 [F18 the Welsh Ministers] encompass the full range of skills, trades and occupations.

Annotations:

Amendments (Textual)

F17 Words in s. 38(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 15(a); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F18 Words in s. 38(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 15(b); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

Commencement Information

I30 S. 38 in force at 1.3.2011 by S.I. 2011/200, art. 2

39 Interpretation of Chapter E+W

(1) In this Chapter—

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

• “apprenticeship certificate” means a certificate issued under section F19 ... 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;

• F20 ...

• F20 ...

• F20 ...

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

• F20 ...

• “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.

Annotations:

Amendments (Textual)

F19 Words in s. 39(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 16(a); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F20 Words in s. 39(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 16(b); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

Commencement Information

I31 S. 39 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I32 S. 39 in force at 10.5.2013 for W. by S.I. 2013/1100, art. 2(2)(c)

Chapter 2 E+W+S Study and training

40 Employer support for employee study and training E+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+S Study and training

63D Statutory 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.

63E Section 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.

63F Employer'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.

63G Regulations 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.

63H Employee'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).

63I Complaints 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.

63J Remedies

(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).

63K Supplementary

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

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

47F “Study 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—

104E “Study 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.]

Annotations:

Commencement Information

I33 S. 40 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

[F21 PART 1A E+W+S Apprenticeships: information sharing

Annotations:

Amendments (Textual)

F21 Pt. 1A inserted (4.7.2016) by Enterprise Act 2016 (c. 12), ss. 26(1), 44(5); S.I. 2016/695, art. 2(a)

England E+W+S

40A Sharing of information by HMRC and the Secretary of State E+W+S

(1) HMRC may disclose information held by them to the Secretary of State for the purpose of the Secretary of State's functions in relation to English statutory apprenticeships.

(2) The Secretary of State may disclose information to HMRC—

(a) for the purpose of requesting HMRC to disclose information under subsection (1), or

(b) for another purpose connected with the Secretary of State's functions in relation to English statutory apprenticeships.

(3) In this section “English statutory apprenticeships” means—

(a) approved English apprenticeships within the meaning given in section A1;

(b) apprenticeships undertaken under apprenticeship agreements within the meaning given in section 32 that were entered into in connection with recognised English frameworks;

(c) apprenticeships in relation to which alternative English completion arrangements apply under section 1(5);

(d) apprenticeships undertaken under arrangements made in relation to England under section 2 of the Employment and Training Act 1973 that are identified by the person making them as arrangements for the provision of apprenticeships.

Wales, Scotland and Northern Ireland E+W+S

40B Sharing of information by HMRC and devolved authorities E+W+S

(1) HMRC may disclose information held by them—

(a) to a Welsh authority for the purpose of the authority's functions in relation to Welsh apprenticeships;

(b) to a Scottish authority for the purpose of the authority's functions in relation to Scottish apprenticeships;

(c) to a Northern Irish authority for the purpose of the authority's functions in relation to Northern Irish apprenticeships.

(2) An authority mentioned in paragraph (a), (b) or (c) of subsection (1) may disclose information to HMRC—

(a) for the purpose of requesting HMRC to disclose information to the authority under subsection (1), or

(b) for another purpose connected with the authority's functions mentioned in subsection (1).

(3) In this section—

• “Northern Irish apprenticeships” means apprenticeships undertaken under arrangements made under section 1 of the Employment and Training Act (Northern Ireland) 1950 that are identified by the person making them as arrangements for the provision of apprenticeships;

• “Northern Irish authority” means—

  (a)

  a Northern Ireland department, and

  (b)

  any body or other person that is prescribed, or of a prescribed description;

• “Scottish apprenticeships” means apprenticeships undertaken under arrangements made—

  (a)

  in relation to Scotland, under section 2 of the Employment and Training Act 1973, or

  (b)

  under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990,

  that are identified by the person making them as arrangements for the provision of apprenticeships;

• “Scottish authority” means—

  (a)

  the Scottish Ministers, and

  (b)

  any body or other person that is prescribed, or of a prescribed description;

• “Welsh apprenticeships” means—

  (a)

  apprenticeships undertaken under apprenticeship agreements within the meaning given in section 32 that were entered into in connection with recognised Welsh frameworks;

  (b)

  apprenticeships in relation to which alternative Welsh completion arrangements apply under section 2(5);

  (c)

  apprenticeships undertaken under arrangements made in relation to Wales under—

  (i)

  section 2 of the Employment and Training Act 1973, or

  (ii)

  section 17B of the Jobseekers Act 1995,

  that are identified by the person making them as arrangements for the provision of apprenticeships;

• “Welsh authority” means—

  (a)

  the Welsh Ministers, and

  (b)

  any body or other person that is prescribed, or of a prescribed description.

(4) In subsection (3)—

(a) the reference to a Northern Ireland department includes a reference to a person providing services to a Northern Ireland department;

(b) the reference to the Scottish Ministers includes a reference to a person providing services to the Scottish Ministers;

(c) the reference to the Welsh Ministers includes a reference to a person providing services to the Welsh Ministers.

(5) Regulations under this section may amend the definition in subsection (3) of—

(a) “Northern Irish apprenticeships”,

(b) “Scottish apprenticeships”, or

(c) “Welsh apprenticeships”.

General E+W+S

40C Wrongful disclosure E+W+S

(1) Information disclosed by HMRC under section 40A(1) or 40B(1) may not be disclosed by the recipient of the information to any other person without the consent of HMRC (except so far as permitted by section 40A(2) or 40B(2)).

(2) If a person discloses, in contravention of subsection (1), any revenue and customs information relating to a person whose identity—

(a) is specified in the disclosure, or

(b) can be deduced from it,

section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.

40D Interpretation E+W+S

(1) In this Part—

• “HMRC” means the Commissioners for Her Majesty's Revenue and Customs;

• “revenue and customs information relating to a person” has the same meaning as in section 19 of the Commissioners for Revenue and Customs Act 2005 (see section 19(2) of that Act).

(2) In this Part—

(a) references to HMRC include references to a person providing services to HMRC;

(b) references to the Secretary of State include references to a person providing services to the Secretary of State.

(3) Nothing in this Part affects any power to disclose information that exists apart from this Part.]

Part 2 E+W [F22 Local authority] functions

Annotations:

Amendments (Textual)

F22 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158) , Sch. 2 para. 16(2)

Education and training for persons over compulsory school age E+W

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

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

“15ZA Duty in respect of education and training for persons over compulsory school age: England

(1) A [F22 local 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 [F22 local 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 [F22 local 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 [F22 local 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 [F22 local 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.

15ZB Co-operation in performance of section 15ZA duty

[F23 Local authorities] in England must co-operate with each other in performing their duties under section 15ZA(1).”

Annotations:

Amendments (Textual)

F23 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 16(3)

Commencement Information

I34 S. 41 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

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

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

“15ZC Encouragement of education and training for persons over compulsory school age: England

(1) A [F22 local 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.”

Annotations:

Commencement Information

I35 S. 42 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

43 [F22 Local authority] directions: children over compulsory school age E+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.”

Annotations:

Commencement Information

I36 S. 43 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

44 Power to require provision of education by further education institution E+W

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

“51A Duty 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 [F22 local 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 [F22 local 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 [F22 local 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 [F22 local 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 ”.

Annotations:

Commencement Information

I37 S. 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 entitlements E+W

45 Duties in relation to the core and additional entitlements E+W

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

“The [F24 core entitlement]: England E+W

17A Duties in relation to the [F25 core entitlement]

(1) A [F22 local authority] in England must exercise their functions in such a way as to secure that the [F26 core entitlement is] satisfied in relation to persons in their area who are over compulsory school age but under 19.

F27 ( 2 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 ( 3 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 ( 4 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 ( 5 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In exercising their functions as required by this section, a [F22 local authority] in England must have regard to any guidance given from time to time by the Secretary of State.

(7) In this section—

• F28 ...

• F28 ...

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

F29 ( 8 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) The [F30 reference in subsection (1)] to persons in a [F22 local authority]'s area who are over compulsory school age but under 19 [F30 does] not include persons who are subject to a detention order.

F31 17B Entitlement to education and training for 16 to 18 year olds

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

17C The core entitlement

[F32 (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 [F33 who 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.

[F34 (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. ]

F35 17D The additional entitlement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”

Annotations:

Amendments (Textual)

F24 Words in s. 45 substituted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(2) , 82(2)(b)

F25 Words in s. 45 substituted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(3)(f) , 82(2)(b)

F26 Words in s. 45 substituted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(3)(a) , 82(2)(b)

F27 Words in s. 45 omitted (15.1.2012) by virtue of Education Act 2011 (c. 21) , ss. 30(3)(b) , 82(2)(b)

F28 Words in s. 45 omitted (15.1.2012) by virtue of Education Act 2011 (c. 21) , ss. 30(3)(c) , 82(2)(b)

F29 Words in s. 45 omitted (15.1.2012) by virtue of Education Act 2011 (c. 21) , ss. 30(3)(d) , 82(2)(b)

F30 Words in s. 45 substituted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(3)(e) , 82(2)(b)

F31 Words in s. 45 omitted (15.1.2012) by virtue of Education Act 2011 (c. 21) , ss. 30(4) , 82(2)(b)

F32 Words in s. 45 inserted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(5)(a) , 82(2)(b)

F33 Words in s. 45 substituted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(5)(b) , 82(2)(b)

F34 Words in s. 45 inserted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(5)(c) , 82(2)(b)

F35 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 assessment E+W

46 Boarding accommodation: persons subject to learning difficulty assessment E+W

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

“514A Provision of boarding accommodation for persons subject to learning difficulty assessment

(1) A [F22 local 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 [F22 local 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.”

Annotations:

Commencement Information

I38 S. 46 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Work experience E+W

47 Work experience for persons over compulsory school age E+W

After section 560 of the Education Act 1996 insert—

“560A Work experience for persons over compulsory school age: England

(1) A [F22 local 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 [F22 local 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.”

Annotations:

Commencement Information

I39 S. 47 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Persons detained in youth accommodation E+W

48 Provision of education for persons subject to youth detention E+W

After section 18 of the Education Act 1996 insert—

“18A Provision of education for persons subject to youth detention

(1) A [F22 local 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 [F22 local 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 F36 ... being satisfied in relation to persons over compulsory school age but under 19 F36 ....

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

(a) in relation to a [F22 local 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 [F22 local 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).

[F37 (4) Section 17C (the core entitlement) applies for the purposes of subsection (2)(e).]

(5) Any arrangements made by a [F22 local 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 [F22 local 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 [F22 local authority] must have regard to any guidance issued—

(a) in the case of a [F22 local authority] in England, by the Secretary of State;

(b) in the case of a [F22 local 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 [F22 local authority] if—

(a) subject to a detention order, and

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

Annotations:

Amendments (Textual)

F36 Words in s. 48 omitted (15.1.2012) by virtue of Education Act 2011 (c. 21), ss. 30(7)(a), 82(2)(b)

F37 Words in s. 48 substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 30(7)(b), 82(2)(b)

Commencement Information

I40 S. 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)

49 Persons detained in youth accommodation: application of provisions E+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 ”.

Annotations:

Commencement Information

I41 S. 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)

I42 S. 49 in force at 1.4.2011 for specified purposes for W. by S.I. 2011/829, art. 2(a)

50 Persons detained in youth accommodation: further provision E+W

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

562A Application 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.

562B Duty 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 [F22 local 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.

562C Detained persons with special educational needs

(1) This section applies where, immediately before the beginning of the detention, a [F22 local 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.

562D Appropriate special educational provision: arrangements between [F23 local authorities]

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

(2) A [F22 local 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.

562E Literacy 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

562F Provision 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 [F22 local 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 [F22 local 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 [F22 local authority] in whose area the person is expected to be detained.

562G Information 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 [F22 local 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: [F23 local 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 [F22 local 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 [F22 local authority].

(5) The [F22 local 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 [F22 local authority] under section 324, and

(b) of the identity of that authority.

(9) Nothing in this section requires any [F22 local 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.

562H Release 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 [F22 local 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 [F22 local authority] in Wales,

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

Supplementary

562I Guidance

In performing their functions under this Chapter a [F22 local authority] must have regard to any guidance issued by the appropriate national authority.

562J Interpretation 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 [F22 local authority] who are F38 ... looking after, or who have most recently been looking after, the person;

  (b)

  in relation to any other child or young person, means the [F22 local 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 [F22 local 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.”

Annotations:

Amendments (Textual)

F38 Words in s. 50 repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 16(4), Sch. 3 Pt. 1

Commencement Information

I43 S. 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)

I44 S. 50 in force at 1.4.2011 for specified purposes for W. by S.I. 2011/829, art. 2(b)

51 Detention of child or young person: [F23 local authorities] to be notified E+W

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

“39A Detention of child or young person: [F23 local 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 [F22 local authority], and

(b) the host [F22 local 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 [F22 local authority];

(b) the host [F22 local authority];

(c) any other [F22 local 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 [F23 local authority] of any matter of which the authority is already aware.

(6) In this section—

• “home [F22 local authority]”, in relation to a child or young person, means the [F22 local 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 [F22 local authority]”, in relation to a child or young person who is detained in relevant youth accommodation, means the [F22 local authority] for the area in which that person is detained;

• [F39 “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).”

Annotations:

Amendments (Textual)

F39 Words in s. 51 inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 16(5)

Commencement Information

I45 S. 51 in force at 1.9.2010 for E. by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

I46 S. 51 in force at 1.4.2011 for W. by S.I. 2011/829, art. 2(c)

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

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

(2) After section 312 insert—

“312A Children 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 [F22 local 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 [F22 local 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,”.

Annotations:

Commencement Information

I47 S. 52 in force at 1.9.2010 for E. by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

I48 S. 52 in force at 1.4.2011 for W. by S.I. 2011/829, art. 2(d)

Transport in England E+W

53 Provision of transport etc for persons of sixth form age: duty to have regard to section 15ZA duty E+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 [F23 local 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,”.

Annotations:

Amendments (Textual)

F23 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 16(3)

Commencement Information

I49 S. 53 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

54 Transport policy statements for persons of sixth form age: consultation E+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 [F22 local authority]'s area who will be of sixth form age when the statement has effect, and their parents,”.

Annotations:

Commencement Information

I50 S. 54 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 8-11)

55 Transport policy statements for persons of sixth form age: content and publication E+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 [F22 local 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 ”.

Annotations:

Commencement Information

I51 S. 55 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch. (with art. 3)

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

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

(2) After section 509AD ([F23 local 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 [F22 local 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 [F22 local 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 [F22 local 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 [F22 local 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 [F22 local 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 [F22 local 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).”

Annotations:

Commencement Information

I52 S. 56 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch. (with art. 3)

57 [F23 Local authorities] in England: provision of transport etc for adult learners E+W

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

(2) After section 508E ([F23 Local authorities] in England: school travel schemes) insert—

“508F [F23 “Local authorities] in England: provision of transport etc for adult learners

(1) A [F22 local 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 [F22 local 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 [F22 local 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 [F22 local 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 [F22 local 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 [F23 Local authorities] in England: transport policy statements etc for young adults subject to learning difficulty assessment

(1) A [F22 local 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 [F22 local 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 [F22 local 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.

508H Guidance: sections 508F and 508G

In making arrangements under section 508F(1) and preparing and publishing a statement under section 508G, a [F22 local authority] must have regard to any guidance issued by the Secretary of State under this section.

508I Complaints about transport arrangements etc for young adults subject to learning difficulty assessment: England

(1) A [F22 local 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 [F22 local 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 [F22 local 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 [F22 local 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 [F22 local 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) ([F23 Local 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 ([F23 Local 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) ([F23 Local authorities] in England: provision of transport etc for certain adult learners) ceases to have effect.

Annotations:

Commencement Information

I53 S. 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 schools E+W

58 Power of [F23 local authorities] to arrange provision of education at non-maintained schools E+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 [F23 local 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.

Annotations:

Amendments (Textual)

F23 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 16(3)

General E+W

59 Minor and consequential amendments E+W

Schedule 2 contains minor and consequential amendments relating to the provision made by this Part.

Annotations:

Commencement Information

I54 S. 59 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch.

I55 S. 59 in force at 1.4.2010 for specified purposes by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

I56 S. 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 3 E+W+S+N.I. The Young People's Learning Agency for England

Chapter 1 E+W Establishment

F40 60 The Young People's Learning Agency for England E+W

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Chapter 2 E+W+S+N.I. Main functions

Funding E+W

F40 61 Provision of financial resources E+W

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F40 62 Financial resources: conditions E+W

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F40 63

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F40 64 Means tests E+W

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F40 65 Prohibition on charging E+W

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

Annotations:

Amendments (Textual)

F40 Ss. 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 training E+W

F40 66 Securing provision of education and training E+W

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F40 67 Intervention for purpose of securing provision of education and training E+W

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

Annotations:

Amendments (Textual)

F40 Ss. 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 assistance E+W+S+N.I.

F40 68 Provision of services E+W+S+N.I.

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F40 69 Assistance with respect to employment and training E+W+S

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F40 70 Assistance with respect to employment and training: Northern Ireland E+W+N.I.

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Miscellaneous E+W

F40 71 Research, information and advice E+W

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F40 [F41 71A.] Assistance etc. in relation to functions of the principal regulator E+W

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F41 S. 71A inserted (1.8.2011) by The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2011 (S.I. 2011/1726), regs. 1(2), 7

F40 72 Guidance by YPLA E+W

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F40 73 Intervention powers: policy statement E+W

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F40 74 Power to confer supplementary functions on YPLA E+W

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Chapter 3 E+W YPLA's functions: supplementary

F40 75 Directions by Secretary of State E+W

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F40 76 Guidance by Secretary of State E+W

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Chapter 4 E+W Academy agency arrangements

F40 77 Academy agency arrangements E+W

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F40 78 Grants for purposes of Academy agency arrangements functions E+W

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F40 79 Academy agency arrangements: information sharing E+W

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Chapter 5 E+W General

F40 80 Interpretation of Part E+W

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

Annotations:

Amendments (Textual)

F40 Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Part 4 E+W+S+N.I. [F42 Apprenticeships and adult education and training: role of Secretary of State]

Annotations:

Amendments (Textual)

F42 Pt. 4 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(a)

Chapter 1 E+W [F43 Apprenticeships and adult education and training]

Annotations:

Amendments (Textual)

F43 Pt. 4 Ch. 1 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(b)

F44 ... E+W

Annotations:

Amendments (Textual)

F44 S. 81 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 2

F44 81 The Chief Executive of Skills Funding E+W

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

F45 ... E+W

Annotations:

Amendments (Textual)

F45 S. 82 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 3

F45 82 Apprenticeship functions E+W

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

Apprenticeship training for persons aged 16 to 18 and certain young adults E+W

83 [F46 Power to secure provision of apprenticeship training] E+W

(1) The [F47 Secretary of State] 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 [F48 for whom an EHC plan is maintained] .

(2) In deciding for the purposes of subsection (1) whether apprenticeship training is suitable for persons for whom facilities are provided, the [F47 Secretary of State] must have regard (in particular) to—

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

(b) any [F49 special educational needs] 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 [F47 Secretary of State] 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).

F50 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this Part “apprenticeship training” means training provided in connection with—

[F51 (a) an approved English apprenticeship, or

(b) any contract of service (other than an approved English apprenticeship agreement) or contract of apprenticeship.]

Annotations:

Amendments (Textual)

F46 S. 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

F47 Words in s. 83(1)-(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 4

F48 Words in s. 83(1)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 89(a); S.I. 2014/889, art. 7(a)

F49 Words in s. 83(2)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 89(b); S.I. 2014/889, art. 7(a)

F50 S. 83(4) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 89(c); S.I. 2014/889, art. 7(a)

F51 S. 83(5)(a)(b) substituted for s. 83(5)(a)-(c) (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 17; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

Commencement Information

I57 S. 83 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

[F52 83A The apprenticeship offer E+W

(1) The [F53 Secretary of State] 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 [F54 opportunity to enter into an approved English apprenticeship.]

(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 [F55 Secretary of State] must have regard) apply for the purposes of the apprenticeship offer.

F56 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Annotations:

Amendments (Textual)

F52 Ss. 83A, 83B inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 69(2), 82(3); S.I. 2012/1087, art. 3

F53 Words in s. 83A(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 5(2)

F54 Words in s. 83A(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 18(a); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F55 Words in s. 83A(9) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 5(2)

F56 S. 83A(10) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 5(3)

F57 S. 83A(11) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 18(b); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

83B Limit on scope of the apprenticeship offer E+W

(1) The [F58 Secretary of State] is not required by the apprenticeship offer to secure the provision of facilities for apprenticeship training [F59 for the purpose of assisting a person to achieve a particular approved apprenticeship standard if the person—

(a) has already completed an approved English apprenticeship by achieving that standard,

(b) has already completed an approved English apprenticeship by achieving another standard and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work), or

(c) has worked under another arrangement and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work).]

[F60 (1A) Section A1(6) and (7) (which make provision about when a person completes an approved English apprenticeship and about the meaning of “approved apprenticeship standard”) apply for the purposes of subsection (1).]

F61 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Amendments (Textual)

F52 Ss. 83A, 83B inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 69(2), 82(3); S.I. 2012/1087, art. 3

F58 Words in s. 83B(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 6

F59 Words in s. 83B(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 19(2); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F60 S. 83B(1A) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 19(3); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F61 Ss. 83B(2)-(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 19(4); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F62 84 Arrangements and co-operation with [F23 local authorities] E+W

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

Annotations:

Amendments (Textual)

F23 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 16(3)

F62 S. 84 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 7

F64 85 [F63 Provision of apprenticeship training etc for persons within section 83 or 83A] E+W

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

Annotations:

Amendments (Textual)

F63 S. 85 heading substituted (1.9.2012) by Education Act 2011 (c. 21), ss. 70(2)(d), 82(3); S.I. 2012/1087, art. 3

F64 S. 85 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 8

Education and training for persons aged 19 or over etc. E+W

86 Education and training for persons aged 19 or over and others subject to adult detention E+W

(1) [F65 The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate] for—

(a) education suitable to the requirements of persons who are aged 19 or over, other than persons aged under 25 [F66 for whom an EHC plan is maintained] ,

(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 [F67 83A or] 87 applies to the provision of those facilities.

F68 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F69 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F70 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F65 Words in s. 86(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 9(2)

F66 Words in s. 86(1)(a) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 90; S.I. 2014/889, art. 7(a)

F67 Words 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

F68 S. 86(3) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 9(3)

F69 S. 86(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 9(3)

F70 S. 86(8) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 9(3)

Commencement Information

I58 S. 86 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

87 Learning aims for persons aged 19 or over: provision of facilities E+W

(1) [F71 The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate] 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 [F72 for whom an EHC plan is maintained] ,

(b) do not have the qualification in question or one (including one awarded by a person outside England) which appears to the [F73 Secretary of State] to be at a comparable or higher level, and

(c) satisfy such conditions as may be specified in regulations.

F74 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F75 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of this section—

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

• “training” includes full-time and part-time training.

Annotations:

Amendments (Textual)

F71 Words in s. 87(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 10(2)

F72 Words in s. 87(3)(a) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 91; S.I. 2014/889, art. 7(a)

F73 Words in s. 87(3)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 10(3)

F74 S. 87(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 10(4)

F75 S. 87(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 10(4)

Commencement Information

I59 S. 87 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

88 Learning aims for persons aged 19 or over: payment of tuition fees E+W

(1) Functions under this Part must be exercised by the [F76 Secretary of State] so as to secure that a course of study for a qualification to which [F77 paragraph 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 [F78 Secretary of State] to be at a comparable or higher level, and

(c) satisfies such conditions as may be specified in regulations.

[F79 (2A) Functions under this Part must be exercised by the [F80 Secretary of State] 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 [F81 Secretary of State] 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 [F82 24 ] ,

(b) does not have the qualification in question or one (including one awarded by a person outside England) which appears to the [F83 Secretary of State] 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 [F84 Secretary of State] , 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.

Annotations:

Amendments (Textual)

F76 Words in s. 88(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11

F77 Words 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

F78 Words in s. 88(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11

F79 S. 88(2A) inserted (1.8.2012) by Education Act 2011 (c. 21), ss. 73(2)(b), 82(3); S.I. 2012/1087, art. 2

F80 Words in s. 88(2A) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11

F81 Words in s. 88(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11

F82 Word 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

F83 Words in s. 88(4) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11

F84 Words in s. 88(6)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11

Commencement Information

I60 S. 88 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

89 Sections 87 and 88: supplementary E+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.

Annotations:

Commencement Information

I61 S. 89 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

90 Encouragement of education and training for persons aged 19 or over and others subject to adult detention E+W

(1) The [F85 Secretary of State] must—

(a) encourage participation by persons within section 86(1)(a) and (b) in education and training within the [F86 Secretary of State's remit under this Part] ;

(b) encourage employers to participate in the provision of education and training within the [F86 Secretary of State's remit under this Part] for persons within section 86(1)(a);

(c) encourage employers to contribute to the costs of education and training within the [F86 Secretary of State's remit under this Part] for such persons.

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

[F87 (a) an approved English apprenticeship, or

(b) any contract of employment (other than an approved English apprenticeship agreement) in connection with which training is provided.]

Annotations:

Amendments (Textual)

F85 Words in s. 90(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 12(a)

F86 Words in s. 90(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 12(b)

F87 S. 90(2)(a)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 20; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

Commencement Information

I62 S. 90 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Prospective

The apprenticeship offer E+W

F88 91 Duty to secure availability of apprenticeship places E+W

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

Annotations:

Amendments (Textual)

F88 Ss. 91-99 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 8; S.I. 2012/1087, art. 3

F88 92 Election for apprenticeship offer E+W

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

Annotations:

Amendments (Textual)

F88 Ss. 91-99 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 8; S.I. 2012/1087, art. 3

F88 93 Meaning of “apprenticeship place” E+W

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

Annotations:

Amendments (Textual)

F88 Ss. 91-99 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 8; S.I. 2012/1087, art. 3

F88 94 Suitability and availability of apprenticeship places: further provision E+W

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

Annotations:

Amendments (Textual)

F88 Ss. 91-99 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 8; S.I. 2012/1087, art. 3

F88 95 Apprenticeship offer requirements E+W

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

Annotations:

Amendments (Textual)

F88 Ss. 91-99 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 8; S.I. 2012/1087, art. 3

F88 96 Apprenticeship offer requirements: interpretation E+W

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

Annotations:

Amendments (Textual)

F88 Ss. 91-99 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 8; S.I. 2012/1087, art. 3

F88 97 Suspension of offer E+W

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

Annotations:

Amendments (Textual)

F88 Ss. 91-99 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 8; S.I. 2012/1087, art. 3

F88 98 Power to amend apprenticeship offer E+W

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

Annotations:

Amendments (Textual)

F88 Ss. 91-99 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 8; S.I. 2012/1087, art. 3

F88 99 Apprenticeship offer: interpretation E+W

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

Annotations:

Amendments (Textual)

F88 Ss. 91-99 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 8; S.I. 2012/1087, art. 3

Chapter 2 E+W+S+N.I. [F89 Provision of services to other bodies]

Annotations:

Amendments (Textual)

F89 Pt. 4 Ch. 2 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(c)

Funding E+W

100 Provision of financial resources E+W

(1) The [F90 Secretary of State] may secure the provision of financial resources [F91 under this subsection] to—

(a) persons providing or proposing to provide education or training within the [F92 Secretary of State's remit under this Part] ;

(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;

F93 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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;

F94 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).

[F95 (1A) The Secretary of State may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1))—

(a) for the purpose of encouraging the provision of opportunities for individuals to complete [F96 English statutory apprenticeships ] or to undertake work following the completion of such apprenticeships, or

(b) otherwise in connection with [F96 English statutory apprenticeships ] .]

F97 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The [F98 Secretary of State] may secure the provision of financial resources under subsection (1) [F99 or (1A)] —

(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 [F100 Secretary of State] ).

(4) The [F101 Secretary of State] may under subsection (1)(c) [F102 or (1A)] 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).

[F103 (5) In this section “English statutory apprenticeship” has the same meaning as in section 40A (see subsection (3) of that section).]

Annotations:

Amendments (Textual)

F90 Words in s. 100(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(2)(a)

F91 Words in s. 100(1) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 2(2); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F92 Words in s. 100(1)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(2)(b)

F93 S. 100(1)(f) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(2)(c)

F94 S. 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

F95 S. 100(1A) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 2(3); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F96 Words in s. 100(1A) substituted (4.7.2016) by Enterprise Act 2016 (c. 12), ss. 27(a), 44(5); S.I. 2016/695, art. 2(b)

F97 S. 100(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(3)

F98 Words in s. 100(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(4)(a)

F99 Words in s. 100(3) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 2(4); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F100 Words in s. 100(3)(c) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(4)(b)

F101 Words in s. 100(4) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(5)

F102 Words in s. 100(4) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 2(5); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F103 S. 100(5) inserted (4.7.2016) by Enterprise Act 2016 (c. 12), ss. 27(b), 44(5); S.I. 2016/695, art. 2(b)

Commencement Information

I63 S. 100 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

101 Financial resources: conditions E+W

(1) Financial resources provided [F104 by the Secretary of State under section 100] may be provided subject to conditions.

(2) The conditions may [F105 (among other things) ] include—

(a) information conditions;

(b) [F106 operational conditions;]

(c) repayment conditions.

(3) Information conditions are conditions which—

(a) require the [F107 Secretary of State] , or a person designated by the [F107 Secretary of State] , 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 [F108 Secretary of State] such information as the [F108 Secretary of State] may request for the purpose of carrying out [F109 functions under this Part] .

(4) [F110 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) [F111 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 [F112 an EHC plan or] a report of an assessment under section F113 ... 140 of the Learning and Skills Act 2000 (c. 21) (assessments relating to learning difficulties).]

(6) Repayment conditions are conditions which—

(a) enable the [F114 Secretary of State] to require the repayment (in whole or part) of sums paid by the [F114 Secretary of State] 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 [F115 Secretary of State] in accordance with any condition is unpaid.

Annotations:

Amendments (Textual)

F104 Words in s. 101(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(2)

F105 Words in s. 101(2) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 3(2)(a); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F106 S. 101(2)(b) omitted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 3(2)(b); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F107 Words in s. 101(3)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(3)(a)

F108 Words in s. 101(3)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(3)(b)(i)

F109 Words in s. 101(3)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(3)(b)(ii)

F110 S. 101(4) omitted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 3(3); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F111 S. 101(5) omitted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 3(3); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F112 Words in s. 101(5)(f) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 92(a); S.I. 2014/889, art. 7(a)

F113 Words in s. 101(5)(f) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 92(b); S.I. 2014/889, art. 7(a)

F114 Words in s. 101(6)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(4)(a)

F115 Words in s. 101(6)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(4)(b)

Commencement Information

I64 S. 101 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

102 Performance assessments E+W

(1) The [F116 Secretary of State] may adopt or develop schemes for the assessment of the performance of persons in providing education or training within the [F117 Secretary of State's remit under this Part] .

(2) The [F118 Secretary of State] may take the assessments into account in deciding how to exercise the powers under section 100.

Annotations:

Amendments (Textual)

F116 Words in s. 102(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 15(2)(a)

F117 Words in s. 102(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 15(2)(b)

F118 Words in s. 102(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 15(3)

Commencement Information

I65 S. 102 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

103 Means tests E+W

(1) [F119 For the purpose of the exercise of the powers under section 100(1)(c), (d) or (e), the Secretary of State] may—

(a) carry out means tests;

(b) arrange for other persons to carry out means tests.

F120 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F119 Words in s. 103(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 16(2)

F120 S. 103(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 16(3)

Commencement Information

I66 S. 103 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Apprenticeships: general E+W

F121 104 Assistance and support in relation to apprenticeship places E+W

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

Annotations:

Amendments (Textual)

F121 S. 104 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 10; S.I. 2012/1087, art. 3

F122 105 Promoting progression from level 2 to level 3 apprenticeships E+W

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

Annotations:

Amendments (Textual)

F122 S. 105 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 21; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

Commencement Information

I67 S. 105 in force at 6.4.2011 by S.I. 2011/200, art. 3

F123 106 Advice and assistance in relation to apprenticeships E+W

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

Annotations:

Amendments (Textual)

F123 S. 106 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 18

Provision of services and assistance E+W+S+N.I.

107 Provision of services E+W+S+N.I.

(1) The [F124 Secretary of State] may make arrangements with a permitted recipient for the provision by the [F124 Secretary of State] 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 [F125 Secretary of State] in respect of expenditure incurred by the [F125 Secretary of State] in performing any function under the arrangements.

(4) In this section “permitted recipient” means—

F126 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Welsh Ministers;

(c) the Scottish Ministers;

(d) a Northern Ireland department;

F127 (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.

F128 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F129 Secretary of State] 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.

Annotations:

Amendments (Textual)

F124 Words in s. 107(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(2)

F125 Words in s. 107(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(2)

F126 S. 107(4)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(3)

F127 S. 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

F128 S. 107(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(4)

F129 Words in s. 107(6) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(5)

Commencement Information

I68 S. 107 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

F130 108 Assistance with respect to employment and training E+W+S

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

Annotations:

Amendments (Textual)

F130 S. 108 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 20

F131 109 Assistance with respect to employment and training: Northern Ireland E+W+N.I.

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

Annotations:

Amendments (Textual)

F131 S. 109 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 20

F132 ... E+W

Annotations:

Amendments (Textual)

F132 S. 110 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 21

F132 110 Research, information and advice E+W

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

F133 111 Power to confer supplementary functions on Chief Executive E+W

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

Annotations:

Amendments (Textual)

F133 S. 111 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 22

Chapter 3 E+W F134 ... supplementary

Annotations:

Amendments (Textual)

F134 Words in Pt. 4 Ch. 3 title omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(d)

Strategies E+W

F135 112 Strategies for functions of Chief Executive E+W

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

Annotations:

Amendments (Textual)

F135 Ss. 112-114 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 73(3), 82(3); S.I. 2012/924, art. 2

F135 113

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

Annotations:

Amendments (Textual)

F135 Ss. 112-114 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 73(3), 82(3); S.I. 2012/924, art. 2

F135 114 Strategies: duty of Chief Executive E+W

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

Annotations:

Amendments (Textual)

F135 Ss. 112-114 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 73(3), 82(3); S.I. 2012/924, art. 2

Other E+W

115 Persons with [F136 special educational needs] E+W

(1) The [F137 Secretary of State] must, in performing [F138 functions under this Part] , have regard to the needs of persons with [F139 special educational needs] to whom this section applies.

(2) This section applies to—

(a) persons who are aged 19 or over, other than persons aged under 25 [F140 for whom an EHC plan is maintained ] , and

(b) persons who are subject to adult detention.

F141 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F142 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F136 Words in s. 115 title substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 93(d); S.I. 2014/889, art. 7(a)

F137 Words in s. 115(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 23(a)

F138 Words in s. 115(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 23(b)

F139 Words in s. 115(1) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 93(a); S.I. 2014/889, art. 7(a)

F140 Words in s. 115(2)(a) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 93(b); S.I. 2014/889, art. 7(a)

F141 S. 115(3) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 93(c); S.I. 2014/889, art. 7(a)

F142 S. 115(4) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 93(c); S.I. 2014/889, art. 7(a)

Commencement Information

I69 S. 115 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

116 Persons subject to adult detention E+W

The [F143 Secretary of State] must, in performing [F144 functions under this Part] , have regard to the needs of persons subject to adult detention.

Annotations:

Amendments (Textual)

F143 Words in s. 116 substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 24(a)

F144 Words in s. 116 substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 24(b)

Commencement Information

I70 S. 116 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

F145 117 Use of information by Chief Executive E+W

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

Annotations:

Amendments (Textual)

F145 Ss. 117-120 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 25

F145 118 Guidance E+W

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

Annotations:

Amendments (Textual)

F145 Ss. 117-120 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 25

F145 118A Directions: consultation E+W

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

Annotations:

Amendments (Textual)

F145 Ss. 117-120 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 25

F145 119 Directions: funding of qualifications E+W

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

Annotations:

Amendments (Textual)

F145 Ss. 117-120 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 25

F145 120 Other directions relating to functions of the office E+W

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

Annotations:

Amendments (Textual)

F145 Ss. 117-120 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 25

Chapter 4 E+W General

[F146 120A Territorial application of Part E+W

The functions of the Secretary of State under this Part, other than the functions conferred by section 107, are exercisable in relation to England only.]

Annotations:

Amendments (Textual)

F146 S. 120A inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 26

121 Interpretation of Part E+W

(1) In this Part—

• F147 ...

• “apprenticeship training” has the meaning given by section 83;

• [F148 “approved English apprenticeship” has the meaning given by section A1(2);]

• F149 ...

• “organised leisure-time occupation” has the meaning given by section 86.

(2) In this Part a reference to education within [F150 the Secretary of State's remit under this Part] 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 [F151 the Secretary of State's remit under this Part] is a reference to—

(a) training falling within section 83(1),

[F152 (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.

Annotations:

Amendments (Textual)

F147 Words in s. 121(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 22(a); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F148 Words in s. 121(1) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 22(b); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F149 Words in s. 121(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 27(2)

F150 Words in s. 121(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 27(3)

F151 Words in s. 121(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 27(3)

F152 S. 121(3)(aa) inserted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 12; S.I. 2012/1087, art. 3

Commencement Information

I71 S. 121 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Part 5 E+W Parts 2 to 4: supplementary

Information E+W

122 Sharing of information for education and training purposes E+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—

F153 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the [F154 Secretary of State] ;

F155 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F156 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F157 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) a person providing services to [F158 the Secretary of State] .

(4) The persons within this subsection are—

(a) a [F22 local authority] in England;

(b) a person providing services to a [F22 local authority] in England [F159 in connection with its education functions].

(5) In subsections (1) and (2), “relevant function” means—

F160 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any function of the [F161 Secretary of State relating to education or training] , or

[F162 (c) any education function of a local authority in England,]

other than a function under this section.

F163 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Annotations:

Amendments (Textual)

F22 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158) , Sch. 2 para. 16(2)

F153 S. 122(3)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 28(a)

F154 Words in s. 122(3)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 48(2); S.I. 2012/924, art. 2

F155 S. 122(3)(c) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 28(a)

F156 S. 122(3)(d) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 28(a)

F157 S. 122(3)(e) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 28(a)

F158 Words in s. 122(3)(f) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 28(b)

F159 Words in s. 122(4)(b) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 16(6)(a)

F160 S. 122(5)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 28(c)

F161 Words in s. 122(5)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 48(3); S.I. 2012/924, art. 2

F162 S. 122(5)(c) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 16(6)(b)

F163 S. 122(6) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 28(d)

Commencement Information

I72 S. 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 England E+W

123 Dissolution of the Learning and Skills Council for England E+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.

Annotations:

Commencement Information

I73 S. 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)

124 Dissolution of the Learning and Skills Council: transfer schemes E+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.

Annotations:

Commencement Information

I74 S. 124 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Part 6 E+W The sixth form college sector

125 Sixth form college sector E+W

Schedule 8 makes provision about the sixth form college sector.

Annotations:

Commencement Information

I75 S. 125 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch.

I76 S. 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)

126 Removal of power to establish sixth form schools E+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 [F22 local 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 [F22 local 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).

Annotations:

Amendments (Textual)

F22 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158) , Sch. 2 para. 16(2)

Commencement Information

I77 S. 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 1 E+W+N.I. Establishment, objectives and general duties

Establishment E+W+N.I.

127 The Office of Qualifications and Examinations Regulation E+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.

Annotations:

Commencement Information

I78 S. 127 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Objectives and general duties E+W+N.I.

128 Objectives E+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.

[F164 (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.

Annotations:

Amendments (Textual)

F164 S. 128(2) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 22, 82(3); S.I. 2012/84, art. 3

Commencement Information

I79 S. 128 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

129 General duties E+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 [F165 special educational needs] ;

(c) the reasonable requirements of pupils and children, including persons with [F166 special educational needs] , 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—

F167 (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.

F168 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) “Relevant learner” means a person seeking to obtain, or who may reasonably be expected to seek to obtain, a regulated qualification.

Annotations:

Amendments (Textual)

F165 Words in s. 129(2)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 94(a); S.I. 2014/889, art. 7(a)

F166 Words in s. 129(2)(c) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 94(a); S.I. 2014/889, art. 7(a)

F167 S. 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

F168 S. 129(9) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 94(b); S.I. 2014/889, art. 7(a)

F169 S. 129(10) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 94(b); S.I. 2014/889, art. 7(a)

Commencement Information

I80 S. 129 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Regulated qualifications and regulated assessment arrangements E+W+N.I.

130 Meaning 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;

F170 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 F171 ... 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 F171 ....

(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.

Annotations:

Amendments (Textual)

F170 S. 130(2)(b) omitted (14.6.2016) by virtue of The Education (Repeal of Arrangements for Vocational Qualifications Awarded or Authenticated in Northern Ireland) Order 2016 (S.I. 2016/642), arts. 1, 2

F171 Words in s. 130(4) repealed (14.6.2016) by The Education (Repeal of Arrangements for Vocational Qualifications Awarded or Authenticated in Northern Ireland) Order 2016 (S.I. 2016/642), art. 1, Sch. Table 1

Commencement Information

I81 S. 130 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

131 Meaning 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.

Annotations:

Commencement Information

I82 S. 131 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Chapter 2 E+W+N.I. Functions in relation to qualifications

Recognition of awarding bodies E+W+N.I.

132 Recognition E+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.

[F172 (10) See section 35 of the Qualifications Wales Act 2015 for provision about the effect of conditions imposed by or under this section, in respect of or for the purposes of the award in Wales by an awarding body of a form of a qualification awarded as an approved qualification (for which see section 22(4) of that Act).]

Annotations:

Amendments (Textual)

F172 S. 132(10) inserted (E.W.) (21.9.2015) by Qualifications Wales Act 2015 (anaw 5), ss. 35(2), 60(2); S.I. 2015/1687, art. 2 (with arts. 3-12)

Commencement Information

I83 S. 132 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

133 Criteria for recognition E+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:

Commencement Information

I84 S. 133 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

134 General conditions of recognition E+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:

Commencement Information

I85 S. 134 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

135 Other conditions of recognition E+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.

Annotations:

Commencement Information

I86 S. 135 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

136 Fee capping conditions: supplementary E+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.

(5) Ofqual must establish arrangements (the “review arrangements”) for the review, at the request of a recognised body, of a decision to impose a fee capping condition.

(6) The review arrangements must require the decision on review to be made by a person within subsection (7).

(7) A person within this subsection is one who—

(a) appears to Ofqual to have skills likely to be relevant to decisions to impose fee capping conditions, and

(b) is independent of Ofqual.

(8) A person is independent of Ofqual for the purposes of subsection (7) if the person is—

(a) an individual who is not a member of Ofqual or Ofqual's staff, or

(b) a body none of whose members is a member of Ofqual or Ofqual's staff.

(9) A decision to impose a fee capping condition must not take effect before the later of—

(a) the expiry of the period during which a review can be requested under the review arrangements, and

(b) the completion of any review requested under those arrangements.

(10) Ofqual must, in performing its functions in relation to fee capping conditions, have regard to any guidance given by the Secretary of State.

(11) The Secretary of State must publish any guidance given under subsection (10).

Annotations:

Commencement Information

I87 S. 136 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

137 Entry and inspection conditions: supplementary E+W+N.I.

(1) An entry and inspection condition requires permission to enter premises to be given only if—

(a) the premises in question are not used as a private dwelling,

(b) the entry is to be by an authorised person,

(c) reasonable notice has been given to the recognised body in question, and

(d) the entry is to be at a reasonable time.

(2) “Authorised person” means a member of Ofqual's staff who is authorised (generally or specifically) for the purpose.

(3) An entry and inspection condition may require an authorised person to be given permission to do anything that a person authorised by a provision of Part 1 of the Education Act 2005 (c. 18) to inspect documents could do by virtue of section 58 of that Act (computer records).

Annotations:

Commencement Information

I88 S. 137 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Accreditation of certain qualifications E+W+N.I.

138 Qualifications subject to the accreditation requirement E+W+N.I.

(1) Ofqual may determine that a specified qualification, or description of qualification, to which this Part applies is subject to the accreditation requirement.

(2) A determination under subsection (1) may provide that a qualification or description of qualification is subject to the accreditation requirement—

(a) for all purposes, or

(b) for the purposes of award or authentication by a specified awarding body.

(3) Ofqual must publish a determination falling within subsection (2)(a).

(4) Ofqual may revise a determination made under subsection (1).

(5) If Ofqual revises a determination falling within subsection (2)(a) it must publish the determination as revised.

(6) Before making or revising a determination under subsection (1) Ofqual must—

(a) if the determination falls within subsection (2)(a), consult such persons as it considers appropriate, and

(b) if the determination falls within subsection (2)(b), consult the awarding body in question.

Annotations:

Commencement Information

I89 S. 138 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

139 Accreditation E+W+N.I.

(1) Where a qualification is subject to the accreditation requirement Ofqual must accredit a particular form of the qualification if—

(a) that form of the qualification has been submitted for accreditation by a recognised body which is recognised in respect of the qualification, and

(b) that form of the qualification meets the applicable criteria for accreditation most recently published under section 140.

(2) Ofqual may not accredit a form of a qualification if the requirements set out in paragraphs (a) and (b) of subsection (1) are not met in respect of that form of the qualification.

(3) An accreditation under this section has effect from such date as Ofqual may specify.

(4) Ofqual may not charge a recognised body in respect of accreditation under this section.

(5) If Ofqual refuses an application for accreditation it must provide the recognised body with a statement setting out the reasons for its decision.

Annotations:

Commencement Information

I90 S. 139 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

140 Criteria for accreditation E+W+N.I.

(1) Ofqual must set and publish the criteria for accreditation under section 139.

(2) Different criteria may be set for the accreditation of different qualifications or different descriptions 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.

(6) If Ofqual revises the criteria under this section which are applicable to a form of a qualification which is accredited under section 139, the accreditation ceases to have effect on the date specified by Ofqual.

(7) Ofqual may vary the date specified under subsection (6) at any time before the date.

(8) Ofqual may determine that subsection (6) does not apply in relation to a specified revision.

(9) Ofqual must publish a determination made under subsection (8).

(10) Ofqual may make saving or transitional provision in connection with the accreditation of a form of a qualification ceasing to have effect under subsection (6).

Annotations:

Commencement Information

I91 S. 140 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Minimum requirements E+W+N.I.

141 Power to specify minimum requirements E+W+N.I.

(1) The Secretary of State may by order specify minimum requirements in respect of a specified qualification, or description of qualification, to which this section applies.

(2) But the Secretary of State may make an order under subsection (1) only if satisfied that it is necessary to do so for the purpose of ensuring that the curriculum studied by persons taking a course leading to the qualification, or a qualification of the description, is appropriate, having regard to the likely ages of those persons.

(3) This section applies to a qualification, or description of qualification, if—

(a) the qualification, or each qualification of the description, is one to which this Part applies, and

(b) the condition in subsection (4) is met in relation to the qualification or each qualification of the description.

(4) The condition is that—

(a) one or more forms of the qualification is (or are) approved under section 98 of the Learning and Skills Act 2000 (c. 21), or

(b) the Secretary of State reasonably expects approval under that section to be sought for one or more forms of the qualification.

(5) A minimum requirement in respect of a qualification or description of qualification is a requirement which relates to the knowledge, skills or understanding which a person must demonstrate in order to obtain the qualification or a qualification of the description.

Annotations:

Commencement Information

I92 S. 141 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

142 Consultation before making order specifying minimum requirements E+W+N.I.

(1) Before making an order under section 141(1) the Secretary of State must consult Ofqual and such other persons as the Secretary of State considers appropriate.

(2) For the purposes of consulting under subsection (1) the Secretary of State must publish a document setting out—

(a) the grounds on which the Secretary of State is satisfied of the matter specified in section 141(2),

(b) the proposed minimum requirements, and

(c) the Secretary of State's reasons for proposing those minimum requirements.

(3) The Secretary of State must provide a copy of the document to Ofqual and any other persons the Secretary of State proposes to consult under subsection (1).

Annotations:

Commencement Information

I93 S. 142 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

143 Effect of order specifying minimum requirements E+W+N.I.

(1) This section applies in relation to a qualification or description of qualification in respect of which minimum requirements specified in an order under section 141(1) have effect.

(2) Ofqual must perform its functions under sections 133, 134 and 140 in relation to the qualification or description of qualification in a way which secures that the minimum requirements in respect of the qualification or description of qualification are met.

(3) But Ofqual is not required to comply with the duty imposed by subsection (2) if it appears to Ofqual that complying with that duty would result in the level of attainment (in terms of depth of knowledge, skills or understanding) indicated by the qualification or description of qualification not being consistent with that indicated by comparable regulated qualifications.

Annotations:

Commencement Information

I94 S. 143 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

144 Revocation and amendment of orders specifying minimum requirements E+W+N.I.

(1) Subsection (2) applies if—

(a) the Secretary of State has made an order under section 141(1) in respect of a qualification or description of qualification, and

(b) the qualification or description of qualification ceases to be one to which section 141 applies.

(2) The Secretary of State may by order—

(a) revoke the order, or

(b) amend it for the purpose of removing the qualification or description of qualification from the application of the order.

(3) Subsections (1) and (2) do not affect the power of the Secretary of State to revoke or amend an order under section 141(1) in other circumstances.

(4) Sections 141(2) and 142 do not apply to an order—

(a) revoking an order under section 141(1), or

(b) amending an order under section 141(1) for the purpose only of removing a qualification or description of qualification from the application of the order.

Annotations:

Commencement Information

I95 S. 144 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Guided learning E+W+N.I.

145 Assignment of number of hours of guided learning E+W+N.I.

(1) A recognised body may only award or authenticate a particular form of a qualification in respect of which it is recognised if Condition 1 or 2 is met.

(2) Condition 1 is met if the recognised body determines that the qualification is not relevant for 2008 Act purposes.

(3) Condition 2 is met if—

(a) the recognised body determines that the qualification is relevant for 2008 Act purposes, and

(b) the body assigns to the particular form of the qualification a number of hours of guided learning.

F173 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A recognised body must apply the applicable criteria then in force under section 146 when determining—

(a) whether or not a qualification is relevant for 2008 Act purposes, and

(b) in respect of a qualification which the body has determined is relevant for those purposes, a number of hours of guided learning to assign to a form of the qualification.

(6) If revised criteria come into force under section 146, a recognised body must review any determination it has made under this section.

(7) Ofqual may—

(a) review any determination made by a recognised body under this section, and

(b) require the recognised body to revise any such determination in such respects as Ofqual may specify.

(8) If under subsection (7)(b) Ofqual requires a recognised body to revise a determination that a qualification is not relevant for 2008 Act purposes by specifying that the determination should provide that the qualification is so relevant—

(a) Ofqual may assign to a form of the qualification awarded or authenticated by the recognised body a number of hours of guided learning, and

(b) if it does so, the recognised body is to be treated as having determined to assign that number of hours of guided learning to that form of the qualification.

(9) For the purposes of this Chapter a qualification is relevant for 2008 Act purposes if there are, or may reasonably be expected to be, persons seeking to obtain the qualification for the purposes of discharging the duty under section 2(1)(c) of the Education and Skills Act 2008 (c. 25) (duty to participate in education or training).

(10) In this Chapter a “number of hours of guided learning”, in relation to a form of a qualification, means a number of notional hours representing an estimate of the amount of actual guided learning which could reasonably be expected to be required in order for persons to achieve the standard required to obtain that form of the qualification.

(11) In subsection (10) “actual guided learning” means time a person spends—

(a) being taught or given instruction by a lecturer, tutor, supervisor or other appropriate provider of education or training, or

(b) otherwise participating in education or training under the immediate guidance or supervision of such a person,

but does not include time spent on unsupervised preparation or study, whether at home or otherwise.