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Apprenticeships, Skills, Children and Learning Act 2009

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Apprenticeships, study and training

    1. Chapter 1 Apprenticeships

      1. Completing an apprenticeship

        1. 1.Meaning of “completing an English apprenticeship”

        2. 2.Meaning of “completing a Welsh apprenticeship”

      2. Apprenticeship certificates: England

        1. 3.Duty to issue: England

        2. 4.Power to issue: England

        3. 5.Issue by the English certifying authority: supplementary

        4. 6.The English certifying authority

      3. Apprenticeship certificates: Wales

        1. 7.Duty to issue: Wales

        2. 8.Power to issue: Wales

        3. 9.Issue by the Welsh certifying authority: supplementary

        4. 10.The Welsh certifying authority

      4. Contents of apprenticeship certificate: England and Wales

        1. 11.Contents of apprenticeship certificate

      5. Apprenticeship frameworks: England and Wales

        1. 12.Apprenticeship frameworks: interpretation

      6. Apprenticeship frameworks: England

        1. 13.English issuing authority

        2. 14.Issue: England

        3. 15.Recognised English frameworks: notification and publication

        4. 16.Submission of draft framework for issue: England

        5. 17.Transitional provision: England

      7. Apprenticeship frameworks: Wales

        1. 18.Welsh issuing authority

        2. 19.Issue: Wales

        3. 20.Recognised Welsh frameworks: notification and publication

        4. 21.Submission of draft framework for issue: Wales

        5. 22.Transitional provision: Wales

      8. Specification of apprenticeship standards: England

        1. 23.Duty to prepare and submit draft specification: England

        2. 24.Order bringing specification into effect

        3. 25.Modification: England

        4. 26.Replacement or modification: recognised English frameworks

        5. 27.Contents of specification of apprenticeship standards for England

      9. Specification of apprenticeship standards: Wales

        1. 28.Specification of apprenticeship standards for Wales

        2. 29.Modification: Wales

        3. 30.Replacement or modification: recognised Welsh frameworks

        4. 31.Contents of specification of apprenticeship standards for Wales

      10. Apprenticeship agreements: England and Wales

        1. 32.Meaning of “apprenticeship agreement”

        2. 33.Ineffective provisions

        3. 34.Variation

        4. 35.Status

        5. 36.Crown servants and Parliamentary staff

      11. Duty to participate in education or training: England

        1. 37.Duty to participate in education or training: apprenticeship agreements

      12. General

        1. 38.Apprenticeship sectors

        2. 39.Interpretation of Chapter

    2. Chapter 2 Study and training

      1. 40.Employer support for employee study and training

  3. Part 2 LEA functions

    1. Education and training for persons over compulsory school age

      1. 41.Education and training for persons over compulsory school age: general duty

      2. 42.Encouragement of education and training for persons over compulsory school age

      3. 43.LEA directions: children over compulsory school age

      4. 44.Power to require provision of education by further education institution

    2. The core and additional entitlements

      1. 45.Duties in relation to the core and additional entitlements

    3. Boarding accommodation: persons subject to learning difficulty assessment

      1. 46.Boarding accommodation: persons subject to learning difficulty assessment

    4. Work experience

      1. 47.Work experience for persons over compulsory school age

    5. Persons detained in youth accommodation

      1. 48.Provision of education for persons subject to youth detention

      2. 49.Persons detained in youth accommodation: application of provisions

      3. 50.Persons detained in youth accommodation: further provision

      4. 51.Detention of child or young person: local education authorities to be notified

      5. 52.Release from detention of child or young person with special educational needs

    6. Transport in England

      1. 53.Provision of transport etc for persons of sixth form age: duty to have regard to section 15ZA duty

      2. 54.Transport policy statements for persons of sixth form age: consultation

      3. 55.Transport policy statements for persons of sixth form age: content and publication

      4. 56.Complaints about transport arrangements etc for persons of sixth form age

      5. 57.Local education authorities in England: provision of transport etc for adult learners

    7. Powers in respect of non-maintained schools

      1. 58.Power of LEAs to arrange provision of education at non-maintained schools

    8. General

      1. 59.Minor and consequential amendments

  4. Part 3 The Young People’s Learning Agency for England

    1. Chapter 1 Establishment

      1. 60.The Young People’s Learning Agency for England

    2. Chapter 2 Main functions

      1. Funding

        1. 61.Provision of financial resources

        2. 62.Financial resources: conditions

        3. 63.Performance assessments

        4. 64.Means tests

        5. 65.Prohibition on charging

      2. Securing provision of education and training

        1. 66.Securing provision of education and training

        2. 67.Intervention for purpose of securing provision of education and training

      3. Provision of services and assistance

        1. 68.Provision of services

        2. 69.Assistance with respect to employment and training

        3. 70.Assistance with respect to employment and training: Northern Ireland

      4. Miscellaneous

        1. 71.Research, information and advice

        2. 72.Guidance by YPLA

        3. 73.Intervention powers: policy statement

        4. 74.Power to confer supplementary functions on YPLA

    3. Chapter 3 YPLA’s functions: supplementary

      1. 75.Directions by Secretary of State

      2. 76.Guidance by Secretary of State

    4. Chapter 4 Academy arrangements

      1. 77.Academy arrangements

      2. 78.Grants for purposes of Academy arrangements functions

      3. 79.Academy arrangements: information sharing

    5. Chapter 5 General

      1. 80.Interpretation of Part

  5. Part 4 The Chief Executive of Skills Funding

    1. Chapter 1 Establishment and main duties

      1. The Chief Executive

        1. 81.The Chief Executive of Skills Funding

      2. Apprenticeship functions

        1. 82.Apprenticeship functions

      3. Apprenticeship training for persons aged 16 to 18 and certain young adults

        1. 83.Apprenticeship training for persons aged 16 to 18 and certain young adults

        2. 84.Arrangements and co-operation with local education authorities

        3. 85.Encouragement of training provision etc for persons within section 83

      4. Education and training for persons aged 19 or over etc.

        1. 86.Education and training for persons aged 19 or over and others subject to adult detention

        2. 87.Learning aims for persons aged 19 or over: provision of facilities

        3. 88.Learning aims for persons aged 19 or over: payment of tuition fees

        4. 89.Sections 87 and 88: supplementary

        5. 90.Encouragement of education and training for persons aged 19 or over and others subject to adult detention

      5. The apprenticeship offer

        1. 91.Duty to secure availability of apprenticeship places

        2. 92.Election for apprenticeship offer

        3. 93.Meaning of “apprenticeship place”

        4. 94.Suitability and availability of apprenticeship places: further provision

        5. 95.Apprenticeship offer requirements

        6. 96.Apprenticeship offer requirements: interpretation

        7. 97.Suspension of offer

        8. 98.Power to amend apprenticeship offer

        9. 99.Apprenticeship offer: interpretation

    2. Chapter 2 Other functions

      1. Funding

        1. 100.Provision of financial resources

        2. 101.Financial resources: conditions

        3. 102.Performance assessments

        4. 103.Means tests

      2. Apprenticeships: general

        1. 104.Assistance and support in relation to apprenticeship places

        2. 105.Promoting progression from level 2 to level 3 apprenticeships

        3. 106.Advice and assistance in relation to apprenticeships

      3. Provision of services and assistance

        1. 107.Provision of services

        2. 108.Assistance with respect to employment and training

        3. 109.Assistance with respect to employment and training: Northern Ireland

      4. Miscellaneous

        1. 110.Research, information and advice

        2. 111.Power to confer supplementary functions on Chief Executive

    3. Chapter 3 Chief Executive’s functions: supplementary

      1. Strategies

        1. 112.Strategies for functions of Chief Executive

        2. 113.Strategy for functions of Chief Executive: Greater London

        3. 114.Strategies: duty of Chief Executive

      2. Other

        1. 115.Persons with learning difficulties

        2. 116.Persons subject to adult detention

        3. 117.Use of information by Chief Executive

        4. 118.Guidance

        5. 119.Directions: funding of qualifications

        6. 120.Other directions relating to functions of the office

    4. Chapter 4 General

      1. 121.Interpretation of Part

  6. Part 5 Parts 2 to 4: supplementary

    1. Information

      1. 122.Sharing of information for education and training purposes

    2. The Learning and Skills Council for England

      1. 123.Dissolution of the Learning and Skills Council for England

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

  7. Part 6 The sixth form college sector

    1. 125.Sixth form college sector

    2. 126.Removal of power to establish sixth form schools

  8. Part 7 The Office of Qualifications and Examinations Regulation

    1. Chapter 1 Establishment, objectives and general duties

      1. Establishment

        1. 127.The Office of Qualifications and Examinations Regulation

      2. Objectives and general duties

        1. 128.Objectives

        2. 129.General duties

      3. Regulated qualifications and regulated assessment arrangements

        1. 130.Meaning of “regulated qualifications” etc.

        2. 131.Meaning of “regulated assessment arrangements” etc.

    2. Chapter 2 Functions in relation to qualifications

      1. Recognition of awarding bodies

        1. 132.Recognition

        2. 133.Criteria for recognition

        3. 134.General conditions of recognition

        4. 135.Other conditions of recognition

        5. 136.Fee capping conditions: supplementary

        6. 137.Entry and inspection conditions: supplementary

      2. Accreditation of certain qualifications

        1. 138.Qualifications subject to the accreditation requirement

        2. 139.Accreditation

        3. 140.Criteria for accreditation

      3. Minimum requirements

        1. 141.Power to specify minimum requirements

        2. 142.Consultation before making order specifying minimum requirements

        3. 143.Effect of order specifying minimum requirements

        4. 144.Revocation and amendment of orders specifying minimum requirements

      4. Guided learning

        1. 145.Assignment of number of hours of guided learning

        2. 146.Criteria for assignment of number of hours of guided learning

      5. Surrender

        1. 147.Surrender of recognition

      6. Register

        1. 148.Register

      7. Recognised bodies: monitoring and enforcement

        1. 149.Review of activities of recognised bodies

        2. 150.Investigation of complaints

        3. 151.Power to give directions

        4. 152.Power to withdraw recognition

        5. 153.Qualifications regulatory framework

      8. Other

        1. 154.Review of qualifications to which Part applies

        2. 155.Review of system for allocating values to qualifications

        3. 156.Co-operation and joint working

        4. 157.Power to provide information to qualifications regulators

      9. General

        1. 158.Interpretation of Chapter

    3. Chapter 3 Functions in relation to assessment arrangements

      1. Development etc. of regulated assessment arrangements

        1. 159.NC assessment arrangements: duty to consult Ofqual etc.

        2. 160.EYFS assessment arrangements: duty to consult Ofqual etc.

      2. Review etc. of regulated assessment arrangements

        1. 161.Review of regulated assessment arrangements

        2. 162.Powers to require information

        3. 163.Duty to notify significant failings

      3. Regulatory frameworks

        1. 164.NC assessments regulatory framework

        2. 165.EYFS assessments regulatory framework

      4. General

        1. 166.Interpretation of Chapter

    4. Chapter 4 Other functions

      1. 167.Provision of services

      2. 168.Provision of information or advice

      3. 169.Research and development

      4. 170.Duty not to impose or maintain unnecessary burdens

      5. 171.Annual and other reports

    5. Chapter 5 General

      1. 172.Interpretation of Part

      2. 173.Transfer schemes

      3. 174.Minor and consequential amendments

  9. Part 8 The Qualifications and Curriculum Development Agency

    1. Chapter 1 The QCDA, objective and general duties

      1. The QCDA

        1. 175.The Qualifications and Curriculum Development Agency

      2. Objective and general duties

        1. 176.Objective

        2. 177.General duties

    2. Chapter 2 Functions in relation to qualifications

      1. 178.Qualifications within the QCDA’s remit

      2. 179.Qualifications: general functions

      3. 180.Assistance etc. in relation to qualifications functions of Ofqual

    3. Chapter 3 Functions in relation to curriculum, Early Years Foundation Stage and assessment

      1. 181.Curriculum

      2. 182.Early learning goals and educational programmes

      3. 183.Assessment arrangements

    4. Chapter 4 Other functions and supplementary provision

      1. Other functions

        1. 184.Provision of services or other assistance

        2. 185.Provision of information or advice

        3. 186.Ancillary activities

        4. 187.Co-operation and joint working

        5. 188.Power to confer supplementary functions on the QCDA

      2. Supplementary provision

        1. 189.Directions etc. by the Secretary of State

        2. 190.Guidance by the Secretary of State

    5. Chapter 5 General

      1. 191.Interpretation of Part

      2. 192.Minor and consequential amendments

  10. Part 9 Children’s services

    1. Co-operation to improve well-being of children

      1. 193.Arrangements to promote co-operation

      2. 194.Children’s Trust Boards

    2. Safeguarding and promoting the welfare of children

      1. 195.Targets for safeguarding and promoting the welfare of children

      2. 196.Local Safeguarding Children Boards: lay members

      3. 197.Local Safeguarding Children Boards: annual reports

    3. Children’s centres

      1. 198.Arrangements for children’s centres

      2. 199.Inspection of children’s centres

      3. 200.Children’s centres: safeguarding children

    4. Arrangements in respect of early childhood services

      1. 201.Arrangements in respect of early childhood services

    5. Early years provision: budgetary framework

      1. 202.Free of charge early years provision: budgetary framework: England

  11. Part 10 Schools

    1. Chapter 1 Schools causing concern

      1. Schools causing concern: England

        1. 203.Powers in relation to schools causing concern: England

        2. 204.Power to require LEAs in England to obtain advisory services

      2. Schools causing concern: Wales

        1. 205.Powers in relation to schools causing concern: Wales

    2. Chapter 2 Complaints: England

      1. 206.Complaints to which this Chapter applies

      2. 207.Power of Local Commissioner to investigate complaint

      3. 208.Time-limit etc for making complaint

      4. 209.Procedure in respect of investigations

      5. 210.Investigations: further provisions

      6. 211.Statements about investigations

      7. 212.Adverse findings notices

      8. 213.Publication of statements etc. by Local Commissioner

      9. 214.Disclosure of information

      10. 215.Permitted disclosures of information by Local Commissioner

      11. 216.Law of defamation

      12. 217.Consultation with Parliamentary Commissioner for Administration

      13. 218.Arrangements etc. to be made by Commission

      14. 219.Annual reports

      15. 220.Secretary of State’s power of direction

      16. 221.Disapplication of certain powers of Secretary of State

      17. 222.Power to amend meaning of “qualifying school”

      18. 223.Amendments consequential on Chapter 2

      19. 224.Interpretation of Chapter 2

    3. Chapter 3 Inspections

      1. 225.Interim statements

      2. 226.Powers of persons providing administrative support in connection with inspections

    4. Chapter 4 School Support Staff Pay and Conditions: England

      1. The SSSNB

        1. 227.The School Support Staff Negotiating Body

        2. 228.Matters within SSSNB’s remit

      2. Consideration of matter by SSSNB

        1. 229.Referral of matter to SSSNB for consideration

        2. 230.Consideration of other matters by SSSNB

      3. Powers of Secretary of State on submission of SSSNB agreement

        1. 231.Agreement submitted by SSSNB under section 229 or 230

      4. Reconsideration by SSSNB

        1. 232.Reconsideration of agreement by SSSNB

        2. 233.SSSNB’s submission of agreement following reconsideration: powers of Secretary of State

      5. Powers of Secretary of State in absence of SSSNB agreement

        1. 234.Powers of Secretary of State in absence of SSSNB agreement

      6. Orders

        1. 235.Effect of order ratifying SSSNB agreement

        2. 236.Effect of order making provision otherwise than in terms of SSSNB agreement

        3. 237.Orders: supplementary

      7. Guidance

        1. 238.Guidance

      8. General

        1. 239.Non-statutory School Support Staff Negotiating Body

        2. 240.“School support staff”

        3. 241.General interpretation

  12. Part 11 Learners

    1. Power to search for prohibited items

      1. 242.Power of members of staff to search pupils for prohibited items: England

      2. 243.Power of members of staff to search pupils for weapons: Wales

      3. 244.Power of members of staff to search students for prohibited items: England

      4. 245.Power of members of staff to search students for weapons: Wales

    2. Recording and reporting use of force

      1. 246.Recording and reporting the use of force in schools: England

      2. 247.Recording and reporting the use of force in FE institutions: England

    3. School behaviour and attendance partnerships

      1. 248.Co-operation with a view to promoting good behaviour, etc.: England

    4. Short stay schools

      1. 249.Short stay schools: miscellaneous

  13. Part 12 Miscellaneous

    1. Careers education

      1. 250.Careers education in schools: England

    2. Information about local authority expenditure

      1. 251.Information about planned and actual expenditure

      2. 252.Information about expenditure: supplementary

      3. 253.Information about expenditure: consequential amendments

    3. Support for participation in education and training

      1. 254.Provision of social security information for purposes of functions under Education and Skills Act 2008

      2. 255.Provision of other information in connection with support services

    4. Further education corporations

      1. 256.Further education corporations in England: co-operation and promotion of well-being

    5. Student loans

      1. 257.Student loans under the 1998 Act: IVAs

      2. 258.Student loans under the 1990 Act: IVAs and bankruptcy

    6. Foundation degrees: Wales

      1. 259.Power to award foundation degrees: Wales

    7. Complaints: Wales

      1. 260.Complaints: Wales

    8. Local Government Act 1974

      1. 261.Local Government Act 1974: minor amendment

  14. Part 13 General

    1. 262.Orders and regulations

    2. 263.Directions

    3. 264.General interpretation of Act

    4. 265.Power to make consequential and transitional provision etc.

    5. 266.Repeals and revocations

    6. 267.Financial provisions

    7. 268.Extent

    8. 269.Commencement

    9. 270.Short title

    1. Schedule 1

      Employee study and training: minor and consequential amendments

    2. Schedule 2

      LEA functions: minor and consequential amendments

    3. Schedule 3

      The Young People’s Learning Agency for England

    4. Schedule 4

      The Chief Executive of Skills Funding

    5. Schedule 5

      Learning aims for persons aged 19 or over

      1. Part 1 Qualifications to which Schedule applies

      2. Part 2 Power to specify

    6. Schedule 6

      Dissolution of the Learning and Skills Council for England: minor and consequential amendments

    7. Schedule 7

      Learning and Skills Council for England: transfer schemes

    8. Schedule 8

      Sixth form college sector

    9. Schedule 9

      The Office of Qualifications and Examinations Regulation

    10. Schedule 10

      QCA: transfer schemes

    11. Schedule 11

      The Qualifications and Curriculum Development Agency

    12. Schedule 12

      Ofqual and the QCDA: minor and consequential amendments

    13. Schedule 13

      Powers in relation to schools causing concern: England

    14. Schedule 14

      Powers in relation to schools causing concern: Wales

    15. Schedule 15

      The School Support Staff Negotiating Body

    16. Schedule 16

      Repeals and revocations

      1. Part 1 LEA functions

      2. Part 2 Dissolution of the LSC

      3. Part 3 Sixth form college sector

      4. Part 4 Ofqual and the QCDA

      5. Part 5 Co-operation to improve well-being of children

      6. Part 6 Schools causing concern

      7. Part 7 Complaints

      8. Part 8 School inspections

      9. Part 9 Information about local authority expenditure

      10. Part 10 Support for participation in education and training

      11. Part 11 Foundation degrees: Wales

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