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Apprenticeships, Skills, Children and Learning Act 2009

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Apprenticeships, Skills, Children and Learning Act 2009. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Background and Summary

    1. Local education authority

  3. Overview of the Structure

    1. Part 1: Apprenticeships, Study and Training

    2. Part 2: Local Education Authority (LEA) Functions

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

    4. Part 4: The Chief Executive of Skills Funding

    5. Part 5: Parts 2 to 4 Supplementary

    6. Part 6: The sixth form college sector

    7. Part 7: Office of Qualifications and Examinations Regulation

    8. Part 8: Qualifications and Curriculum Development Agency

    9. Part 9: Children’s Services

    10. Part 10: Schools

    11. Part 11: Learners

    12. Part 12: Miscellaneous

  4. Territorial Extent and Application

    1. Territorial application: Scotland

    2. Territorial application: Wales

    3. Territorial application: Northern Ireland

  5. Commentary on Sections

    1. Part 1: Apprenticeships, Study and Training

      1. Chapter 1: Apprenticeships

        1. Completing an apprenticeship

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

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

        2. Apprenticeship certificates: England

          1. Section 3: Duty to issue: England

          2. Section 4: Power to issue: England

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

          4. Section 6: The English certifying authority

          5. Section 7: Duty to issue: Wales, Section 8: Power to issue: Wales, Section 9: Issue by the Welsh certifying authority: supplementary, Section 10: The Welsh certifying authority

          6. Section 11: Contents of apprenticeship certificate

        3. Apprenticeship frameworks: England and Wales

        4. Apprenticeship Frameworks: England

          1. Section 13: English issuing authority

          2. Section 14: Issue: England

          3. Section 15: Recognised English frameworks: notification and publication

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

          5. Section 17: Transitional provision: England

        5. Apprenticeship frameworks: Wales

          1. Section 18: Welsh issuing authority, Section 19: Issue: Wales, Section 20: Recognised Welsh frameworks: notification and publication, Section 21: Submission of draft apprenticeship framework for issue: Wales, Section 22: Transitional provision: Wales

        6. Specification of apprenticeship standards: England

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

          2. Section 24: Order bringing specification into effect

          3. Section 25: Modification: England

          4. Section 26: Replacement or modification: recognised English frameworks

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

        7. Specification of apprenticeship standards: Wales

          1. Section 28: Specification of apprenticeship standards for Wales, Section 29: Modification: Wales, Section 30: Replacement or modification: recognised Welsh frameworks, Section 31: Contents of specification of apprenticeship standards for Wales

        8. Apprenticeship agreements: England and Wales

          1. Section 32: Meaning of “apprenticeship agreement”

          2. Section 33: Ineffective provisions

          3. Section 34: Variation

          4. Section 35: Status

          5. Section 36: Crown servants and Parliamentary staff

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

        9. General

          1. Section 38: Apprenticeship sectors

      2. Chapter 2: Study and Training

        1. Section 40: Employer support for employee study and training

      3. Schedule 1: Employee study and training: minor and consequential amendments

    2. Part 2: Lea Functions

      1. Education and training for persons over compulsory school age

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

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

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

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

      2. The core and additional entitlements

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

      3. Boarding accommodation: persons subject to learning difficulty assessment

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

      4. Work experience

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

      5. Persons detained in youth accommodation

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

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

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

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

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

      6. Transport in England

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

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

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

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

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

      7. Powers in respect of non-maintained schools

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

        2. Section 59 and Schedule 2: Minor and consequential amendments

    3. Part 3: the Young People’s Learning Agency for England

      1. Chapter 1: Establishment

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

        2. Schedule 3: The Young People’s Learning Agency for England

      2. Chapter 2: Main Functions

        1. Funding

          1. Section 61: Provision of financial resources

          2. Section 62: Financial resources: conditions

          3. Section 63: Performance assessments

          4. Section 64: Means tests

          5. Section 65: Prohibition on charging

        2. Securing provision of education and training

          1. Section 66: Securing provision of education or training

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

        3. Provision of services and assistance

          1. Section 68: Provision of services

          2. Section 69: Assistance with respect to employment and training, Section 70: Assistance with respect to employment and training: Northern Ireland

        4. Miscellaneous

          1. Section 71: Research, information and advice

          2. Section 72: Guidance by YPLA

          3. Section 73: Intervention powers: policy statement

          4. Section 74: Power to confer supplementary functions on YPLA

      3. Chapter 3: YPLA’s Functions: Supplementary

        1. Section 75: Directions by Secretary of State

        2. Section 76: Guidance by Secretary of State

      4. Chapter 4: Academy Arrangements

        1. Section 77: Academy arrangements

        2. Section 78: Grants for purposes of Academy arrangements functions

        3. Section 79: Academy arrangements: information sharing

    4. Part 4: the Chief Executive of Skills Funding

      1. Chapter 1: Establishment and main duties

        1. The Chief Executive

          1. Section 81: The Chief Executive of Skills Funding

          2. Schedule 4: The Chief Executive of Skills Funding

        2. Apprenticeship Functions

          1. Section 82: Apprenticeship functions

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

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

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

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

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

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

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

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

          4. Section 89: Sections 87 and 88: supplementary

          5. Schedule 5: Learning aims for persons aged 19 or over

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

        5. The apprenticeship offer

          1. Section 91: Duty to secure availability of apprenticeship places

          2. Section 92: Election for apprenticeship offer

          3. Section 93: Meaning of “apprenticeship place”

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

          5. Section 95: Apprenticeship offer requirements,

            Section 96: Apprenticeship offer requirements: interpretation

          6. Section 97: Suspension of offer

          7. Section 98: Power to amend apprenticeship offer

      2. Chapter 2: Other functions

        1. Funding

          1. Section 100: Provision of financial resources

          2. Section 101: Financial resources: conditions

          3. Section 102: Performance assessments

          4. Section 103: Means tests

          5. Section 104: Assistance and support in relation to apprenticeship places

          6. Section 105: Promoting progression from level 2 to level 3 apprenticeships

          7. Section 106: Advice and assistance in relation to apprenticeships

        2. Provision of services and assistance

          1. Section 107: Provision of services

          2. Section 108: Assistance with respect to employment and training, Section 109: Assistance with respect to employment and training: Northern Ireland

        3. Miscellaneous

          1. Section 110: Research, information and advice

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

      3. Chapter 3: Chief Executive’s functions: supplementary

        1. Strategies

          1. Section 112: Strategies for functions of Chief Executive

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

          3. Section 114: Strategies: duty of Chief Executive

          4. Section 115: Persons with learning difficulties

          5. Section 116: Persons subject to adult detention

          6. Section 117: Use of information by Chief Executive

          7. Section 118: Guidance

          8. Section 119: Directions: funding of qualifications

          9. Section 120: Other directions relating to the functions of the office

    5. Part 5: Parts 2 to 4: Supplementary

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

      2. The Learning and Skills Council for England

        1. Section 123: Dissolution of the Learning and Skills Council for England, Section 124: Dissolution of the Learning and Skills Council: transfer schemes

        2. Schedule 6: Dissolution of the Learning and Skills Council for England: Minor and consequential amendments

        3. Schedule 7: Learning and Skills Council for England: transfer schemes

    6. Part 6: the Sixth Form College Sector

      1. Section 125: Sixth form college sector

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

      3. Schedule 8: Sixth form college sector

        1. Section 33A: Initial designation of existing bodies corporate as sixth form college corporations

        2. Section 33B: Subsequent designation of existing bodies corporate as sixth form college corporations

        3. Section 33C: Establishment of new bodies corporate as sixth form college corporations

        4. Section 33D: Conversion of sixth form college corporations into further education corporations

        5. Section 33E: Principal powers of a sixth form college corporation, Section 33F: Supplementary powers of a sixth form college corporation, Section 33G: Further provision about supplementary powers

        6. Section 33H: Duty in relation to promotion of well-being of local area

        7. Section 33I: Constitution of sixth form college corporation and conduct of sixth form college, Section 33J: Special provision for certain institutions, Section 33K: Instrument and articles of new sixth form college corporations, Section 33L: Changes to instruments and articles

        8. Section 33M: Charitable status of a sixth form college corporation

        9. Section 33N: Dissolution of sixth form college corporations

        10. Sections 56E and 56F: Intervention by LEAs: sixth form colleges

        11. Section 56G: Intervention policy: sixth form colleges

        12. Sections 56H & 56I: Intervention by YPLA

        13. Section 56J: Notification by Chief Executive of Skills Funding of possible grounds for intervention

    7. Part 7: Office of Qualifications and Examinations Regulation

      1. Chapter 1: Establishment, objectives and general duties

        1. Section 127: The Office of Qualifications and Examinations Regulation

        2. Schedule 9: The Office of Qualifications and Examinations Regulation

          1. Status

          2. Membership

          3. Chief executive and other staff

          4. Committees

          5. Supplementary powers

        3. Objectives and general duties

          1. Section 128: Objectives

          2. Section 129: General duties

        4. Regulated qualifications and regulated assessment arrangements

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

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

      2. Chapter 2: Functions in relation to qualifications

        1. Recognition of awarding bodies

          1. Section 132: Recognition

          2. Section 133: Criteria for recognition

          3. Section 134: General conditions of recognition

          4. Section 135: Other conditions of recognition

          5. Section 136: Fee capping conditions: supplementary

          6. Section 137: Entry and inspection conditions: supplementary

        2. Accreditation of certain qualifications

          1. Section 138: Qualifications subject to the accreditation requirement

          2. Section 139: Accreditation

          3. Section 140: Criteria for accreditation

        3. Minimum requirements

          1. Section 141: Power to determine minimum requirements

          2. Section 142: Consultation before making determination of minimum requirements

          3. Section 143: Effect of determination of minimum requirements

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

        4. Guided Learning

          1. Section 145: Assignment of numbers of hours of guided learning

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

        5. Surrender

          1. Section 147: Surrender of recognition

        6. Register

          1. Section 148: Register

        7. Recognised bodies: monitoring and enforcement

          1. Section 149: Review of activities of recognised bodies

          2. Section 150: Investigation of complaints

        8. Ofqual’s enforcement powers

          1. Section 151: Power to give directions

          2. Section 152: Power to withdraw recognition

          3. Section 153: Qualifications regulatory framework

        9. Other

          1. Section 154: Review of qualifications to which Part applies

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

          3. Section 156: Co-operation and joint working

          4. Section 157: Power to provide information to qualifications regulators

      3. Chapter 3: Functions in relation to assessment arrangements

        1. Development etc. of regulated assessment arrangements

          1. Section 159: NC assessment arrangements: duty to consult Ofqual etc., Section 160: EYFS assessment arrangements: duty to consult Ofqual etc.

        2. Review etc. of regulated assessment arrangements

          1. Section 161: Review of regulated assessment arrangements

          2. Section 162: Powers to require information

          3. Section 163: Duty to notify significant failings

        3. Regulatory frameworks

          1. Section 164: NC assessments regulatory framework, Section 165: EYFS assessments regulatory framework

      4. Chapter 4: Other functions

        1. Section 167: Provision of services

        2. Section 168: Provision of information or advice

        3. Section 169: Research and development

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

        5. Section 171: Annual and other reports

      5. Chapter 5: General

        1. Section 172: Interpretation of Part

        2. Section 173: Transfer schemes

        3. Schedule 10: transfer schemes

        4. Section 174: Minor and consequential amendments

    8. Part 8: the Qualifications and Curriculum Development Agency

      1. Chapter 1: The QCDA, objective and general duties

        1. The QCDA

          1. Section 175: The Qualifications and Curriculum Development Agency

          2. Schedule 11: The Qualifications and Curriculum Development Agency

            1. (1)

              Status

            2. (2)

              Membership

            3. (3)

              Staff

            4. (4)

              Committees and proceedings

            5. (5)

              Reports and accounts

            6. (6)

              Documents

            7. (7)

              Funding

            8. (8)

              Supplementary powers

        2. Objective and general duties

          1. Section 176: Objective

          2. Section 177: General duties

      2. Chapter 2: Functions in relation to qualifications

        1. Section 178: Qualifications within the QCDA’s remit

        2. Section 179: Qualifications: general functions

        3. Section 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. Section 181: Curriculum

        2. Section 182: Early learning goals and educational programmes

        3. Section 183: Assessment arrangements

      4. Chapter 4: Other functions and supplementary provision

        1. Other functions

          1. Section 184: Provision of services or other assistance

          2. Section 185: Provision of information or advice

          3. Section 186: Ancillary activities

          4. Section 187: Co-operation and joint working

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

        2. Supplementary provision

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

          2. Section 190: Guidance by the Secretary of State

      5. Chapter 5: General

        1. Section 192: Minor and consequential amendments

        2. Schedule 12: Ofqual and the QCDA: minor and consequential amendments

          1. (1)

            Those that relate to the establishment of Ofqual as a new Non-Ministerial Department and to the change of name and charitable status of the Qualifications and Curriculum Authority (paragraphs 1-10, 20, 25, 30 and 43).

          2. (2)

            Amendments to the Education Act 1996 (paragraphs 9 to 11)

          3. (3)

            The repeal of sections 21 to 26A, section 36 and Schedule 4 to the Education Act 1997 (paragraphs 13 and 21-24)

          4. (4)

            Amendments to the provisions in the Education Act 1997 governing the regulation of qualifications in Wales, keeping the regulatory powers of Welsh Ministers broadly in step with those of Ofqual (paragraphs 14-19)

            1. Paragraph 15

            2. Paragraph 16

            3. Paragraph 17

            4. Paragraph 18

            5. Paragraph 19

          5. (5)

            Amendments to the provisions of the Learning and Skills Act 2000 governing eligibility for public funding for qualifications in maintained schools etc (paragraphs 26-29)

          6. (6)

            Amendments to the provisions of the Education Act 2002 and the Childcare Act 2006 governing NC and Early Years Foundation Stage assessments (paragraphs 31 to 35 and 38 to 41)

            1. Education Act 2002 and Childcare Act 2006

          7. (7)

            Changes to procedures for exemptions from the National Curriculum and Early Years Foundation Stage: Education Act 2002 and Childcare Act 2006 (paragraphs 36 and 42)

          8. (8)

            Changes to streamline consultation relating to the National Curriculum: section 96 of the Education Act 2002 (paragraph 37)

    9. Part 9: Children’s Services

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

        1. Section 193: Arrangements to promote co-operation

        2. Section 194: Children’s Trust Boards

      2. Safeguarding and promoting the welfare of children

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

        2. Section 196: Local Safeguarding Children Boards: lay members

        3. Section 197: Local Safeguarding Children Boards: annual reports

      3. Children’s centres

        1. Section 198: Arrangements for children’s centres

        2. Section 199: Inspection of children’s centres

        3. Section 200: Children’s centres: safeguarding children

        4. Section 201: Arrangements in respect of early childhood services

      4. Early years  provision: budgetary framework

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

    10. Part 10: Schools

      1. Chapter 1: Schools causing concern: England

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

        2. Schedule 13: Powers in relation to schools causing concern: England

        3. Section 204: Power to require LEAs in England to obtain advisory services

        4. Section 205 and Schedule 14: Powers in relation to schools causing concern: Wales

      2. Chapter 2: Complaints: England

        1. Section 206: Complaints to which this Chapter applies

        2. Section 207: Power of Local Commissioner to investigate complaint

        3. Section 208: Time-limit etc for making complaint

        4. Section 209: Procedure in respect of investigations

        5. Section 210: Investigations: further provisions

        6. Section 211: Statements about investigations

        7. Section 212: Adverse findings notices

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

        9. Section 214: Disclosure of information, Section 215: Permitted disclosures of information by Local Commissioner

        10. Section 216: Law of defamation

        11. Section 217: Consultation with Parliamentary Commissioner for Administration

        12. Section 218: Arrangements etc. to be made by Commission

        13. Section 219: Annual reports

        14. Section 220: Secretary of State’s power of direction

        15. Section 221: Disapplication of certain powers of Secretary of State

        16. Section 222: Power to amend meaning of “qualifying school”

        17. Section 223: Amendments consequential on Chapter 2

      3. Chapter 3: Inspections

        1. Section 225: Interim statements

        2. Section 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. Section 227: The School Support Staff Negotiating Body

          2. Schedule 15: The School Support Staff Negotiating Body

          3. Section 228: Matters within SSSNB’s remit

          4. Section 229: Referral of matter to SSSNB for consideration

          5. Section 230: Consideration of other matters by SSSNB

          6. Section 231: Agreement submitted by SSSNB under section 229 or 230

          7. Section 232: Reconsideration of agreement by SSSNB

          8. Section 233: SSSNB's submission of agreement following reconsideration: powers of Secretary of State

          9. Section 234: Powers of Secretary of State in absence of SSSNB agreement

          10. Section 235: Effect of order ratifying SSSNB agreement

          11. Section 236: Effect of order making provision otherwise than in terms of SSSNB agreement

          12. Section 237: Orders: supplementary

          13. Section 238: Guidance

          14. Section 239: Non-statutory School Support Staff Negotiating Body

          15. Section 240: “School support staff”

          16. Section 241: General interpretation

    11. Part 11: Learners

      1. Power to search for prohibited items

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

          1. Section 550ZA: Power of members of staff to search for prohibited items: England

          2. Section 550ZB: Power of search under section 550ZA: supplementary

          3. Section 550ZC: Power to seize items found during search under section 550ZA

          4. Section 550ZD: Section 550ZC: supplementary

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

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

          1. Section 85AA: Power of members of staff to search for prohibited items: England

          2. Section 85AB: Power of search under section 85AA: supplementary

          3. Section 85AC: Power to seize items found during search under section 85AA

          4. Section 85AD: Section 85AC: supplementary

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

      2. Recording and reporting use of force

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

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

      3. School behaviour and attendance partnerships

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

      4. Short stay schools

        1. Section 249: Short stay schools: miscellaneous

    12. Part 12: Miscellaneous

      1. Careers education

        1. Section 250: Careers education in schools: England

      2. Information about local authority expenditure

        1. Section 251: Information about planned and actual expenditure

        2. Section 252: Information about expenditure: supplementary

        3. Section 253: Information about expenditure: consequential amendments

      3. Support for participation in education and training

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

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

      4. Further education corporations

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

      5. Student loans

        1. Section 257: Student loans under the 1998 Act: IVAs, and Section 258: Student loans under the 1990 Act: IVAs and bankruptcy

        2. Section 259: Power to award foundation degrees: Wales

        3. Section 260: Complaints: Wales

        4. Section 261: Local Government Act 1974: minor amendment

    13. Part 13: General

      1. Section 262: Orders and regulations

      2. Section 264: General interpretation of Act

      3. Section 265: Power to make consequential and transitional provision etc

  6. Commencement

  7. Hansard References

  8. Glossary of Terms and Abbreviations

  • Explanatory Notes Table of contents

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