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Apprenticeships, Skills, Children and Learning Act 2009

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

733.This section applies where the SSSNB has resubmitted an agreement following reconsideration. The Secretary of State may:

  • make an order ratifying the agreement;

  • refer the agreement back to the SSSNB for further consideration;

  • make an order requiring particular persons to have regard to the agreement;

  • make an order which makes provision otherwise than in the terms of the agreement.

734.The Secretary of State may refer an agreement back to the SSSNB for further reconsideration only if it appears to the Secretary of State that:

  • the agreement does not properly address the matter that was referred to the SSSNB; or

  • it is not practicable to implement the agreement; or

  • the SSSNB has failed to take into account factors specified by the Secretary of State on referral of the matter to the SSSNB for reconsideration.

735.The Secretary of State may make an order otherwise than in the terms of the agreement only if it appears to him that one or more of the above conditions applies, and that there is an urgent need to make such an order.

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