Explanatory Notes

Apprenticeships, Skills, Children and Learning Act 2009

2009 CHAPTER 22

12 November 2009

Commentary on Sections

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

Chapter 2: Main Functions
Funding
Section 61: Provision of financial resources

186.Subsection (1) places a duty on the YPLA to secure the provision of financial resources to persons who provide education and training to young persons within the remit of the new LEA duties imposed by sections 15ZA and 18A of the Education Act 1996 (see sections 41 and 48), and also to LEAs themselves.

187.Under subsection (2), the YPLA must also secure the provision of financial resources as directed by the Secretary of State. This would, for example, allow the Secretary of State to require the YPLA to secure in future the provision of financial resources to a specific group of learners not covered in its duties or powers. However, this would not allow the Secretary of State to require the YPLA to secure the provision of financial resources to a particular person (for example, to provide a certain amount of money to a specific LEA) because of the prohibition in subsection (9).

188.In addition, subsection (3) empowers the YPLA to secure financial resources in respect of provision to learners of and under compulsory school age, and learners aged 19 and over (who have not had a learning difficulty assessment) who started their courses before they were 19. These powers will enable provision to be secured, for example, for:

189.Under subsection (4) the YPLA will have power to pay grants and allowances to learners of all ages. These powers enable the YPLA to secure, for example Care to Learn grants (which are provided to young people who begin their course or learning programme before their 20th birthday), Education Maintenance Allowances (EMAs) (provided to 16 to 18 year olds) and the Adult Learning Grant (a means tested grant provided to adults of all ages). Subsection (7) gives the YPLA the power to take account of fees, charges, and other matters such as the cost of travel or childcare when securing these grants.

190.Subsection (4) also gives the YPLA the power to secure the provision of financial resources for other purposes. This covers:

191.Subsection (6) provides that the YPLA may secure financial resources not only by providing them directly, but also by: