Explanatory Notes

Apprenticeships, Skills, Children and Learning Act 2009

2009 CHAPTER 22

12 November 2009

Commentary on Sections

Part 4: the Chief Executive of Skills Funding

Chapter 3: Chief Executive’s functions: supplementary
Strategies
Section 119: Directions: funding of qualifications

326.This section provides for the Secretary of State to direct the Chief Executive to secure (by way of imposing a condition) that funding he provides is not used to make payments in respect of certain specified qualifications. The direction from the Secretary of State would be expected to specify the qualification or qualifications which he considers to be inappropriate for public funding and should therefore be excluded, and may set out the details under which financial resources should not be provided, such as a course leading to a qualification, or exam fees for a qualification.

327.Subsection (2) defines the terms “an excluded payment” and “relevant institution or employer” for the purposes of this section.

328.The overall purpose of the section is to ensure that the funding provided by the Secretary of State to the Chief Executive is used to fund qualifications which the Secretary of State thinks are appropriate to receive public funding, and provides a mechanism for the Secretary of State to prevent the public funding of qualifications where he deems it inappropriate to provide such funding.