Apprenticeships, Skills, Children and Learning Act 2009

Reconsideration by SSSNB

232 Reconsideration of agreement by SSSNB

(1) This section applies if, under section 231(2)(b) or section 233(2)(b), the Secretary of State refers an agreement back to the SSSNB for reconsideration.

(2) The Secretary of State may specify—

(a) factors to which the SSSNB must have regard in the reconsideration;

(b) a date by which the SSSNB must comply with subsection (4).

(3) The SSSNB must reconsider the agreement, having regard to any factors specified under subsection (2)(a).

(4) After completing its reconsideration, the SSSNB must—

(a) if it has agreed revisions to the agreement, submit to the Secretary of State a new version of the agreement incorporating the revisions;

(b) if it has not agreed revisions to the agreement, submit the existing version of the agreement to the Secretary of State.

(5) If the Secretary of State specifies a date under subsection (2)(b), the SSSNB must comply with subsection (4) no later than that date.

(6) The Secretary of State may, at any time before the SSSNB has complied with subsection (4) in relation to an agreement referred back to it for reconsideration—

(a) withdraw the reference of the agreement;

(b) if factors have been specified under subsection (2)(a), withdraw or vary those factors, or specify further factors under that paragraph;

(c) if a date has been specified under subsection (2)(b), specify a later date under that paragraph.

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

(1) This section applies if the SSSNB submits an agreement about a matter to the Secretary of State under section 232.

(2) Subject to subsections (3) and (4), the Secretary of State may—

(a) by order ratify the agreement;

(b) refer the agreement back to the SSSNB for reconsideration (see section 232);

(c) by order require specified persons to have regard to the agreement in exercising specified functions;

(d) by order make provision, in relation to a matter to which the agreement relates, otherwise than in the terms of the agreement.

(3) The Secretary of State may refer an agreement about a matter back to the SSSNB for reconsideration only if it appears to the Secretary of State that the condition in subsection (5) is met.

(4) The Secretary of State may make an order under subsection (2)(d) in relation to a matter only if it appears to the Secretary of State that—

(a) the condition in subsection (5) is met, and

(b) there is an urgent need to make provision in relation to the matter.

(5) The condition is that one or more of the following applies—

(a) the agreement does not properly address the matter;

(b) it is not practicable to implement the agreement;

(c) the SSSNB failed in reconsidering the agreement to have regard to factors specified under section 232(2)(a).

(6) In this section, “specified”, in relation to an order, means specified in the order.