Apprenticeships, Skills, Children and Learning Act 2009

Prospective

Chapter 4 E+W Academy arrangements

77 Academy arrangements E+W

(1) The Secretary of State may require the YPLA to enter into Academy arrangements with the Secretary of State.

(2) For the purposes of this Chapter “Academy arrangements” are arrangements under which the YPLA is required to exercise specified Academy functions on the Secretary of State's behalf in accordance with the arrangements.

(3) An “Academy function” is a function of the Secretary of State relating to or exercisable in connection with—

(a) Academies, city technology colleges or city colleges for the technology of the arts generally, or

(b) a particular, or particular description of, Academy, city technology college or city college for the technology of the arts.

(4) But Academy functions do not include—

(a) the function of entering into an agreement under section 482(1) of the Education Act 1996 (c. 56), or

(b) functions of making, confirming or approving subordinate legislation.

(5) Academy arrangements must include provision about the procedure for complaints to be made to the Secretary of State about what the YPLA has done, or failed to do, under the arrangements.

(6) “Subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) (see section 21(1) of that Act).

(7) References in a provision made by or under any Act to the functions of the YPLA do not include any functions conferred or imposed on the YPLA under Academy arrangements.

78 Grants for purposes of Academy arrangements functions E+W

(1) The Secretary of State may make grants to the YPLA for the purposes of any functions that are or may be conferred or imposed on the YPLA under Academy arrangements.

(2) Grants to the YPLA under this section are to be made at such times and subject to such conditions (if any) as the Secretary of State thinks appropriate.

(3) Conditions to which a grant is subject may (in particular)—

(a) require the YPLA to use the grant for specified purposes;

(b) require the YPLA to comply with specified requirements in respect of persons or persons of a specified description;

(c) enable repayment (in whole or part) to be required of sums paid by the Secretary of State if any condition subject to which the grant was made is not complied with;

(d) require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any condition remains unpaid.

(4) Requirements which may be imposed under subsection (3)(b) include in particular requirements that, if the YPLA provides specified financial resources, it is to impose specified conditions.

79 Academy arrangements: information sharing E+W

(1) This section applies if the Secretary of State and the YPLA enter into Academy arrangements.

(2) A person within subsection (3) may provide information to any other person within that subsection for the purpose of enabling or facilitating the exercise of any relevant function.

(3) The persons are—

(a) the Secretary of State;

(b) the YPLA;

(c) a relevant Academy;

(d) any other person by or in respect of whom a relevant function is exercisable.

(4) A “relevant function” is—

(a) a function conferred or imposed on the YPLA under the arrangements;

(b) a function of the Secretary of State, a relevant Academy, or any other person, which is exercisable in connection with a function conferred or imposed on the YPLA under the arrangements.

(5) A “relevant Academy” is an Academy, city technology college or city college for the technology of the arts in relation to which a function is exercisable by the YPLA under the arrangements.

(6) Nothing in this section—

(a) affects a power to disclose information that exists apart from this section, or

(b) authorises the disclosure of any information in contravention of a provision made by or under any Act which prevents disclosure of the information.