Part 4F8Apprenticeships and adult education and training: role of Secretary of State
Chapter 1F7Apprenticeships and adult education and training
Pt. 4 Ch. 1 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(b)
Education and training for persons aged 19 or over etc.
I1C29C11C35C7C17C13C19C31C5C1C25C23C37C3986Education and training for persons aged 19 or over and others subject to adult detention
1
F12The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate for—
a
education suitable to the requirements of persons who are aged 19 or over, other than persons aged under 25 F5for whom an EHC plan is maintained ,
b
education suitable to the requirements of persons who are subject to adult detention, and
c
training suitable to the requirements of persons within paragraphs (a) and (b).
2
This section does not apply to the provision of facilities to the extent that section F383A or 87 applies to the provision of those facilities.
F113
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F104
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5
For the purposes of this section a reference to the provision of facilities for education or training (except so far as relating to facilities for persons subject to adult detention) includes a reference to the provision of facilities for organised leisure-time occupation in connection with education or (as the case may be) training.
6
For the purposes of this section—
“education” includes full-time and part-time education;
“training” includes—
- a
full-time and part-time training;
- b
vocational, social, physical and recreational training;
- c
apprenticeship training.
- a
7
In this Part, “organised leisure-time occupation” means leisure-time occupation, in such organised cultural training and recreational activities as are suited to the requirements of persons who fall within subsection (1)(a) or (b), for any such persons who are able and willing to profit by facilities provided for that purpose.
F98
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I2C32C29C11C8C2C20C35C17C14C5C26C23C37C4087Learning aims for persons aged 19 or over: provision of facilities
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F13The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate for relevant education or training for persons falling within subsection (3) which is suitable to their requirements.
2
Relevant education or training is education or vocational training provided by means of a course of study for a qualification to which paragraph 1 of Schedule 5 applies.
3
The persons falling within this subsection are persons who—
a
are aged 19 or over, and are not persons aged under 25 F6for whom an EHC plan is maintained ,
b
do not have the qualification in question or one (including one awarded by a person outside England) which appears to the F14Secretary of State to be at a comparable or higher level, and
c
satisfy such conditions as may be specified in regulations.
F154
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F165
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6
For the purposes of this section—
“education” includes full-time and part-time education;
“training” includes full-time and part-time training.
I3C29C11C35C17C21C33C9C3C27C5C15C23C41C3788Learning aims for persons aged 19 or over: payment of tuition fees
1
Functions under this Part must be exercised by the F17Secretary of State so as to secure that a course of study for a qualification to which F1paragraph 1(a) or (b) of Schedule 5 applies is free to a person falling within subsection (2) if it is provided for the person by virtue of facilities whose provision is secured under section 87.
2
A person falls within this subsection if, at the time of starting the course in question, the person—
a
is aged 19 or over,
b
does not have the qualification in question or one (including one awarded by a person outside England) which appears to the F18Secretary of State to be at a comparable or higher level, and
c
satisfies such conditions as may be specified in regulations.
F22A
Functions under this Part must be exercised by the F19Secretary of State so as to secure that a course of study for a qualification to which paragraph 1(c) of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 87.
3
Functions under this Part must be exercised by the F20Secretary of State so as to secure that a course of study for a qualification to which paragraph 2 of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 86.
4
A person falls within this subsection if, at the time of starting the course in question, the person—
a
is aged at least 19 but less than F424 ,
b
does not have the qualification in question or one (including one awarded by a person outside England) which appears to the F21Secretary of State to be at a comparable or higher level, and
c
satisfies such conditions as may be specified in regulations.
5
The Secretary of State may by order—
a
amend subsection (2)(a) by substituting a different age for the age for the time being referred to;
b
amend subsection (4)(a) by substituting a different age for either of the ages for the time being referred to.
6
For the purposes of this section, a course is free to a person if no tuition fees in respect of the provision of the course for the person are payable by a person other than—
a
the F22Secretary of State , or
b
a body specified by order by the Secretary of State for the purposes of this section.
7
In subsection (6) “tuition fees”, in relation to a course, means—
a
the fees charged in respect of the course by the person providing it, and
b
such fees in respect of other matters relating to the course (such as undergoing a preliminary assessment or sitting an examination) as may be specified in regulations.
I489Sections 87 and 88: supplementary
1
Regulations may make provision as to circumstances in which—
a
despite having a specified qualification, a person is to be treated for the purposes of section 87 or 88 as not having that qualification;
b
despite not having a specified qualification, a person is to be treated for any of those purposes as having that qualification.
2
A condition specified in regulations under section 87 or 88 may, in particular, relate to—
a
the possession, or lack, of a specified qualification;
b
the completion of, or failure to complete, a course for a specified qualification.
3
A reference in subsection (1) or (2) to a specified qualification is to a qualification specified, or of a description specified, in the regulations.
4
Regulations under this section, or under section 87 or 88, may confer a function (which may relate to the administration of an assessment and may include the exercise of a discretion) on a person specified, or of a description specified, in the regulations.
5
Nothing in section 87 or 88 applies to the provision of facilities, or to courses of study, for persons subject to adult detention.
6
Part 2 of Schedule 5 makes further provision for the purposes of sections 87 and 88.
I5C4C34C10C16C30C6C18C12C24C22C36C28C38C4290Encouragement of education and training for persons aged 19 or over and others subject to adult detention
1
The F24Secretary of State must—
a
encourage participation by persons within section 86(1)(a) and (b) in education and training within the F25Secretary of State's remit under this Part ;
b
encourage employers to participate in the provision of education and training within the F25Secretary of State's remit under this Part for persons within section 86(1)(a);
c
encourage employers to contribute to the costs of education and training within the F25Secretary of State's remit under this Part for such persons.
2
For the purposes of subsection (1)(b), participating in the provision of training includes participating by entering into—
F23a
an approved English apprenticeship, or
b
any contract of employment (other than an approved English apprenticeship agreement) in connection with which training is provided.
Pt. 4 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(a)