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Apprenticeships, Skills, Children and Learning Act 2009

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Chapter 2U.K.[F1Provision of services to other bodies]

Textual Amendments

F1Pt. 4 Ch. 2 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(c)

FundingE+W

100Provision of financial resourcesE+W

(1)The [F2Secretary of State] may secure the provision of financial resources [F3under this subsection] to—

(a)persons providing or proposing to provide education or training within the [F4Secretary of State's remit under this Part];

(b)persons providing or proposing to provide goods or services in connection with the provision by others of such education or training;

(c)persons receiving or proposing to receive such education or training;

(d)persons aged 18 receiving or proposing to receive education or training;

(e)persons making loans to others receiving or proposing to receive education or training;

F5(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)persons undertaking or proposing to undertake research relating to education or training;

(h)persons carrying out means tests under arrangements made under section 103;

F6(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).

[F7(1A)The Secretary of State may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1))—

(a)for the purpose of encouraging the provision of opportunities for individuals to complete [F8 English statutory apprenticeships ] or to undertake work following the completion of such apprenticeships, or

(b)otherwise in connection with [F8English statutory apprenticeships].]

[F9(1B)The Secretary of State may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1)) in connection with approved technical education qualifications or approved steps towards occupational competence.]

[F10(1AA)The Secretary of State may secure the provision of financial resources under this subsection (whether or not the resources could be secured under subsection (1)) to any of the persons mentioned in subsection (1) in respect of functions under this Part that are exercisable by a combined authority by virtue of an order made under section 105A of the Local Democracy, Economic Development and Construction Act 2009.]

F11(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F12The Secretary of State may secure the provision of financial resources under this section—]

(a)by providing the resources;

(b)by making arrangements for the provision of resources by another person;

(c)by making arrangements for the provision of resources by persons jointly (whether or not including the [F13Secretary of State]).

(4)[F14The Secretary of State may secure the provision of financial resources under this section by reference to—]

(a)any fees or charges payable by the person receiving or proposing to receive the education or training, or

(b)any other matter (such as transport or childcare).

(5)In [F15this section—

“approved steps towards occupational competence” has the meaning given by section A2DB;

“approved technical education qualification” has the meaning given by section A2DA;]

“English statutory apprenticeship” has the same meaning as in section 40A (see subsection (3) of that section).

[F16“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;]

Textual Amendments

F2Words in s. 100(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(2)(a)

F3Words in s. 100(1) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 2(2); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F4Words in s. 100(1)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(2)(b)

F5S. 100(1)(f) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(2)(c)

F6S. 100(1)(i) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 9; S.I. 2012/1087, art. 3

F7S. 100(1A) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 2(3); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F8Words in s. 100(1A) substituted (4.7.2016) by Enterprise Act 2016 (c. 12), ss. 27(a), 44(5); S.I. 2016/695, art. 2(b)

F11S. 100(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(3)

F13Words in s. 100(3)(c) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(4)(b)

Modifications etc. (not altering text)

C7S. 100(1) functions made exercisable concurrently (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 4 (with arts. 1(2), 5)

C8S. 100(1) functions made exercisable concurrently (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 4 (with arts. 1(2), 5)

C9S. 100(1) functions made exercisable concurrently (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 4 (with arts. 1(2), 5)

C10S. 100(1) functions made exercisable concurrently (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 4 (with arts. 1(2), 5)

C12S. 100(1) functions made exercisable concurrently (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 4 (with arts. 1(2), 5)

Commencement Information

I1S. 100 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

101Financial resources: conditionsE+W

(1)Financial resources provided [F17by the Secretary of State under section 100] may be provided subject to conditions.

(2)The conditions may [F18(among other things) ] include—

(a)information conditions;

(b)[F19operational conditions;]

(c)repayment conditions.

(3)Information conditions are conditions which—

(a)require the [F20Secretary of State] , or a person designated by the [F20Secretary of State] , to be given access to a person's accounts and documents and to be given rights in relation to a person's computers and associated apparatus and material, or

(b)require a person to whom financial resources are provided to give to the [F21Secretary of State] such information as the [F21Secretary of State] may request for the purpose of carrying out [F22functions under this Part] .

(4)[F23Operational conditions are conditions which require a person providing or proposing to provide education or training (“the provider”) to make arrangements providing for all or any of the matters mentioned in subsection (5).]

(5)[F24The matters are the following—

(a)the charging of fees by the provider by reference to specified criteria;

(b)the making of awards by the provider by reference to specified criteria;

(c)the recovery by the provider of amounts from persons receiving education or training or from employers (or from both);

(d)the determination of amounts by reference to specified criteria where provision is made under paragraph (c);

(e)the operation of specified exemptions where provision is made under paragraph (c);

(f)the making by the provider of provision specified in [F25an EHC plan or] a report of an assessment under section F26... 140 of the Learning and Skills Act 2000 (c. 21) (assessments relating to learning difficulties).]

(6)Repayment conditions are conditions which—

(a)enable the [F27Secretary of State] to require the repayment (in whole or part) of sums paid by the [F27Secretary of State] if any of the conditions subject to which the sums were paid is not complied with;

(b)require the payment of interest in respect of any period in which a sum due to the [F28Secretary of State] in accordance with any condition is unpaid.

Textual Amendments

F17Words in s. 101(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(2)

F18Words in s. 101(2) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 3(2)(a); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F19S. 101(2)(b) omitted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 3(2)(b); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F20Words in s. 101(3)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(3)(a)

F21Words in s. 101(3)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(3)(b)(i)

F22Words in s. 101(3)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(3)(b)(ii)

F23S. 101(4) omitted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 3(3); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F24S. 101(5) omitted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 3(3); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F26Words in s. 101(5)(f) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 92(b); S.I. 2014/889, art. 7(a)

F27Words in s. 101(6)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(4)(a)

F28Words in s. 101(6)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(4)(b)

Modifications etc. (not altering text)

Commencement Information

I2S. 101 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

102Performance assessmentsE+W

(1)The [F29Secretary of State] may adopt or develop schemes for the assessment of the performance of persons in providing education or training within the [F30Secretary of State's remit under this Part] .

(2)The [F31Secretary of State] may take the assessments into account in deciding how to exercise the powers under section 100.

Textual Amendments

F29Words in s. 102(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 15(2)(a)

F30Words in s. 102(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 15(2)(b)

F31Words in s. 102(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 15(3)

Commencement Information

I3S. 102 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

103Means testsE+W

(1)[F32For the purpose of the exercise of the powers under section 100(1)(c), (d) or (e), the Secretary of State] may—

(a)carry out means tests;

(b)arrange for other persons to carry out means tests.

F33(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32Words in s. 103(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 16(2)

F33S. 103(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 16(3)

Modifications etc. (not altering text)

Commencement Information

I4S. 103 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Apprenticeships: generalE+W

F34104Assistance and support in relation to apprenticeship placesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35105Promoting progression from level 2 to level 3 apprenticeshipsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I5S. 105 in force at 6.4.2011 by S.I. 2011/200, art. 3

F36106Advice and assistance in relation to apprenticeshipsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36S. 106 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 18

Provision of services and assistanceU.K.

107Provision of servicesU.K.

(1)The [F37Secretary of State] may make arrangements with a permitted recipient for the provision by the [F37Secretary of State] of services that are required by the permitted recipient in connection with the exercise of the recipient's functions relating to education or training.

(2)The services that may be provided under arrangements made under subsection (1) include—

(a)providing accommodation and other facilities to a permitted recipient or managing such facilities on behalf of a permitted recipient;

(b)procuring, or assisting in procuring, goods and services for use by a permitted recipient.

(3)The terms and conditions upon which the arrangements are made may include provision for making payments to the [F38Secretary of State] in respect of expenditure incurred by the [F38Secretary of State] in performing any function under the arrangements.

(4)In this section “permitted recipient” means—

F39(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the Welsh Ministers;

(c)the Scottish Ministers;

(d)a Northern Ireland department;

F40(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)a person, wholly or partly funded from public funds, who has functions relating to education or training;

(g)any other person specified, or of a description specified, by order made by the appropriate national authority for the purposes of this section.

F41(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Before making arrangements under which it may provide services to a permitted recipient who falls within paragraph (a), (e), (f) or (g) of subsection (4) in connection with the exercise of the recipient's functions relating to education or training provided in Wales, Scotland or Northern Ireland, the [F42Secretary of State] must obtain—

(a)in relation to education or training provided in Wales, the consent of the Welsh Ministers;

(b)in relation to education or training provided in Scotland, the consent of the Scottish Ministers;

(c)in relation to education or training provided in Northern Ireland, the consent of the Minister for Employment and Learning in Northern Ireland.

(7)Consent may be given under subsection (5) or (6) in relation to particular arrangements or arrangements of a particular description.

(8)“The appropriate national authority” means—

(a)in relation to a person exercising functions relating only to education or training provided in Wales, the Welsh Ministers;

(b)in relation to a person exercising functions relating only to education or training provided in Scotland, the Scottish Ministers;

(c)in relation to a person exercising functions relating only to education or training provided in Northern Ireland, the Department for Employment and Learning in Northern Ireland;

(d)in any other case, the Secretary of State.

Textual Amendments

F37Words in s. 107(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(2)

F38Words in s. 107(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(2)

F39S. 107(4)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(3)

F40S. 107(4)(e) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 47; S.I. 2012/924, art. 2

F41S. 107(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(4)

F42Words in s. 107(6) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(5)

Commencement Information

I6S. 107 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

F43108Assistance with respect to employment and trainingE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F43S. 108 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 20

F44109Assistance with respect to employment and training: Northern IrelandE+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44S. 109 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 20

F45...E+W

Textual Amendments

F45S. 110 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 21

F45110Research, information and adviceE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46111Power to confer supplementary functions on Chief ExecutiveE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F46S. 111 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 22

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