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Apprenticeships, Skills, Children and Learning Act 2009

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This is the original version (as it was originally enacted).

62Financial resources: conditions
This sectionnoteType=Explanatory Notes has no associated

(1)Financial resources provided by the YPLA may be provided subject to conditions.

(2)The conditions may include—

(a)information conditions;

(b)operational conditions;

(c)repayment conditions.

(3)Information conditions are conditions which—

(a)require the YPLA, or a person designated by the YPLA, 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 YPLA such information as the YPLA may request for the purpose of carrying out its functions.

(4)Operational 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)The 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 a report of an assessment under section 139A or 140 of the Learning and Skills Act 2000 (c. 21) (assessments relating to learning difficulties).

(6)Repayment conditions are conditions which—

(a)enable the YPLA to require the repayment (in whole or part) of sums paid by the YPLA 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 YPLA in accordance with any condition is unpaid.

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