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Apprenticeships, Skills, Children and Learning Act 2009

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86Education and training for persons aged 19 or over and others subject to adult detentionE+W
This section has no associated Explanatory Notes

(1)The Chief Executive must secure the provision of reasonable facilities for—

(a)education suitable to the requirements of persons who are aged 19 or over, other than persons aged under 25 who are subject to learning difficulty assessment,

(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 [F183A or] 87 applies to the provision of those facilities.

(3)Facilities are reasonable if (taking account of the Chief Executive's resources) their quantity and quality are such that the Chief Executive can reasonably be expected to secure their provision.

(4)In discharging the duty under subsection (1) the Chief Executive must—

(a)take account of the places where facilities are provided, the character of facilities and the way they are equipped;

(b)take account of the different abilities and aptitudes of different persons;

(c)take account of the education and skills required in different sectors of employment for employees and potential employees;

(d)take account of facilities the provision of which the Chief Executive thinks might reasonably be secured by other persons;

(e)act with a view to encouraging diversity of education and training available to individuals;

(f)act with a view to increasing opportunities for individuals to exercise choice;

(g)have regard to the desirability of enabling persons subject to adult detention to continue programmes of education or training which they have begun;

(h)have regard to the desirability of the core entitlement F2... being satisfied for persons subject to adult detention but aged under 19 F2...;

(i)make the best use of resources.

(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.

(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.

[F3(8)Section 17C of the Education Act 1996 (the core entitlement) applies for the purposes of subsection (4)(h).]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 86(2) inserted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 7; S.I. 2012/1087, art. 3

F2Words in s. 86(4)(h) omitted (15.1.2012) by virtue of Education Act 2011 (c. 21), ss. 30(8)(a), 82(2)(b)

F3S. 86(8) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 30(8)(b), 82(2)(b)

Commencement Information

I1S. 86 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

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