Apprenticeships, Skills, Children and Learning Act 2009

87 Learning aims for persons aged 19 or over: provision of facilities

(1) The Chief Executive must secure the provision of proper facilities 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 who are subject to learning difficulty assessment,

(b) do not have the qualification in question or one (including one awarded by a person outside England) which appears to the Chief Executive to be at a comparable or higher level, and

(c) satisfy such conditions as may be specified in regulations.

(4) Facilities are proper if they are—

(a) of a quantity sufficient to meet the reasonable needs of individuals, and

(b) of a quality adequate to meet those needs.

(5) 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 training required in different sectors of employment for employees and potential employees;

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

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

(f) make the best use of the Chief Executive’s resources.

(6) For the purposes of this section—

• “education” includes full-time and part-time education;

• “training” includes full-time and part-time training.