(1)The Council must secure the provision of reasonable facilities for—
(a)education (other than higher education) suitable to the requirements of persons who have attained the age of 19,
(b)training suitable to the requirements of such persons,
(c)organised leisure-time occupation connected with such education, and
(d)organised leisure-time occupation connected with such training.
[F1(1A)This section does not apply to the provision of facilities to the extent that section 4A applies to the provision of those facilities.]
(2)Facilities are reasonable if (taking account of the Council’s resources) the facilities are of such a quantity and quality that the Council can reasonably be expected to secure their provision.
(3)In performing the duty imposed on it by subsection (1) the Council 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)take account of facilities whose provision the Council thinks might reasonably be secured by other persons;
[F2(da)act with a view to encouraging diversity in the education and training available to individuals
(db)act with a view to increasing opportunities for individuals to exercise choice; ]
(e)make the best use of the Council’s resources and in particular avoid provision which might give rise to disproportionate expenditure.
(4)Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.
(5)For the purposes of this section—
(a)education includes both full-time and part-time education;
(b)training includes both full-time and part-time training;
[F3(ba)training includes training provided in connection with a contract of employment or a contract of apprenticeship;]
(c)training includes vocational, social, physical and recreational training;
(d)higher education is education provided by means of a course of any description mentioned in Schedule 6 to the M1Education Reform Act 1988.
(6)References in this Part to post-16 education are to—
(a)education falling within section 2(1)(a) or subsection (1)(a) above, and
(b)organised leisure-time occupation connected with such education.
(7)References in this Part to post-16 training are to—
(a)training falling within section 2(1)(b) or subsection (1)(b) above, and
(b)organised leisure-time occupation connected with such training.
Textual Amendments
F1S. 3(1A) inserted (19.6.2009 for specified purposes, 1.8.2009 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 86(2), 173(4); S.I. 2009/1513, art. 2(1); S.I. 2009/1606, art. 2
F2S. 3(3)(da)(db) inserted (23.12.2007) by Further Education and Training Act 2007 (c. 25), ss. 6(2), 32(5); S.I. 2007/3505, art. 2(a)
F3S. 3(5)(ba) inserted (28.2.2009) by Education and Skills Act 2008 (c. 25), ss. 82(3), 173(4); S.I. 2009/387, art. 2
Marginal Citations