Part ILearning and Skills Council for England

Miscellaneous

25Directions

1

The Secretary of State may give directions to the Council; and the directions may include any provisions described in subsections (2) to (4).

2

Directions may contain—

a

objectives which the Council should achieve in seeking to carry out its functions;

b

time limits within which the Council should achieve the objectives;

c

provision relating to the management of the Council.

3

Subsection (4) applies if the Secretary of State is satisfied that the Council—

a

has failed to discharge a duty imposed by or under any Act, or

b

has acted or is proposing to act unreasonably with respect to the exercise of a power conferred or the performance of a duty imposed by or under any Act.

4

In such a case directions may contain such provision as the Secretary of State thinks fit as to the exercise of the Council’s powers and performance of its duties.

5

Directions may contain provision described in subsection (4) despite any enactment making the exercise of a power or performance of a duty contingent on the Council’s opinion.

6

Directions may not concern the provision of financial resources in respect of activities carried on by a particular person or persons.

7

If the Secretary of State asks the Council to do so, it must advise him on the formulation of objectives and time limits.

8

The Council must comply with any directions given to it by the Secretary of State.

26Committees

Schedule 3 contains provisions about committees.

27Grants to Council

1

The Secretary of State may make grants to the Council of such amounts and subject to such conditions as he thinks fit; and the conditions may include any provisions described below.

2

The conditions may set the Council’s budget for any of its financial years.

3

The conditions may—

a

require the Council to use the grants for specified purposes;

b

require the Council to comply with specified requirements in respect of every person (or every person of a specified class or description) in securing the provision of specified financial resources to such persons;

c

enable the Secretary of State to require the repayment, in whole or in part, of sums paid by him if any condition imposed is not complied with;

d

require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any condition remains unpaid.

4

Requirements which may be imposed under subsection (3)(b) include in particular requirements that, if the Council itself provides specified financial resources, it is to impose specified conditions.

5

The Secretary of State may not impose conditions which relate to the Council’s securing of the provision of financial resources to a particular person or persons.

28Annual report

1

As soon as is reasonably practicable after the end of each financial year of the Council it must prepare a report on its activities in that year and send a copy of the report to the Secretary of State.

2

A report—

a

must be in such form and contain such information as the Secretary of State may specify in directions to the Council;

b

must set out any other directions given to the Council under this Part in the financial year to which the report relates.

3

Following receipt of a copy of a report under this section the Secretary of State must lay a copy of it before each House of Parliament and arrange for copies of it to be published in such manner as he thinks appropriate.

29Council’s financial year

A financial year of the Council is—

a

the period starting with the date on which it is established and ending with the second 31 March following that date;

b

each successive period of 12 months.