Part I

Learning and Skills Council for England

Main duties

Education and training for persons over 19.
3
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.
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;
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;
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 Education 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.
1988 c. 40.
S. 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)
S. 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
S. 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