Part I

Learning and Skills Council for England

Main duties

Learning aims for persons over 19: payment of tuition fees
4B
1
The Council must exercise its functions under this Part so as to secure that a course of study for a qualification to which paragraph 1 of Schedule 1A applies is free to a person falling within subsection (2) if it is provided for the person by virtue of facilities whose provision is secured under section 4A.
2
A person falls within this subsection if, at the time of starting the course in question, the person—
a
has attained the age of 19,
b
does not have the qualification in question or one (including one awarded by a person outside England) which appears to the Council to be at a comparable or higher level, and
c
satisfies such conditions as may be specified in regulations made by the Secretary of State.
3
The Council must exercise its functions under this Part so as to secure that a course of study for a qualification to which paragraph 2 of Schedule 1A applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 3.
4
A person falls within this subsection if, at the time of starting the course in question, the person—
a
has attained the age of 19 but not the age of 25,
b
does not have the qualification in question or one (including one awarded by a person outside England) which appears to the Council to be at a comparable or higher level, and
c
satisfies such conditions as may be specified in regulations made by the Secretary of State.
5
In performing a duty imposed on it by this section, the Council must have regard to any guidance given from time to time by the Secretary of State.
6
The Secretary of State may by order—
a
amend subsection (2)(a) by substituting a different age for the age for the time being referred to;
b
amend subsection (4)(a) by substituting a different age for either of the ages for the time being referred to.
7
For the purposes of this section, a course is free to a person if no tuition fees in respect of the provision of the course for the person are payable by a person other than—
a
the Council, or
b
a body specified by order by the Secretary of State for the purposes of this section.
8
In subsection (7), “
tuition fees
”, in relation to a course, means—
a
the fees charged in respect of the course by the person providing it, and
b
such fees in respect of other matters relating to the course (such as undergoing a preliminary assessment or sitting an examination) as may be specified in regulations made by the Secretary of State.
Ss. 4A-4C 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(3), 173(4); S.I. 2009/1513, art. 2(1); S.I. 2009/1606, art. 2