The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018

PART 2 Adult education functions of the Secretary of State transferred to the Combined Authority or to be exercisable concurrently with the Combined Authority

Transfer of functions from the Secretary of State to the Combined Authority in relation to the Area

3.—(1) Subject to paragraph (2), the functions of the Secretary of State set out in the following provisions of the 2009 Act are exercisable by the Combined Authority in relation to the Area—

(a) section 86 (education and training for persons aged 19 or over and others subject to adult detention)(1);

(b) section 87 (learning aims for persons aged 19 or over: provision of facilities)(2); and

(c) section 88 (learning aims for persons aged 19 or over: payment of tuition fees)(3).

(2) The functions mentioned in paragraph (1) do not include —

(a) any functions relating to apprenticeship training;

(b) any functions relating to persons subject to adult detention; or

(c) any power to make regulations or orders.

(3) The functions mentioned in paragraph (1) are exercisable by the Combined Authority instead of by the Secretary of State.

Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the Area

4.—(1) Subject to paragraph (2), the functions of the Secretary of State set out in the following provisions of the 2009 Act are exercisable by the Combined Authority in relation to the Area—

(a) section 90 (encouragement of education and training for persons aged 19 or over and others subject to adult detention)(4); and

(b) section 100(1)(provision of financial resources)(5).

(2) The functions mentioned in paragraph (1) do not include—

(a) any function relating to apprenticeships training; or

(b) any function relating to persons subject to adult detention.

(3) The functions mentioned in paragraph (1) are exercisable concurrently with the Secretary of State in relation to the Area.

Conditions on the exercise of functions mentioned in articles 3 and 4

5.—(1) The Combined Authority must adopt rules of eligibility for awards by an institution to which it makes grants, loans or other payments under section 100 of the 2009 Act in accordance with any direction given by the Secretary of State.

(2) In exercising the functions mentioned in articles 3 and 4, the Combined Authority must have regard to guidance issued by the Secretary of State for the purpose of this article (as amended from time to time or as replaced by a subsequent document)(6).

(3) In subsection (1), “award” has the same meaning as in regulation 2 of the Fees and Awards (England) Regulations 2007(7).

Modification of provisions in the 2009 Act

6.  For the purpose of the exercise by the Combined Authority of the functions mentioned in articles 3 and 4, sections 86 to 88, 90, 100, 101, 103, 115 and 121 of the 2009 Act apply in relation to the Combined Authority with the modifications set out in the Schedule.

(1)

Section 86 was amended by paragraphs 1, 2 and 9 of Part 1 of Schedule 14 to the Deregulation Act 2015 (c.20); by paragraphs 88 and 90 of Part 2 of Schedule 3 to the Children and Families Act 2014 (c. 6); and by section 30 of, and paragraphs 1 and 7 of Schedule 18 to, the Education Act 2011 (c.21).

(2)

Section 87 was amended by paragraphs 1 and 10 of Part 1 of Schedule 14 to the Deregulation Act 2015 (c.20); and by paragraph 91 of Part 2 of Schedule 3 to the Children and Families Act 2014 (c.6).

(3)

Subsection (1) is amended by section 114(2) of the Digital Economy Act 2017 (c.30), on a date to be appointed. Section 88 was amended by paragraph 11 of Part 1 of Schedule 14 to the Deregulation Act 2015 (c.20) and by section 73 of the Education Act 2011 (c. 21).

(4)

Section 90 was amended by paragraphs 5 and 20 of Part 2 of Schedule 1, and paragraphs 1 and 12 of Part 1 of Schedule 14, to the Deregulation Act 2015 (c.20).

(5)

Section 100 was amended by section 27 of the Enterprise Act 2016 (c.12); by Schedules 1 and 14 to the Deregulation Act 2015 (c.20); and by paragraphs 1 and 9 of Schedule 18 to the Education Act 2011 (c.21). Section 100 was also amended by article 7 of the Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 1141).

(6)

The Secretary of State’s guidance was published on 23rd July 2018 and is available at https://www.gov.uk/government/publications?departments%5B%5D=department-for-education. Copies are available on request from the Department for Education, 20 Great Smith Street, London SW1P 3BT.

(7)

S.I. 2007/779, as amended by S.I. 2007/2263, S.I. 2010/1172, S.I. 2010/1941, S.I. 2011/87, S.I. 2011/1043, S.I. 2011/1987, S.I. 2012/765, S.I. 2012/956, S.I. 2012/1653, S.I. 2015/971, S.I. 2016/584, S.I. 2017/114, and S.I. 2018/137.