Learning and Skills Act 2000

Main duties E+W

2 Education and training for persons aged 16 to 19. E+W

(1) The Council must secure the provision of proper facilities for—

(a) education (other than higher education) suitable to the requirements of persons who are above compulsory school age but have not 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.

(2) Facilities are proper if they are—

(a) of a quantity sufficient to meet the reasonable needs of individuals, and

(b) of a quality adequate to meet those needs.

(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;

[F1 (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;

[F2 (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 M1 Education Reform Act 1988.

Textual Amendments

F1 S. 2(3)(da)(db) inserted (23.12.2007) by Further Education and Training Act 2007 (c. 25), ss. 6(1), 32(5); S.I. 2007/3505, art. 2(a)

F2 S. 2(5)(ba) inserted (28.2.2009) by Education and Skills Act 2008 (c. 25), ss. 82(2), 173(4); S.I. 2009/387, art. 2

Marginal Citations

M1 1988 c. 40.

3 Education and training for persons over 19. E+W

(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.

[F3 (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;

[F4 (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;

[F5 (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 M2 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.

Textual Amendments

F3 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

F4 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)

F5 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

Marginal Citations

M2 1988 c. 40.

4 Encouragement of education and training. E+W

[F6 (1) The Council must—

(a) encourage individuals to undergo post-16 education and training;

(b) encourage employers to participate in the provision of post-16 education and training;

(c) encourage employers to contribute to the costs of post-16 education and training. ]

[F7 (2) For the purposes of subsection (1)(b), participating in the provision of post-16 training includes participating by entering into—

(a) a contract of apprenticeship, or

(b) a contract of employment under or in connection with which training is provided. ]

Textual Amendments

F6 S. 4(1): s. 4 renumbered as s. 4(1) (28.2.2009) by Education and Skills Act 2008 (c. 25), ss. 82(5), 173(4); S.I. 2009/387, art. 2

F7 S. 4(2) inserted (28.2.2009) by Education and Skills Act 2008 (c. 25), ss. 82(6), 173(4); S.I. 2009/387, art. 2

[F8 4A Learning aims for persons over 19: provision of facilities E+W

(1) The Council must secure the provision of proper facilities for relevant education or training for persons falling within subsection (3) which is suitable to their requirements.

(2) Relevant education or training is education (other than higher education) or vocational training provided by means of a course of study for a qualification to which paragraph 1 of Schedule 1A applies.

(3) The persons falling within this subsection are persons who—

(a) have attained the age of 19,

(b) do 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) satisfy such conditions as may be specified in regulations made by the Secretary of State.

(4) Facilities are proper if they are—

(a) of a quantity sufficient to meet the reasonable needs of individuals, and

(b) of a quality adequate to meet those needs.

(5) 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) act with a view to encouraging diversity of education and training available to individuals;

(e) act with a view to increasing opportunities for individuals to exercise choice;

(f) make the best use of the Council's resources and in particular avoid provision which might give rise to disproportionate expenditure;

(g) have regard to any guidance given from time to time by the Secretary of State.

(6) Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.

(7) For the purposes of this section—

(a) education includes both full-time education and part-time education;

(b) training includes both full-time and part-time training;

(c) higher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.

Textual Amendments

F8 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

4B Learning aims for persons over 19: payment of tuition fees E+W

(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.

Textual Amendments

F8 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

4C Sections 4A and 4B: supplementary E+W

(1) The Secretary of State may by regulations make provision as to circumstances in which—

(a) despite having a specified qualification, a person is to be treated for the purposes of section 4A or 4B as not having that qualification;

(b) despite not having a specified qualification, a person is to be treated for any of those purposes as having that qualification.

(2) A condition specified in regulations under section 4A or 4B may, in particular, relate to—

(a) the possession, or lack, of a specified qualification;

(b) the completion of, or failure to complete, a course for a specified qualification.

(3) A reference in subsection (1) or (2) to a specified qualification is to a qualification specified, or of a description specified, in the regulations.

(4) Regulations under this section, or under section 4A or 4B, may confer a function (which may relate to the administration of an assessment and may include the exercise of a discretion) on a person specified, or of a description specified, in the regulations.

(5) Part 2 of Schedule 1A makes further provision for the purposes of sections 4A and 4B.]

Textual Amendments

F8 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