(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
F1Ss. 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