Education Act 2005

Common provisions E+W

92 Joint exercise of functions E+W

(1) [F1 The Secretary of State, HEFCW] and any other relevant funding body may exercise any of their functions jointly.

(2) In subsection (1) “other relevant funding body” means F2 ... the Higher Education Funding Council for EnglandF3 ...F4 F3 ... or the [F5 the Assembly to the extent that it is discharging its functions under Part 2 of the Learning and Skills Act 2000] .

[F6 (2A) The reference in subsection (1) to the functions of the Secretary of State is to the functions of the Secretary of State relating to training for members of the school workforce.]

F7 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Assembly may by order authorise HEFCW to exercise their functions under this Part jointly with a body specified in the order, and the specified body to exercise its functions jointly with HEFCW.

[F8 (5) This section does not apply in relation to the functions of the Higher Education Funding Council for England in its capacity as principal regulator (within the meaning of [F9 section 25 of the Charities Act 2011)].]

Textual Amendments

F1 Words in s. 92(1) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 15(6)(a), 82(3); S.I. 2012/924, art. 2

F2 Words in s. 92(2) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), ss. 15(6)(b), 82(3); S.I. 2012/924, art. 2

F3 Words in s. 92(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 48

F4 Words in s. 92(2) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 27; S.I. 2012/924, art. 2

F5 Words in s. 92(2) substituted (W.) (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 9(1), Sch. 1 para. 98, (with transitional provisions in art. 7)

F6 S. 92(2A) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 15(6)(c), 82(3); S.I. 2012/924, art. 2

F7 S. 92(3) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), ss. 15(6)(d), 82(3); S.I. 2012/924, art. 2

F8 S. 92(5) inserted (1.6.2010) by The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010 (S.I. 2010/501), reg. 1(1), Sch. para. 5; S.I. 2010/503, art. 2, Sch. 1

F9 Words in s. 92(5) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 104 (with s. 20(2), Sch. 8)

93 Efficiency studies E+W

(1) [F10 The Secretary of State and HEFCW] may arrange for the promotion or the carrying out by any person of studies designed to improve economy, efficiency and effectiveness in the management or operations of a qualifying person.

(2) A person promoting or carrying out such studies at the request of [F11 the Secretary of State or HEFCW] may require the qualifying person concerned—

(a) to provide him, or a person authorised by him, with such information, and

(b) to make available to him, or a person authorised by him, for inspection their accounts and such other documents,

as he may reasonably require for that purpose.

(3) In this section “qualifying person” means—

(a) a training provider receiving financial [F12 assistance under section 14 of the Education Act 2002 from the Secretary of State], or

(b) the governing body of an eligible institution, as defined by section 85(3), receiving financial support under this Part from HEFCW.

Textual Amendments

F10 Words in s. 93(1) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 15(7)(a), 82(3); S.I. 2012/924, art. 2

F11 Words in s. 93(2) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 15(7)(b), 82(3); S.I. 2012/924, art. 2

F12 Words in s. 93(3)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 15(7)(c), 82(3); S.I. 2012/924, art. 2

[F13 94 Provision of information E+W

(1) HEFCW may give the Secretary of State information for the purposes of the exercise of the Secretary of State's functions relating to training for members of the school workforce.

(2) The Secretary of State may give HEFCW information for the purposes of the exercise of their functions under any enactment.

(3) The persons and bodies mentioned in subsection (4) must—

(a) give the Secretary of State such information as the Secretary of State may require for the purpose of the exercise of the Secretary of State's functions relating to training for members of the school workforce;

(b) give HEFCW such information as they may require for the purpose of the exercise of their functions under any enactment.

(4) The persons and bodies referred to in subsection (3) are—

(a) a person receiving, or who has received or applied for, a grant, loan or other payment under section 86, or financial assistance from the Secretary of State under section 14 of the Education Act 2002;

(b) a local authority.]

Textual Amendments

F13 S. 94 substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 15(8), 82(3); S.I. 2012/924, art. 2