Apprenticeships, Skills, Children and Learning Act 2009

Chapter 3 YPLA’s functions: supplementary

75 Directions by Secretary of State

(1) The Secretary of State may give directions to the YPLA containing—

(a) objectives which the YPLA should achieve in carrying out its functions,

(b) time limits within which the YPLA should achieve the objectives, and

(c) provision relating to the management of the YPLA.

(2) The Secretary of State may give to the YPLA other directions as to the performance of any of its functions if the Secretary of State is satisfied that the YPLA—

(a) has failed to discharge a duty imposed by or under any Act, or

(b) has acted or is proposing to act unreasonably with respect to the performance of any function conferred by or under any Act.

(3) The Secretary of State may give directions under subsection (2) despite any provision made by or under any Act making the performance of a function dependent on the YPLA’s opinion.

(4) Directions given under this section with respect to functions conferred on the YPLA by or under section 61 may not concern the provision of financial resources to or in respect of a particular person or persons.

76 Guidance by Secretary of State

(1) The YPLA must, in performing its functions, have regard to any guidance given by the Secretary of State.

(2) Guidance under this section may include in particular guidance about—

(a) consultation with persons mentioned in subsection (3) in connection with the taking of decisions which affect such persons, and

(b) taking advice from such persons or descriptions of persons as may be specified in the guidance.

(3) The persons are—

(a) persons receiving or proposing to receive education or training within the YPLA’s remit,

(b) employers, or

(c) such other persons or descriptions of persons as may be specified in the guidance.

(4) Guidance under this section about consultation with persons falling within subsection (3)(a) must provide for the views of such persons to be considered in the light of their age and understanding.