- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (07/05/2024)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 07/05/2024. This version of this part contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Apprenticeships, Skills, Children and Learning Act 2009, Part 4 is up to date with all changes known to be in force on or before 18 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Textual Amendments
F1Pt. 4 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(a)
Textual Amendments
F2Pt. 4 Ch. 1 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(b)
Textual Amendments
F3S. 81 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4S. 82 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1)The [F6Secretary of State] may secure the provision of facilities for suitable apprenticeship training for persons—
(a)who are over compulsory school age but under 19, or
(b)who are aged 19 or over but under 25 and [F7for whom an EHC plan is maintained] .
(2)In deciding for the purposes of subsection (1) whether apprenticeship training is suitable for persons for whom facilities are provided, the [F6Secretary of State] must have regard (in particular) to—
(a)the persons' ages, abilities and aptitudes,
(b)any [F8special educational needs] the persons may have,
(c)the quality of the training,
(d)the locations and times at which the training is provided.
(3)In exercising the power conferred by subsection (1), the [F6Secretary of State] must have regard (in particular) to the desirability of—
(a)encouraging diversity of apprenticeship training available to persons;
(b)increasing opportunities for persons to exercise choice;
(c)enabling persons to whom Part 1 of the Education and Skills Act 2008 (c. 25) applies to fulfil the duty imposed by section 2 of that Act (duty to participate in education or training).
F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In this Part “apprenticeship training” means training provided in connection with—
[F10(a)an approved English apprenticeship, or
(b)any contract of service (other than an approved English apprenticeship agreement) or contract of apprenticeship.]
Textual Amendments
F5S. 83 heading substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 5; S.I. 2012/1087, art. 3
F6Words in s. 83(1)-(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 4
F7Words in s. 83(1)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 89(a); S.I. 2014/889, art. 7(a)
F8Words in s. 83(2)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 89(b); S.I. 2014/889, art. 7(a)
F9S. 83(4) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 89(c); S.I. 2014/889, art. 7(a)
F10S. 83(5)(a)(b) substituted for s. 83(5)(a)-(c) (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 17; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
Commencement Information
I1S. 83 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
(1)The [F12Secretary of State] must secure the provision of proper facilities for apprenticeship training that is suitable to the requirements of persons who—
(a)are within subsection (4), (5) or (6), and
(b)have an apprenticeship opportunity.
This is subject to section 83B (limit on scope of apprenticeship offer).
(2)The duty imposed by subsection (1) is referred to in this section and section 83B as “the apprenticeship offer”.
(3)An apprenticeship opportunity is an [F13opportunity to enter into an approved English apprenticeship.]
(4)A person within this subsection is one who is over compulsory school age but under 19.
(5)A person within this subsection is one who is not within subsection (4) and—
(a)is a person aged under [F1425] towards whom a local authority in England has the duties provided for in section 23C [F15or 23CZB] of the Children Act 1989 (continuing functions in relation to certain formerly looked after children), or
(b)is a person to whom section 23CA of that Act applies (further assistance for certain formerly looked after children aged under 25), in relation to whom a local authority in England is the responsible local authority (within the meaning of that section).
(6)A person within this subsection is one who—
(a)is not within subsection (4), and
(b)is of a prescribed description.
(7)If regulations under subsection (6)(b) describe a person by reference to an age or an age range, the age, or the upper age of the age range, must be less than 25.
(8)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.
(9)Section 83(2) and (3) (when apprenticeship training is suitable, and matters to which [F16Secretary of State] must have regard) apply for the purposes of the apprenticeship offer.
F17(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12)The Secretary of State may by order amend this section for the purpose of changing the descriptions of persons to whom the apprenticeship offer applies.
Textual Amendments
F11Ss. 83A, 83B inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 69(2), 82(3); S.I. 2012/1087, art. 3
F12Words in s. 83A(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 5(2)
F13Words in s. 83A(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 18(a); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F14Word in s. 83A(5)(a) substituted (1.4.2018) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 2 para. 6(a); S.I. 2018/346, reg. 4(aa)
F15Words in s. 83A(5)(a) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 2 para. 6(b); S.I. 2018/346, reg. 4(aa)
F16Words in s. 83A(9) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 5(2)
F17S. 83A(10) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 5(3)
F18S. 83A(11) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 18(b); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
(1)The [F19Secretary of State] is not required by the apprenticeship offer to secure the provision of facilities for apprenticeship training [F20for the purpose of assisting a person to achieve a particular approved apprenticeship standard if the person—
(a)has already completed an approved English apprenticeship by achieving that standard,
(b)has already completed an approved English apprenticeship by achieving another standard and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work), or
(c)has worked under another arrangement and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work).]
[F21(1A)Section A1(6) and (7) (which make provision about when a person completes an approved English apprenticeship and about the meaning of “approved apprenticeship standard”) apply for the purposes of subsection (1).]
F22(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F11Ss. 83A, 83B inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 69(2), 82(3); S.I. 2012/1087, art. 3
F19Words in s. 83B(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 6
F20Words in s. 83B(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 19(2); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F21S. 83B(1A) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 19(3); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F22Ss. 83B(2)-(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 19(4); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F23Words in Act substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 16(3)
F24S. 84 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F25S. 85 heading substituted (1.9.2012) by Education Act 2011 (c. 21), ss. 70(2)(d), 82(3); S.I. 2012/1087, art. 3
F26S. 85 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 8
(1)[F27The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate] for—
(a)education suitable to the requirements of persons who are aged 19 or over, other than persons aged under 25 [F28for whom an EHC plan is maintained],
(b)education suitable to the requirements of persons who are subject to adult detention, and
(c)training suitable to the requirements of persons within paragraphs (a) and (b).
(2)This section does not apply to the provision of facilities to the extent that section [F2983A or] 87 applies to the provision of those facilities.
F30(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)For the purposes of this section a reference to the provision of facilities for education or training (except so far as relating to facilities for persons subject to adult detention) includes a reference to the provision of facilities for organised leisure-time occupation in connection with education or (as the case may be) training.
(6)For the purposes of this section—
“education” includes full-time and part-time education;
“training” includes—
full-time and part-time training;
vocational, social, physical and recreational training;
apprenticeship training.
(7)In this Part, “organised leisure-time occupation” means leisure-time occupation, in such organised cultural training and recreational activities as are suited to the requirements of persons who fall within subsection (1)(a) or (b), for any such persons who are able and willing to profit by facilities provided for that purpose.
F32(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F27Words in s. 86(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 9(2)
F28Words in s. 86(1)(a) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 90; S.I. 2014/889, art. 7(a)
F29Words in s. 86(2) inserted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 7; S.I. 2012/1087, art. 3
F30S. 86(3) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 9(3)
F31S. 86(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 9(3)
F32S. 86(8) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 9(3)
Modifications etc. (not altering text)
C1Ss. 86-88 applied (with modifications) (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 6, Sch. (with art. 1(2))
C2Ss. 86-88 applied (with modifications) (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 6, Sch. (with art. 1(2))
C3Ss. 86-88 applied (with modifications) (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 6, Sch. (with art. 1(2))
C4S. 86: transfer of functions (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 3 (with arts. 1(2), 5)
C5Ss. 86-88 applied (with modifications) (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 6, Sch. (with art. 1(2))
C6S. 86: transfer of functions (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 3 (with arts. 1(2), 5)
C7S. 86: transfer of functions (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 3 (with arts. 1(2), 5)
C8S. 86: transfer of functions (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 3 (with arts. 1(2), 5)
C9Ss. 86-88 applied (with modifications) (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 6, Sch. (with art. 1(2))
C10S. 86: transfer of functions (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 3 (with arts. 1(2), 5)
C11S. 86: transfer of functions (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 3 (with arts. 1(2), 5)
C12Ss. 86-88 applied (with modifications) (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 6, Sch. (with art. 1(2))
C13Ss. 86-88 applied (with modifications) (5.11.2019) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019 (S.I. 2019/1457), arts. 1(1), 6, Sch. (with art. 1(2))
C14S. 86: transfer of functions (5.11.2019) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019 (S.I. 2019/1457), arts. 1(1), 3 (with arts. 1(2), 5)
C15S. 86: transfer of functions (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 6(1)(a)(2)(3) (with art. 8)
C16Ss. 86-88 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 9, Sch. 1
C17Ss. 86-88 applied (with modifications) (E.) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 9, Sch. 1
C18S. 86: transfer of functions (E.) (with application in accordance with art. 1(5)(6) of the amending S.I.) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 6(1)(a)(2)(3) (with art. 8)
C19S. 86: transfer of functions (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 29 (with art. 9)
C20Ss. 86-88 applied (with modifications) (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 32, Sch. 3 (with art. 9)
Commencement Information
I2S. 86 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
(1)[F33The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate] for relevant education or training for persons falling within subsection (3) which is suitable to their requirements.
(2)Relevant education or training is education or vocational training provided by means of a course of study for a qualification to which paragraph 1 of Schedule 5 applies.
(3)The persons falling within this subsection are persons who—
(a)are aged 19 or over, and are not persons aged under 25 [F34for whom an EHC plan is maintained],
(b)do not have the qualification in question or one (including one awarded by a person outside England) which appears to the [F35Secretary of State] to be at a comparable or higher level, and
(c)satisfy such conditions as may be specified in regulations.
F36(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)For the purposes of this section—
“education” includes full-time and part-time education;
“training” includes full-time and part-time training.
Textual Amendments
F33Words in s. 87(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 10(2)
F34Words in s. 87(3)(a) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 91; S.I. 2014/889, art. 7(a)
F35Words in s. 87(3)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 10(3)
F36S. 87(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 10(4)
F37S. 87(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 10(4)
Modifications etc. (not altering text)
C1Ss. 86-88 applied (with modifications) (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 6, Sch. (with art. 1(2))
C2Ss. 86-88 applied (with modifications) (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 6, Sch. (with art. 1(2))
C3Ss. 86-88 applied (with modifications) (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 6, Sch. (with art. 1(2))
C5Ss. 86-88 applied (with modifications) (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 6, Sch. (with art. 1(2))
C9Ss. 86-88 applied (with modifications) (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 6, Sch. (with art. 1(2))
C12Ss. 86-88 applied (with modifications) (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 6, Sch. (with art. 1(2))
C13Ss. 86-88 applied (with modifications) (5.11.2019) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019 (S.I. 2019/1457), arts. 1(1), 6, Sch. (with art. 1(2))
C16Ss. 86-88 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 9, Sch. 1
C17Ss. 86-88 applied (with modifications) (E.) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 9, Sch. 1
C20Ss. 86-88 applied (with modifications) (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 32, Sch. 3 (with art. 9)
C21S. 87: transfer of functions (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 3 (with arts. 1(2), 5)
C22S. 87: transfer of functions (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 3 (with arts. 1(2), 5)
C23S. 87: transfer of functions (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 3 (with arts. 1(2), 5)
C24S. 87: transfer of functions (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 3 (with arts. 1(2), 5)
C25S. 87: transfer of functions (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 3 (with arts. 1(2), 5)
C26S. 87: transfer of functions (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 3 (with arts. 1(2), 5)
C27S. 87: transfer of functions (5.11.2019) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019 (S.I. 2019/1457), arts. 1(1), 3 (with arts. 1(2), 5)
C28S. 87: transfer of functions (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 6(1)(b)(2)(3) (with art. 8)
C29S. 87: transfer of functions (E.) (with application in accordance with art. 1(5)(6) of the amending S.I.) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 6(1)(b)(2)(3) (with art. 8)
C30S. 87: transfer of functions (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 29 (with art. 9)
Commencement Information
I3S. 87 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
(1)Functions under this Part must be exercised by the [F38Secretary of State] so as to secure that a course of study for a qualification to which [F39paragraph [F401(a), (b) or (ba)]] of Schedule 5 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 87.
(2)A person falls within this subsection if, at the time of starting the course in question, the person—
(a)is aged 19 or over,
(b)does not have the qualification in question or one (including one awarded by a person outside England) which appears to the [F41Secretary of State] to be at a comparable or higher level, and
(c)satisfies such conditions as may be specified in regulations.
[F42(2A)Functions under this Part must be exercised by the [F43Secretary of State] so as to secure that a course of study for a qualification to which paragraph 1(c) of Schedule 5 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 87.]
(3)Functions under this Part must be exercised by the [F44Secretary of State] so as to secure that a course of study for a qualification to which paragraph 2 of Schedule 5 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 86.
(4)A person falls within this subsection if, at the time of starting the course in question, the person—
(a)is aged at least 19 but less than [F4524 ],
(b)does not have the qualification in question or one (including one awarded by a person outside England) which appears to the [F46Secretary of State] to be at a comparable or higher level, and
(c)satisfies such conditions as may be specified in regulations.
(5)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.
(6)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 [F47Secretary of State], or
(b)a body specified by order by the Secretary of State for the purposes of this section.
(7)In subsection (6) “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.
Textual Amendments
F38Words in s. 88(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11
F39Words in s. 88(1) substituted (1.8.2012) by Education Act 2011 (c. 21), ss. 73(2)(a), 82(3); S.I. 2012/1087, art. 2
F40Words in s. 88(1) substituted (1.8.2020) by Digital Economy Act 2017 (c. 30), ss. 114(2), 118(6); S.I. 2020/70, reg. 2
F41Words in s. 88(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11
F42S. 88(2A) inserted (1.8.2012) by Education Act 2011 (c. 21), ss. 73(2)(b), 82(3); S.I. 2012/1087, art. 2
F43Words in s. 88(2A) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11
F44Words in s. 88(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11
F45Word in s. 88(4)(a) substituted (1.8.2012 for specified purposes, 1.8.2013 in so far as not already in force) by Education Act 2011 (c. 21), ss. 73(2)(c), 82(3); S.I. 2012/1087, art. 2; S.I. 2012/2213, art. 4
F46Words in s. 88(4) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11
F47Words in s. 88(6)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11
Modifications etc. (not altering text)
C1Ss. 86-88 applied (with modifications) (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 6, Sch. (with art. 1(2))
C2Ss. 86-88 applied (with modifications) (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 6, Sch. (with art. 1(2))
C3Ss. 86-88 applied (with modifications) (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 6, Sch. (with art. 1(2))
C5Ss. 86-88 applied (with modifications) (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 6, Sch. (with art. 1(2))
C9Ss. 86-88 applied (with modifications) (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 6, Sch. (with art. 1(2))
C12Ss. 86-88 applied (with modifications) (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 6, Sch. (with art. 1(2))
C13Ss. 86-88 applied (with modifications) (5.11.2019) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019 (S.I. 2019/1457), arts. 1(1), 6, Sch. (with art. 1(2))
C16Ss. 86-88 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 9, Sch. 1
C17Ss. 86-88 applied (with modifications) (E.) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 9, Sch. 1
C20Ss. 86-88 applied (with modifications) (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 32, Sch. 3 (with art. 9)
C31S. 88: transfer of functions (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 3 (with arts. 1(2), 5)
C32S. 88: transfer of functions (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 3 (with arts. 1(2), 5)
C33S. 88: transfer of functions (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 3 (with arts. 1(2), 5)
C34S. 88: transfer of functions (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 3 (with arts. 1(2), 5)
C35S. 88: transfer of functions (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 3 (with arts. 1(2), 5)
C36S. 88: transfer of functions (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 3 (with arts. 1(2), 5)
C37S. 88: transfer of functions (5.11.2019) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019 (S.I. 2019/1457), arts. 1(1), 3 (with arts. 1(2), 5)
C38S. 88: transfer of functions (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 6(1)(c)(2)(3) (with art. 8)
C39S. 88: transfer of functions (E.) (with application in accordance with art. 1(5)(6) of the amending S.I.) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 6(1)(c)(2)(3) (with art. 8)
C40S. 88: transfer of functions (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 29 (with art. 9)
Commencement Information
I4S. 88 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
(1)Regulations may make provision as to circumstances in which—
(a)despite having a specified qualification, a person is to be treated for the purposes of section 87 or 88 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 87 or 88 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 87 or 88, 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)Nothing in section 87 or 88 applies to the provision of facilities, or to courses of study, for persons subject to adult detention.
(6)Part 2 of Schedule 5 makes further provision for the purposes of sections 87 and 88.
Commencement Information
I5S. 89 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
(1)The [F48Secretary of State] must—
(a)encourage participation by persons within section 86(1)(a) and (b) in education and training within the [F49Secretary of State's remit under this Part];
(b)encourage employers to participate in the provision of education and training within the [F49Secretary of State's remit under this Part] for persons within section 86(1)(a);
(c)encourage employers to contribute to the costs of education and training within the [F49Secretary of State's remit under this Part] for such persons.
(2)For the purposes of subsection (1)(b), participating in the provision of training includes participating by entering into—
[F50(a)an approved English apprenticeship, or
(b)any contract of employment (other than an approved English apprenticeship agreement) in connection with which training is provided.]
Textual Amendments
F48Words in s. 90(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 12(a)
F49Words in s. 90(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 12(b)
F50S. 90(2)(a)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 20; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
Modifications etc. (not altering text)
C41S. 90 functions made exercisable concurrently (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 4 (with arts. 1(2), 5)
C42S. 90 functions made exercisable concurrently (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 4 (with arts. 1(2), 5)
C43S. 90 functions made exercisable concurrently (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 4 (with arts. 1(2), 5)
C44S. 90 functions made exercisable concurrently (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 4 (with arts. 1(2), 5)
C45S. 90 applied (with modifications) (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 6, Sch. (with art. 1(2))
C46S. 90 applied (with modifications) (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 6, Sch. (with art. 1(2))
C47S. 90 applied (with modifications) (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 6, Sch. (with art. 1(2))
C48S. 90 applied (with modifications) (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 6, Sch. (with art. 1(2))
C49S. 90 applied (with modifications) (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 6, Sch. (with art. 1(2))
C50S. 90 functions made exercisable concurrently (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 4 (with arts. 1(2), 5)
C51S. 90 applied (with modifications) (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 6, Sch. (with art. 1(2))
C52S. 90 functions made exercisable concurrently (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 4 (with arts. 1(2), 5)
C53S. 90 applied (with modifications) (5.11.2019) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019 (S.I. 2019/1457), arts. 1(1), 6, Sch. (with art. 1(2))
C54S. 90 functions made exercisable concurrently (5.11.2019) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019 (S.I. 2019/1457), arts. 1(1), 4 (with arts. 1(2), 5)
C55S. 90 functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 7(1)(a)(2)(3) (with art. 8)
C56S. 90 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 9, Sch. 1
C57S. 90: functions made exercisable concurrently (E.) (with application in accordance with art. 1(5)(6) of the amending S.I.) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 7(1)(a)(2)(3) (with art. 8)
C58S. 90 applied (with modifications) (E.) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 9, Sch. 1
C59S. 90 applied (with modifications) (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 32, Sch. 3 (with art. 9)
C60S. 90: functions made exercisable concurrently (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 30 (with art. 9)
Commencement Information
I6S. 90 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
Prospective
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F51Ss. 91-99 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 8; S.I. 2012/1087, art. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F51Ss. 91-99 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 8; S.I. 2012/1087, art. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F51Ss. 91-99 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 8; S.I. 2012/1087, art. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F51Ss. 91-99 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 8; S.I. 2012/1087, art. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F51Ss. 91-99 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 8; S.I. 2012/1087, art. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F51Ss. 91-99 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 8; S.I. 2012/1087, art. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F51Ss. 91-99 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 8; S.I. 2012/1087, art. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F51Ss. 91-99 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 8; S.I. 2012/1087, art. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F51Ss. 91-99 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 8; S.I. 2012/1087, art. 3
Textual Amendments
F52Pt. 4 Ch. 2 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(c)
(1)The [F53Secretary of State] may secure the provision of financial resources [F54under this subsection] to—
(a)persons providing or proposing to provide education or training within the [F55Secretary of State's remit under this Part];
(b)persons providing or proposing to provide goods or services in connection with the provision by others of such education or training;
(c)persons receiving or proposing to receive such education or training;
(d)persons aged 18 receiving or proposing to receive education or training;
(e)persons making loans to others receiving or proposing to receive education or training;
F56(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)persons undertaking or proposing to undertake research relating to education or training;
(h)persons carrying out means tests under arrangements made under section 103;
F57(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j)persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).
[F58(1A)The Secretary of State may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1))—
(a)for the purpose of encouraging the provision of opportunities for individuals to complete [F59English statutory apprenticeships] or to undertake work following the completion of such apprenticeships, or
(b)otherwise in connection with [F59English statutory apprenticeships].]
[F60(1AA)The Secretary of State may secure the provision of financial resources under this subsection (whether or not the resources could be secured under subsection (1)) to any of the persons mentioned in subsection (1) in respect of functions under this Part that are exercisable by a combined authority by virtue of an order made under section 105A of the Local Democracy, Economic Development and Construction Act 2009.]
[F61(1AB)The Secretary of State may secure the provision of financial resources under this subsection (whether or not the resources could be secured under subsection (1)) to any of the persons mentioned in subsection (1) in respect of functions under this Part that are exercisable by a combined county authority by virtue of regulations made under section 19(1) of the Levelling-up and Regeneration Act 2023.]
[F62(1B)The Secretary of State may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1)) in connection with approved technical education qualifications or approved steps towards occupational competence.]
F63(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)[F64The Secretary of State may secure the provision of financial resources under this section—]
(a)by providing the resources;
(b)by making arrangements for the provision of resources by another person;
(c)by making arrangements for the provision of resources by persons jointly (whether or not including the [F65Secretary of State]).
(4)[F66The Secretary of State may secure the provision of financial resources under this section by reference to—]
(a)any fees or charges payable by the person receiving or proposing to receive the education or training, or
(b)any other matter (such as transport or childcare).
(5)In [F67this section—
“approved steps towards occupational competence” has the meaning given by section [F68A2D4];
“approved technical education qualification” has the meaning given by section [F69A12(1)];]
[F70“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;]
[F71“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;]
“English statutory apprenticeship” has the same meaning as in section 40A (see subsection (3) of that section).
Textual Amendments
F53Words in s. 100(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(2)(a)
F54Words in s. 100(1) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 2(2); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F55Words in s. 100(1)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(2)(b)
F56S. 100(1)(f) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(2)(c)
F57S. 100(1)(i) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 9; S.I. 2012/1087, art. 3
F58S. 100(1A) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 2(3); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F59Words in s. 100(1A) substituted (4.7.2016) by Enterprise Act 2016 (c. 12), ss. 27(a), 44(5); S.I. 2016/695, art. 2(b)
F60S. 100(1AA) inserted (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 7(2)
F61S. 100(1AB) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 195(2) (with s. 247)
F62S. 100(1B) inserted (31.1.2019) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 29(2); S.I. 2019/61, reg. 2(b)
F63S. 100(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(3)
F64Words in s. 100(3) substituted (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 7(3)
F65Words in s. 100(3)(c) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(4)(b)
F66Words in s. 100(4) substituted (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 7(4)
F67Words in s. 100(5) substituted (31.1.2019) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 29(4); S.I. 2019/61, reg. 2(b)
F68Word in s. 100(5) substituted (30.9.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 13(6), 36(3); S.I. 2022/965, reg. 3(8) (with regs. 4, 5)
F69Word in s. 100(5) substituted (30.9.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 12(6), 36(3); S.I. 2022/965, reg. 3(7) (with regs. 4, 5)
F70Words in s. 100(5) inserted (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 7(5)
F71Words in s. 100(5) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 195(3) (with s. 247)
Modifications etc. (not altering text)
C61S. 100 applied (with modifications) (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 6, Sch. (with art. 1(2))
C62S. 100 applied (with modifications) (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 6, Sch. (with art. 1(2))
C63S. 100 applied (with modifications) (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 6, Sch. (with art. 1(2))
C64S. 100 applied (with modifications) (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 6, Sch. (with art. 1(2))
C65S. 100 applied (with modifications) (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 6, Sch. (with art. 1(2))
C66S. 100 applied (with modifications) (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 6, Sch. (with art. 1(2))
C67S. 100 applied (with modifications) (5.11.2019) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019 (S.I. 2019/1457), arts. 1(1), 6, Sch. (with art. 1(2))
C68S. 100 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 9, Sch. 1
C69S. 100 applied (with modifications) (E.) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 9, Sch. 1
C70S. 100 applied (with modifications) (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 32, Sch. 3 (with art. 9)
C71S. 100(1) functions made exercisable concurrently (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 4 (with arts. 1(2), 5)
C72S. 100(1) functions made exercisable concurrently (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 4 (with arts. 1(2), 5)
C73S. 100(1) functions made exercisable concurrently (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 4 (with arts. 1(2), 5)
C74S. 100(1) functions made exercisable concurrently (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 4 (with arts. 1(2), 5)
C75S. 100(1) functions made exercisable concurrently (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 4 (with arts. 1(2), 5)
C76S. 100(1) functions made exercisable concurrently (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 4 (with arts. 1(2), 5)
C77S. 100(1) functions made exercisable concurrently (5.11.2019) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019 (S.I. 2019/1457), arts. 1(1), 4 (with arts. 1(2), 5)
C78S. 100(1): functions made exercisable concurrently (E.) (with application in accordance with art. 1(5)(6) of the amending S.I.) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 7(1)(b)(2)(3) (with art. 8)
C79S. 100(1): functions made exercisable concurrently (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 30 (with art. 9)
Commencement Information
I7S. 100 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
(1)Financial resources provided [F72by the Secretary of State under section 100] may be provided subject to conditions [F73, subject to section 101A].
(2)The conditions may [F74(among other things)] include—
(a)information conditions;
F75(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)repayment conditions.
(3)Information conditions are conditions which—
(a)require the [F76Secretary of State], or a person designated by the [F76Secretary of State], to be given access to a person's accounts and documents and to be given rights in relation to a person's computers and associated apparatus and material, or
(b)require a person to whom financial resources are provided to give to the [F77Secretary of State] such information as the [F77Secretary of State] may request for the purpose of carrying out [F78functions under this Part].
F79(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F80(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Repayment conditions are conditions which—
(a)enable the [F81Secretary of State] to require the repayment (in whole or part) of sums paid by the [F81Secretary of State] if any of the conditions subject to which the sums were paid is not complied with;
(b)require the payment of interest in respect of any period in which a sum due to the [F82Secretary of State] in accordance with any condition is unpaid.
Textual Amendments
F72Words in s. 101(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(2)
F73Words in s. 101(1) inserted (29.6.2021) by Education and Training (Welfare of Children) Act 2021 (c. 16), ss. 2(2), 3(2)
F74Words in s. 101(2) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 3(2)(a); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F75S. 101(2)(b) omitted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 3(2)(b); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F76Words in s. 101(3)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(3)(a)
F77Words in s. 101(3)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(3)(b)(i)
F78Words in s. 101(3)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(3)(b)(ii)
F79S. 101(4) omitted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 3(3); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F80S. 101(5) omitted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 3(3); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F81Words in s. 101(6)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(4)(a)
F82Words in s. 101(6)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(4)(b)
Modifications etc. (not altering text)
C80S. 101 applied (with modifications) (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 6, Sch. (with art. 1(2))
C81S. 101 applied (with modifications) (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 6, Sch. (with art. 1(2))
C82S. 101 applied (with modifications) (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 6, Sch. (with art. 1(2))
C83S. 101 applied (with modifications) (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 6, Sch. (with art. 1(2))
C84S. 101 applied (with modifications) (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 6, Sch. (with art. 1(2))
C85S. 101 applied (with modifications) (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 6, Sch. (with art. 1(2))
C86S. 101 applied (with modifications) (5.11.2019) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019 (S.I. 2019/1457), arts. 1(1), 6, Sch. (with art. 1(2))
C87S. 101 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 9, Sch. 1
C88S. 101 functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 7(1)(b)(2)(3) (with art. 8)
C89S. 101 applied (with modifications) (E.) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 9, Sch. 1
C90S. 101 applied (with modifications) (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 32, Sch. 3 (with art. 9)
Commencement Information
I8S. 101 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
(1)The Secretary of State may not provide financial resources to a person under—
(a)section 100(1A) for the provision of training as part of a relevant English statutory apprenticeship, or
(b)section 100(1B) for the provision of education or training as part of an approved technical education qualification or approved step towards occupational competence,
unless the resources are provided subject to conditions requiring the person to comply with the safeguarding duties.
(2)“The safeguarding duties” are—
(a)a duty to make arrangements to safeguard and promote the welfare of children receiving the education or training mentioned in subsection (1)(a) or (b) (as the case may be), and
(b)a duty to have regard to any guidance given from time to time by the Secretary of State in considering what arrangements are required.
(3)In this section, a “relevant English statutory apprenticeship” means an apprenticeship falling within section 40A(3)(a) to (c).]
Textual Amendments
F83S. 101A inserted (29.6.2021) by Education and Training (Welfare of Children) Act 2021 (c. 16), ss. 2(3), 3(2)
(1)The [F84Secretary of State] may adopt or develop schemes for the assessment of the performance of persons in providing education or training within the [F85Secretary of State's remit under this Part] .
(2)The [F86Secretary of State] may take the assessments into account in deciding how to exercise the powers under section 100.
Textual Amendments
F84Words in s. 102(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 15(2)(a)
F85Words in s. 102(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 15(2)(b)
F86Words in s. 102(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 15(3)
Commencement Information
I9S. 102 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
(1)[F87For the purpose of the exercise of the powers under section 100(1)(c), (d) or (e), the Secretary of State] may—
(a)carry out means tests;
(b)arrange for other persons to carry out means tests.
F88(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F87Words in s. 103(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 16(2)
F88S. 103(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 16(3)
Modifications etc. (not altering text)
C91S. 103 applied (with modifications) (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 6, Sch. (with art. 1(2))
C92S. 103 applied (with modifications) (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 6, Sch. (with art. 1(2))
C93S. 103 applied (with modifications) (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 6, Sch. (with art. 1(2))
C94S. 103 applied (with modifications) (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 6, Sch. (with art. 1(2))
C95S. 103 applied (with modifications) (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 6, Sch. (with art. 1(2))
C96S. 103 applied (with modifications) (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 6, Sch. (with art. 1(2))
C97S. 103 applied (with modifications) (5.11.2019) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019 (S.I. 2019/1457), arts. 1(1), 6, Sch. (with art. 1(2))
C98S. 103 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 9, Sch. 1
C99S. 103 applied (with modifications) (E.) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 9, Sch. 1
C100S. 103 applied (with modifications) (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 32, Sch. 3 (with art. 9)
Commencement Information
I10S. 103 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F89S. 104 repealed (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 10; S.I. 2012/1087, art. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F90S. 105 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 21; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
Commencement Information
I11S. 105 in force at 6.4.2011 by S.I. 2011/200, art. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F91S. 106 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 18
(1)The [F92Secretary of State] may make arrangements with a permitted recipient for the provision by the [F92Secretary of State] of services that are required by the permitted recipient in connection with the exercise of the recipient's functions relating to education or training.
(2)The services that may be provided under arrangements made under subsection (1) include—
(a)providing accommodation and other facilities to a permitted recipient or managing such facilities on behalf of a permitted recipient;
(b)procuring, or assisting in procuring, goods and services for use by a permitted recipient.
(3)The terms and conditions upon which the arrangements are made may include provision for making payments to the [F93Secretary of State] in respect of expenditure incurred by the [F93Secretary of State] in performing any function under the arrangements.
(4)In this section “permitted recipient” means—
F94(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the Welsh Ministers;
(c)the Scottish Ministers;
(d)a Northern Ireland department;
F95(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)a person, wholly or partly funded from public funds, who has functions relating to education or training;
(g)any other person specified, or of a description specified, by order made by the appropriate national authority for the purposes of this section.
F96(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Before making arrangements under which it may provide services to a permitted recipient who falls within paragraph (a), (e), (f) or (g) of subsection (4) in connection with the exercise of the recipient's functions relating to education or training provided in Wales, Scotland or Northern Ireland, the [F97Secretary of State] must obtain—
(a)in relation to education or training provided in Wales, the consent of the Welsh Ministers;
(b)in relation to education or training provided in Scotland, the consent of the Scottish Ministers;
(c)in relation to education or training provided in Northern Ireland, the consent of the Minister for Employment and Learning in Northern Ireland.
(7)Consent may be given under subsection (5) or (6) in relation to particular arrangements or arrangements of a particular description.
(8)“The appropriate national authority” means—
(a)in relation to a person exercising functions relating only to education or training provided in Wales, the Welsh Ministers;
(b)in relation to a person exercising functions relating only to education or training provided in Scotland, the Scottish Ministers;
(c)in relation to a person exercising functions relating only to education or training provided in Northern Ireland, the Department for Employment and Learning in Northern Ireland;
(d)in any other case, the Secretary of State.
Textual Amendments
F92Words in s. 107(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(2)
F93Words in s. 107(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(2)
F94S. 107(4)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(3)
F95S. 107(4)(e) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 47; S.I. 2012/924, art. 2
F96S. 107(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(4)
F97Words in s. 107(6) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(5)
Commencement Information
I12S. 107 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F98S. 108 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 20
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F99S. 109 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 20
Textual Amendments
F100S. 110 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F101S. 111 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 22
Textual Amendments
F102Words in Pt. 4 Ch. 3 title omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F103Ss. 112-114 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 73(3), 82(3); S.I. 2012/924, art. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F103Ss. 112-114 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 73(3), 82(3); S.I. 2012/924, art. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F103Ss. 112-114 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 73(3), 82(3); S.I. 2012/924, art. 2
(1)The [F105Secretary of State] must, in performing [F106functions under this Part], have regard to the needs of persons with [F107special educational needs] to whom this section applies.
(2)This section applies to—
(a)persons who are aged 19 or over, other than persons aged under 25 [F108for whom an EHC plan is maintained], and
(b)persons who are subject to adult detention.
F109(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F110(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F104Words in s. 115 title substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 93(d); S.I. 2014/889, art. 7(a)
F105Words in s. 115(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 23(a)
F106Words in s. 115(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 23(b)
F107Words in s. 115(1) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 93(a); S.I. 2014/889, art. 7(a)
F108Words in s. 115(2)(a) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 93(b); S.I. 2014/889, art. 7(a)
F109S. 115(3) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 93(c); S.I. 2014/889, art. 7(a)
F110S. 115(4) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 93(c); S.I. 2014/889, art. 7(a)
Modifications etc. (not altering text)
C101S. 115 applied (with modifications) (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 6, Sch. (with art. 1(2))
C102S. 115 applied (with modifications) (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 6, Sch. (with art. 1(2))
C103S. 115 applied (with modifications) (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 6, Sch. (with art. 1(2))
C104S. 115 applied (with modifications) (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 6, Sch. (with art. 1(2))
C105S. 115 applied (with modifications) (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 6, Sch. (with art. 1(2))
C106S. 115 applied (with modifications) (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 6, Sch. (with art. 1(2))
C107S. 115 applied (with modifications) (5.11.2019) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019 (S.I. 2019/1457), arts. 1(1), 6, Sch. (with art. 1(2))
C108S. 115 applied (with modifications) (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 9, Sch. 1
C109S. 115 applied (with modifications) (E.) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 9, Sch. 1
C110S. 115 applied (with modifications) (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 32, Sch. 3 (with art. 9)
Commencement Information
I13S. 115 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
The [F111Secretary of State] must, in performing [F112functions under this Part] , have regard to the needs of persons subject to adult detention.
Textual Amendments
F111Words in s. 116 substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 24(a)
F112Words in s. 116 substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 24(b)
Commencement Information
I14S. 116 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F113Ss. 117-120 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F113Ss. 117-120 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F113Ss. 117-120 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F113Ss. 117-120 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F113Ss. 117-120 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 25
The functions of the Secretary of State under this Part, other than the functions conferred by section 107, are exercisable in relation to England only.]
Textual Amendments
F114S. 120A inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 26
(1)In this Part—
F115...
“apprenticeship training” has the meaning given by section 83;
[F116“approved English apprenticeship” has the meaning given by section A1(2);]
[F117“approved steps towards occupational competence” has the meaning given by section [F118A2D4];]
[F117“approved technical education qualification” has the meaning given by section [F119A12];]
F120...
“organised leisure-time occupation” has the meaning given by section 86.
[F117technical education qualification” has the meaning given by section [F121A12];]
(2)In this Part a reference to education within [F122the Secretary of State's remit under this Part] is a reference to—
(a)education falling within section 86(1)(a) or (b), and
(b)organised leisure-time occupation in connection with such education.
(3)In this Part a reference to training within [F123the Secretary of State's remit under this Part] is a reference to—
(a)training falling within section 83(1),
[F124(aa)training falling within section 83A(1),]
(b)training falling within section 86(1)(c), and
(c)organised leisure-time occupation in connection with training falling within section 86(1)(c).
(4)For the purposes of this Part a person is subject to adult detention if the person is subject to a detention order and—
(a)aged 19 or over, or
(b)aged under 19 and detained in—
(i)a young offender institution, or part of such an institution, that is used wholly or mainly for the detention of persons aged 18 and over, or
(ii)a prison.
Textual Amendments
F115Words in s. 121(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 22(a); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F116Words in s. 121(1) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 22(b); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F117Words in s. 121(1) inserted (31.1.2019) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 30; S.I. 2019/61, reg. 2(b)
F118Word in s. 121(1) substituted (30.9.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 13(7), 36(3); S.I. 2022/965, reg. 3(8) (with regs. 4, 5)
F119Word in s. 121(1) substituted (30.9.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 12(7)(a), 36(3); S.I. 2022/965, reg. 3(7) (with regs. 4, 5)
F120Words in s. 121(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 27(2)
F121Word in s. 121(1) substituted (30.9.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 12(7)(b), 36(3); S.I. 2022/965, reg. 3(7) (with regs. 4, 5)
F122Words in s. 121(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 27(3)
F123Words in s. 121(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 27(3)
F124S. 121(3)(aa) inserted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 12; S.I. 2012/1087, art. 3
Modifications etc. (not altering text)
C111S. 121 applied (with modifications) (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 6, Sch. (with art. 1(2))
C112S. 121 applied (with modifications) (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 6, Sch. (with art. 1(2))
C113S. 121 applied (with modifications) (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 6, Sch. (with art. 1(2))
C114S. 121 applied (with modifications) (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 6, Sch. (with art. 1(2))
C115S. 121 applied (with modifications) (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 6, Sch. (with art. 1(2))
C116S. 121 applied (with modifications) (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 6, Sch. (with art. 1(2))
C117S. 121 applied (with modifications) (5.11.2019) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019 (S.I. 2019/1457), arts. 1(1), 6, Sch. (with art. 1(2))
C118S. 121 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 9, Sch. 1
C119S. 121 applied (with modifications) (E.) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 9, Sch. 1
C120S. 121 applied (with modifications) (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 32, Sch. 3 (with art. 9)
Commencement Information
I15S. 121 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys