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- Gwreiddiol (Fel y'i Deddfwyd)
Apprenticeships, Skills, Children and Learning Act 2009, Cross Heading: Funding is up to date with all changes known to be in force on or before 25 July 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
(1)The [F1Secretary of State] may secure the provision of financial resources [F2under this subsection] to—
(a)persons providing or proposing to provide education or training within the [F3Secretary 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;
F4(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;
F5(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j)persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).
[F6(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 [F7English statutory apprenticeships] or to undertake work following the completion of such apprenticeships, or
(b)otherwise in connection with [F7English statutory apprenticeships].]
[F8(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.]
[F9(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.]
[F10(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.]
F11(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)[F12The 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 [F13Secretary of State]).
(4)[F14The 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 [F15this section—
“approved steps towards occupational competence” has the meaning given by section [F16A2D4];
“approved technical education qualification” has the meaning given by section [F17A12(1)];]
[F18“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;]
[F19“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
F1Words in s. 100(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(2)(a)
F2Words 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)
F3Words 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)
F4S. 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)
F5S. 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
F6S. 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)
F7Words 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)
F8S. 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)
F9S. 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)
F10S. 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)
F11S. 100(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(3)
F12Words 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)
F13Words 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)
F14Words 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)
F15Words 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)
F16Word 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)
F17Word 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)
F18Words 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)
F19Words 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)
C1S. 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))
C2S. 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))
C3S. 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))
C4S. 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))
C5S. 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))
C6S. 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))
C7S. 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))
C8S. 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
C9S. 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
C10S. 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)
C11S. 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)
C12S. 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)
C13S. 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)
C14S. 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)
C15S. 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)
C16S. 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)
C17S. 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)
C18S. 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)
C19S. 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
I1S. 100 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
(1)Financial resources provided [F20by the Secretary of State under section 100] may be provided subject to conditions [F21, subject to section 101A].
(2)The conditions may [F22(among other things)] include—
(a)information conditions;
F23(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)repayment conditions.
(3)Information conditions are conditions which—
(a)require the [F24Secretary of State], or a person designated by the [F24Secretary 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 [F25Secretary of State] such information as the [F25Secretary of State] may request for the purpose of carrying out [F26functions under this Part].
F27(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Repayment conditions are conditions which—
(a)enable the [F29Secretary of State] to require the repayment (in whole or part) of sums paid by the [F29Secretary 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 [F30Secretary of State] in accordance with any condition is unpaid.
Textual Amendments
F20Words in s. 101(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(2)
F21Words in s. 101(1) inserted (29.6.2021) by Education and Training (Welfare of Children) Act 2021 (c. 16), ss. 2(2), 3(2)
F22Words 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)
F23S. 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)
F24Words 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)
F25Words 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)
F26Words 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)
F27S. 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)
F28S. 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)
F29Words 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)
F30Words 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)
C20S. 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))
C21S. 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))
C22S. 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))
C23S. 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))
C24S. 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))
C25S. 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))
C26S. 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))
C27S. 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
C28S. 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)
C29S. 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
C30S. 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
I2S. 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
F31S. 101A inserted (29.6.2021) by Education and Training (Welfare of Children) Act 2021 (c. 16), ss. 2(3), 3(2)
(1)The [F32Secretary of State] may adopt or develop schemes for the assessment of the performance of persons in providing education or training within the [F33Secretary of State's remit under this Part] .
(2)The [F34Secretary of State] may take the assessments into account in deciding how to exercise the powers under section 100.
Textual Amendments
F32Words in s. 102(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 15(2)(a)
F33Words in s. 102(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 15(2)(b)
F34Words 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
I3S. 102 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
(1)[F35For 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.
F36(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F35Words in s. 103(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 16(2)
F36S. 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)
C31S. 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))
C32S. 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))
C33S. 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))
C34S. 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))
C35S. 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))
C36S. 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))
C37S. 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))
C38S. 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
C39S. 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
C40S. 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
I4S. 103 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
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