The Greater Manchester Combined Authority (Adult Education Functions) Order 2018

PART 1 General

Citation, commencement and application

1.—(1) This Order may be cited as the Greater Manchester Combined Authority (Adult Education Functions) Order 2018 and comes into force on the day after the day on which it is made.

(2) Part 2 of this Order applies only in relation to the provision of education or training in an academic year beginning on or after 1st August 2019.

(3) In paragraph (2), “academic year” means a period beginning with 1st August and ending with the next 31st July.

Interpretation

2.  In this Order—

“the 2009 Act” means the Apprenticeships, Skills, Children and Learning Act 2009(1);

“adult detention” has the meaning given by section 121(4)(2) of the 2009 Act;

“apprenticeships training” has the meaning given by section 83(5)(3) of the 2009 Act;

“the Area” means the area of the Combined Authority; and

“the Combined Authority” means the Greater Manchester Combined Authority, a body corporate established under the Greater Manchester Combined Authority Order 2011(4).

PART 2 Adult education functions of the Secretary of State transferred to the Combined Authority or to be exercisable concurrently with the Combined Authority

Transfer of functions from the Secretary of State to the Combined Authority in relation to the Area

3.—(1) Subject to paragraph (2), the functions of the Secretary of State set out in the following provisions of the 2009 Act are exercisable by the Combined Authority in relation to the Area—

(a) section 86 (education and training for persons aged 19 or over and others subject to adult detention)(5);

(b) section 87 (learning aims for persons aged 19 or over: provision of facilities)(6); and

(c) section 88 (learning aims for persons aged 19 or over: payment of tuition fees)(7).

(2) The functions mentioned in paragraph (1) do not include —

(a) any functions relating to apprenticeship training;

(b) any functions relating to persons subject to adult detention; or

(c) any power to make regulations or orders.

(3) The functions mentioned in paragraph (1) are exercisable by the Combined Authority instead of by the Secretary of State.

Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the Area

4.—(1) Subject to paragraph (2), the functions of the Secretary of State set out in the following provisions of the 2009 Act are exercisable by the Combined Authority in relation to the Area—

(a) section 90 (encouragement of education and training for persons aged 19 or over and others subject to adult detention)(8); and

(b) section 100(1)(provision of financial resources)(9).

(2) The functions mentioned in paragraph (1) do not include—

(a) any function relating to apprenticeships training; or

(b) any function relating to persons subject to adult detention.

(3) The functions mentioned in paragraph (1) are exercisable concurrently with the Secretary of State in relation to the Area.

Conditions on the exercise of functions mentioned in articles 3 and 4

5.—(1) The Combined Authority must adopt rules of eligibility for awards by an institution to which it makes grants, loans or other payments under section 100 of the 2009 Act in accordance with any direction given by the Secretary of State.

(2) In exercising the functions mentioned in articles 3 and 4, the Combined Authority must have regard to guidance issued by the Secretary of State for the purpose of this article (as amended from time to time or as replaced by a subsequent document)(10).

(3) In subsection (1), “award” has the same meaning as in regulation 2 of the Fees and Awards (England) Regulations 2007(11).

Modification of provisions in the 2009 Act

6.  For the purpose of the exercise by the Combined Authority of the functions mentioned in articles 3 and 4, sections 86 to 88, 90, 100, 101, 103, 115 and 121 of the 2009 Act apply in relation to the Combined Authority with the modifications set out in the Schedule.

PART 3 Amendments to Enactments

Amendment to the 2009 Act

7.—(1) Section 100 of the 2009 Act is amended as follows.

(2) After subsection (1A), insert—

“(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.”.

(3) In subsection (3), for the opening words, substitute—

“The Secretary of State may secure the provision of financial resources under this section—”.

(4) In subsection (4), for the opening words, substitute—

“The Secretary of State may secure the provision of financial resources under this section by reference to—”.

(5) In subsection (5), in the appropriate place, insert—

““combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;”.

(6) In consequence of the amendments made by paragraphs (3) and (4), paragraph 29(3) of Schedule 1 to the Technical and Further Education Act 2017(12) is repealed.

8.—(1) Section 122 of the 2009 Act(13) is amended as follows.

(2) In subsection (3), after paragraph (f) insert—

“(fa) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

(fb) a person providing services to a combined authority;”

(3) In subsection (5)—

(i) in paragraph (ba) omit “or”;

(ii) in paragraph (c) after “in England,” insert “or”; and

(iii) after paragraph (c) insert—

“(d) any function of a combined authority under Part 4 that is exercisable by it by virtue of an order under section 105A of the Local Democracy, Economic Development and Construction Act 2009,”.

Amendment to the Education and Inspections Act 2006

9.—(1) Section 123(14) of the Education and Inspections Act 2006(15) is amended as follows.

(2) In subsection (1) after paragraph (e) insert—

“(ea) further education for persons aged 19 or over which is wholly or partly funded by a combined authority;”.

(3) After subsection (4) insert—

“(5) In this section “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.”.

Amendment to the Education (Fees and Awards) (England) Regulations 2007

10.—(1) The Education (Fees and Awards) (England) Regulations 2007 are amended as follows.

(2) After regulation 9 insert—

“9A.    Payments by a combined authority

(1) It shall be lawful for a combined authority to adopt rules of eligibility for awards by an institution to which the combined authority makes grants, loans or other payments under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 which confine eligibility to those persons who fall within Schedule 1.

(2) It shall be lawful for an institution to which a combined authority provides financial resources to adopt rules of eligibility for awards (however described) which confine eligibility to those persons who fall within Schedule 1.

(3) In this regulation, a “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 (“the Local Democracy Act”) that exercises functions under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 by virtue of an order under section 105A of the Local Democracy Act.”.

Name

Minister of State

Department for Education

Date