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

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the conferral of certain adult education functions of the Secretary of State under the Apprenticeships, Skills, Children and Learning Act 2009 (“the 2009 Act”) on the Greater Manchester Combined Authority (‘the Combined Authority’).

Article 1 of the Order provides for coming into force on the day after the day the Order is made; and for Part 2 to apply only in relation to the provision of education or training in an academic year beginning on or after 1st August 2019. This enables the Combined Authority to carry out the functions in relation to the 2019/20 academic year from the day the Order comes into force.

Article 3 of the Order provides for the transfer to the Combined Authority of adult education functions under section 86 to 88 of the 2009 Act, with the exception of such functions relating to apprenticeships training, persons subject to adult detention or any power to make regulations or orders. The transferred functions will be exercisable by the Combined Authority instead of by the Secretary of State in relation to the area of the Combined Authority.

Article 4 also provides for the functions of the Secretary of State under section 90 of the 2009 Act, which relate to the encouragement of education and training for persons aged 19 or over, and under section 100(1) of that Act, which relate to the provision of financial resources, to be exercisable by the Combined Authority in relation to the area. The functions will be exercisable by the Combined Authority concurrently with the Secretary of State.

Article 5 sets conditions on the exercise of the functions mentioned in Articles 3 and 4. 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. In addition, in exercising the transferred functions, the Combined Authority must have regard to guidance issued by the Secretary of State (as amended from time to time or replaced by a subsequent document).

Article 6 and the Schedule to the Order apply certain provisions of the 2009 Act with modifications to the Combined Authority for the purpose of the Combined Authority exercising the functions conferred on it by articles 3 and 4.

Part 3 makes various amendments to primary legislation. Article 7 amends section 100 of the 2009 Act (provision of financial resources) so as to provide that the Secretary of State may secure the provision of financial resources under that section in respect of functions under Part 4 of the 2009 Act that have been conferred on a combined authority. Article 8 amends section 122 of the 2009 Act (sharing of information for education or training purposes) so as to make provision for information sharing following the conferral of functions under Part 4 of the 2009 Act. Article 9 amends section 123 of the Education and Inspections Act 2006 so as to make provision for inspections in relation to further education for persons aged 19 or over which is wholly or partly funded by a combined authority. Article 10 amends the Education (Fees and Awards) (England) Regulations 2007 so as to make provision with respect to rules of eligibility adopted by a combined authority for awards by an institution to which it makes grants, loans or other payments under section 100 of the 2009 Act.