Learning and Skills Act 2000 (c. 21)

Part I E+W Learning and Skills Council for England

Main duties E+W

[F1 4A Learning aims for persons over 19: provision of facilities E+W

(1) The Council must secure the provision of proper facilities for relevant education or training for persons falling within subsection (3) which is suitable to their requirements.

(2) Relevant education or training is education (other than higher education) or vocational training provided by means of a course of study for a qualification to which paragraph 1 of Schedule 1A applies.

(3) The persons falling within this subsection are persons who—

(a) have attained the age of 19,

(b) do not have the qualification in question or one (including one awarded by a person outside England) which appears to the Council to be at a comparable or higher level, and

(c) satisfy such conditions as may be specified in regulations made by the Secretary of State.

(4) 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.

(5) In performing the duty imposed on it by subsection (1) the Council must—

(a) take account of the places where facilities are provided, the character of facilities and the way they are equipped;

(b) take account of the different abilities and aptitudes of different persons;

(c) take account of the education and training required in different sectors of employment for employees and potential employees;

(d) act with a view to encouraging diversity of education and training available to individuals;

(e) act with a view to increasing opportunities for individuals to exercise choice;

(f) make the best use of the Council's resources and in particular avoid provision which might give rise to disproportionate expenditure;

(g) have regard to any guidance given from time to time by the Secretary of State.

(6) Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.

(7) For the purposes of this section—

(a) education includes both full-time education and part-time education;

(b) training includes both full-time and part-time training;

(c) higher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.]

Textual Amendments

F1 Ss. 4A-4C inserted (19.6.2009 for specified purposes, 1.8.2009 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 86(3), 173(4); S.I. 2009/1513, art. 2(1); S.I. 2009/1606, art. 2