123Education and training to which this Chapter appliesE+W
(1)This Chapter applies to the following kinds of education and training—
(a)secondary education provided in institutions which are in England and are within the further education sector;
(b)further education for persons aged 16 or over but under 19 which is provided in such institutions and wholly or partly funded by the [F1Secretary of State] F2...;
[F3(ba)education provided in 16 to 19 Academies;]
(c)further education for persons aged 19 or over which is wholly or partly funded by the [F4Secretary of State]F5...;
(d)further education for persons aged under 19 which is provided by [F6local authorities] in England;
(e)further education for persons aged 19 or over which is funded by such authorities;
(f)training for persons aged 16 or over which is funded by the Secretary of State under section 2 of the Employment and Training Act 1973 (c. 50);
(g)training for persons aged 16 or over if it is training the whole or part of which takes place at the premises of an employer and which is wholly or partly funded by the [F7Secretary of State]F8...;
(h)such other education or training as may be prescribed by regulations made by the Secretary of State.
(2)The training which may be prescribed by regulations under subsection (1)(h) includes training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training falling within subsection (1)(a) to (g).
(3)If regulations made by the Secretary of State so provide—
(a)the provision of information, advice or guidance falling within [F9section F10... 100(1)(j) of the Apprenticeships, Skills, Children and Learning Act 2009], or
(b)the provision of any description of such information, advice or guidance specified in the regulations,
is to be treated for the purposes of this Chapter as training to which it applies.
(4)In this Chapter—
(a)“further education” and “secondary education” have the same meanings as in EA 1996, and
(b)any reference to institutions which are within the further education sector is to be read in accordance with section 91(3) of the Further and Higher Education Act 1992 (c. 13).
Textual Amendments
F1Words in s. 123(1)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 30(2); S.I. 2012/924, art. 2
F2Words in s. 123(1)(b) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 51
F3S. 123(1)(ba) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 16(6); S.I. 2012/924, art. 2
F4Words in s. 123(1)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 30(2); S.I. 2012/924, art. 2
F5Words in s. 123(1)(c) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 51
F6Words in s. 123(1)(d) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 14(6)
F7Words in s. 123(1)(g) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 30(2); S.I. 2012/924, art. 2
F8Words in s. 123(1)(g) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 51
F9Words in s. 123(3)(a) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 61(c) (with art. 2(3))
F10Words in s. 123(3)(a) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 30(3); S.I. 2012/924, art. 2
Commencement Information
I1S. 123 partly in force; s. 123 in force at 8.11.2006 in so far as it confers power to make subordinate legislation see s. 188(1)
I2S. 123 in force at 1.4.2007 in so far as not already in force by S.I. 2007/935, art. 5(u)