xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Apprenticeships, Skills, Children and Learning Act 2009

2009 CHAPTER 22

An Act to make provision about apprenticeships, education, training and children's services; to amend the Employment Rights Act 1996; to establish the Young People's Learning Agency for England, the office of Chief Executive of Skills Funding, the Office of Qualifications and Examinations Regulation and the School Support Staff Negotiating Body and to make provision about those bodies and that office; to make provision about the Qualifications and Curriculum Authority; to make provision about schools and institutions within the further education sector; to make provision about student loans; and for connected purposes.

[12th November 2009]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

Part 1E+W+SApprenticeships, study and training

[F1CHAPTER ZA1E+W+SThe Institute for Apprenticeships [F2and Technical Education]

Textual Amendments

EstablishmentE+W+S

ZA1The Institute for Apprenticeships [F2and Technical Education] E+W+S

(1)A body corporate known as the Institute for Apprenticeships [F2and Technical Education] is established.

(2)In this Act that body is referred to as “[F3the Institute]”.

(3)Schedule A1 makes further provision about the [F4Institute].

Textual Amendments

General duties and functionsE+W+S

ZA2General dutiesE+W+S

(1)So far as relevant, and subject to any notice given by the Secretary of State under subsection (2), in performing its functions the [F4Institute] must have regard to—

(a)the reasonable requirements of industry, commerce, finance, the professions and other employers regarding education and training within the [F5Institute's] remit;

(b)the reasonable requirements of persons who may wish to undertake education and training within the [F5Institute's] remit;

(c)the need to ensure that education and training within the [F5Institute's] remit is of an appropriate quality;

(d)the need to ensure that education and training within the [F5Institute's] remit represents good value in relation to financial resources provided out of public funds;

(e)any information provided to it by any person designated by the Secretary of State for the purposes of this paragraph.

(2)The Secretary of State may give a notice in writing to the [F4Institute] setting out other matters to which the [F4Institute] must have regard when performing its functions.

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The [F4Institute] must perform its functions efficiently and effectively.

(6)For the purposes of this [F7Chapter], education or training is within the [F5Institute's] remit if the education or training is or may be [F8provided—

(a)in the course of an approved English apprenticeship,

(b)for the purposes of an approved technical education qualification, F9...

(c)for the purposes of approved steps towards occupational competence, ] [F10or

(d)to enable a person to enter work within a published occupation (whether in the course of training or otherwise).]

(7)Subsection (1) and any notice under subsection (2) do not apply in relation to functions that are—

(a)delegated by directions under section ZA4, or

(b)conferred by regulations under section ZA5,

unless the directions or regulations provide for them to apply in relation to the functions.

(8)Where directions or regulations so provide, the directions or regulations—

(a)may provide for any education or training to which the functions relate to be treated as within the [F5Institute's] remit for the purposes of this section;

(b)may provide for subsection (1) and any notice under subsection (2) to apply in relation to the functions with such modifications as the Secretary of State thinks fit.

(9)The Secretary of State must—

(a)publish in such manner as the Secretary of State thinks fit any notice under subsection (2), and

(b)lay a copy of it before Parliament.

Textual Amendments

[F11ZA2AOversightE+W+S

(1)The Institute must keep under review—

(a)education and training within the Institute’s remit, and

(b)the effect that the exercise of the Institute’s functions has had, or might have, on the range and availability of that education and training.

(2)The Institute may provide a report to the Secretary of State on anything arising from the exercise of the Institute’s functions under subsection (1).

(3)Subsection (2) does not affect the Institute’s functions under section ZA3.]

Textual Amendments

ZA3Provision of advice and assistance to the Secretary of State etcE+W+S

(1)The [F4Institute] may, if requested to do so by the Secretary of State, provide the Secretary of State with advice and assistance in connection with the Secretary of State's functions [F12in relation to England relating to—

(a)apprenticeships,

[F13(aa)technical education qualifications,] or

(b)other education or training.]

(2)The Secretary of State's functions mentioned in subsection (1) include those under section [F14100(1A) or (1B) or otherwise relating to the funding, in relation to England, of the things mentioned in paragraphs (a) [F15to (b)] of that subsection].

Textual Amendments

ZA4Delegation of functions to the [F4Institute] by Secretary of StateE+W+S

(1)The Secretary of State may by direction delegate to the [F4Institute] any of the Secretary of State's functions [F16in relation to England relating to—

(a)apprenticeships,

(b)technical education qualifications, or

(c)steps that people may take towards becoming competent to work in occupations.]

(2)The functions may be delegated—

(a)to any extent that the Secretary of State specifies in the direction, and

(b)subject to any conditions that the Secretary of State specifies in the direction.

(3)The Secretary of State's functions mentioned in subsection (1) include those under section [F17100(1A) or (1B) or otherwise relating to the funding, in relation to England, of the things mentioned in paragraphs (a) to (c) of that subsection].

Textual Amendments

ZA5Conferral of further functions on the [F4Institute] by regulationsE+W+S

(1)The Secretary of State may by regulations confer on the [F4Institute] such functions [F18in relation to England as the Secretary of State considers appropriate, relating to—

(a)apprenticeships,

(b)technical education qualifications, or

(c)steps that may be taken by persons towards becoming competent to work in occupations.]

(2)A function conferred by regulations under subsection (1) may involve the exercise of a discretion.

Textual Amendments

ZA6Annual and other reportsE+W+S

(1)As soon as reasonably practicable after the end of each financial year, the [F4Institute] must prepare an annual report.

(2)An annual report is a report which includes—

(a)a description of what the [F4Institute] has done during the year, including a description of what the [F4Institute] has done as a result of any notice given by the Secretary of State under section ZA2(2),

(b)the statement of accounts prepared for that year under paragraph 11 of Schedule A1, and

(c)such other provision as the Secretary of State may direct.

(3)The [F4Institute] must send the report to the Secretary of State as soon as reasonably practicable after it has been prepared.

(4)The Secretary of State must lay a copy of the report before Parliament.

(5)The Secretary of State may direct the [F4Institute] to prepare, and send to the Secretary of State, as soon as reasonably practicable a report on any matter relating to its functions.

(6)In this section “financial year” means—

(a)the period beginning with the day on which this section comes into force and ending with the following 31 March, and

(b)each successive period of 12 months.

Textual Amendments

ComplianceE+W+S

ZA7Secretary of State directions where the [F4Institute] fails to discharge duties etcE+W+S

If the Secretary of State is satisfied that the [F4Institute]—

(a)has failed to discharge a duty imposed on it by or under this Act, or

(b)has acted or is proposing to act in an unreasonable way in exercising any function,

the Secretary of State may give the [F4Institute] such directions as the Secretary of State considers appropriate.

Textual Amendments

DirectionsE+W+S

ZA8General provision about directions under Chapters ZA1 and A1E+W+S

(1)This section applies to a direction given to the [F4Institute] by the Secretary of State under this Chapter or Chapter A1.

(2)The [F4Institute] must comply with the direction.

(3)The direction must be in writing.]

Textual Amendments

[F19ZA8AInterpretation of Chapter ZA1E+W+S

In this Chapter, the following terms have the same meanings as in Chapter A1—

Textual Amendments

[F20CHAPTER A1E+W+SApprenticeships [F21and technical education]: England

Textual Amendments

F20Pt. 1 Ch. A1 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. 1 (with Sch. 1 para. 28); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

[F22Occupational categories and groupsE+W+S

Textual Amendments

F22Ss. ZA9-ZA11 and cross-headings inserted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 7; S.I. 2017/1055, reg. 2(b)(iii) (with reg. 4)

ZA9Occupational categories (sometimes referred to as “routes”)E+W+S

(1)The Secretary of State may determine categories into which occupations may be placed for the purposes of this Chapter.

(2)The Secretary of State must notify the Institute of any categories that are determined.

ZA10Mapping of occupational groupsE+W+S

(1)The Institute must—

(a)determine occupations in relation to which it may be appropriate for people to undertake apprenticeships or obtain qualifications, and

(b)determine which of those occupations require similar knowledge, skills and behaviour.

(2)Two or more occupations that require similar knowledge, skills and behaviour are referred to in this section as a “group”.

(3)Where categories have been determined under section ZA9, the Institute must allocate each occupation or group to a category.

(4)If the Institute considers that no category is appropriate it must nevertheless allocate the occupation or group to a category (and is not required to adjust its determinations under subsection (1)).

(5)The Institute must publish information showing—

(a)the occupations,

(b)the groups, and

(c)any categories to which the occupations and groups have been allocated.

StandardsE+W+S

ZA11StandardsE+W+S

(1)The Institute must publish standards in relation to England for such occupations as the Institute considers appropriate.

(2)Each standard must—

(a)describe the occupation to which it relates;

(b)set out the outcomes that persons seeking to achieve the standard are expected to attain in order to do so.

(3)Each standard must have been prepared by a group of persons and approved by the Institute.

(4)The group of persons that prepared a standard must have been approved by the Institute.

(5)The Institute may provide advice or assistance to a group of persons in connection with the preparation of a standard.

(6)The Institute may convene a group of persons to prepare a standard for an occupation only if the Institute considers—

(a)that there is a need for a standard for that occupation, and

(b)that the need will not be met unless a group is convened to prepare the standard.

(7)The Institute must publish—

(a)information about matters that it takes into account when deciding whether or not to approve standards for the purposes of subsection (3);

(b)information about matters that it takes into account when deciding whether or not to approve groups of persons for the purposes of subsection (4).

(8)When making a decision of the kind mentioned in subsection (7)(a) or (b) in a particular case, the Institute may also take into account such other matters as it considers appropriate in the case in question.

(9)Information published under subsection (7) may be revised or replaced, and the Institute must publish under that subsection any revised or replacement information.

(10)Where a standard is published, the Institute must publish, with the information published under section ZA10(5) in relation to the occupation, information indicating that there is a standard for the occupation.]

[F23Meaning of “approved English apprenticeship” etc]E+W+S

Textual Amendments

A1Meaning of “approved English apprenticeship” etcE+W+S

(1)This section applies for the purposes of this Chapter.

(2)An approved English apprenticeship is an arrangement which—

(a)takes place under an approved English apprenticeship agreement, or

(b)is an alternative English apprenticeship,

and, in either case, satisfies any conditions specified in regulations made by the Secretary of State.

(3)An approved English apprenticeship agreement is an agreement which—

(a)provides for a person (“the apprentice”) to work for another person for reward in [F24an occupation for which a] [F25standard has been published under section [F26ZA11]],

(b)provides for the apprentice to receive training in order to assist the apprentice to achieve the approved F27... standard in the work done under the agreement, and

(c)satisfies any other conditions specified in regulations made by the Secretary of State.

(4)An alternative English apprenticeship is an arrangement, under which a person works, which is of a kind described in regulations made by the Secretary of State.

(5)Regulations under subsection (4) may, for example, describe arrangements which relate to cases where a person—

(a)works otherwise than for another person;

(b)works otherwise than for reward.

(6)A person completes an approved English apprenticeship if the person achieves the approved F28... standard while doing an approved English apprenticeship.

(7)The “approved F29... standard”, in relation to an approved English apprenticeship, means the standard which applies in relation to the work to be done under the apprenticeship (see section [F30ZA11]).

Textual Amendments

F25Words in s. A1(3)(a) substituted (1.4.2017) by Enterprise Act 2016 (c. 12), s. 44(5), Sch. 4 para. 4; S.I. 2017/346, reg. 2(a)

[F31[F32Apprenticeship assessment plans]E+W+S

Textual Amendments

F31Ss. A2-A2I and cross-headings substituted for s. A2 (1.4.2017) by Enterprise Act 2016 (c. 12), s. 44(5), Sch. 4 para. 5; S.I. 2017/346, reg. 2(a)

A2[F33Apprenticeship assessment plans]E+W+S

[F34(1)The Institute must publish apprenticeship assessment plans in respect of such standards published under section ZA11 as it considers appropriate.]

F35(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)An [F36apprenticeship] assessment plan in respect of a standard is a plan in accordance with which [F37it is to be assessed whether a person seeking to complete an approved English apprenticeship has attained the outcomes set out in the standard].

(5)Each [F38apprenticeship] assessment plan must—

(a)specify the standard to which it relates, and

(b)set out the proposed arrangements for evaluating the quality of any assessment provided for by the plan.

[F39(6)Each apprenticeship assessment plan must have been prepared by a group of persons and approved by the Institute.

(7)The group of persons that prepared an apprenticeship assessment plan must have been approved by the Institute.

(8)The Institute may provide advice or assistance to a group of persons in connection with the preparation of an apprenticeship assessment plan.

(9)The Institute may convene a group of persons to prepare an apprenticeship assessment plan in respect of a standard only if the Institute considers—

(a)that there is a need for an apprenticeship assessment plan in respect of that standard, and

(b)that the need will not be met unless a group is convened to prepare the plan.

(10)The Institute must publish—

(a)information about matters that it takes into account when deciding whether or not to approve apprenticeship assessment plans for the purposes of subsection (6);

(b)information about matters that it takes into account when deciding whether or not to approve groups of persons for the purposes of subsection (7).

(11)When making a decision of the kind mentioned in subsection (10)(a) or (b) in a particular case, the Institute may also take into account such other matters as it considers appropriate in the case in question.

(12)Information published under subsection (10) may be revised or replaced, and the Institute must publish under that subsection any revised or replacement information.

(13)Where an apprenticeship assessment plan is published, the Institute must publish, with the information published under section ZA10(5) in relation to the occupation, information indicating that there is an apprenticeship assessment plan in respect of the standard for the occupation.]

Textual Amendments

F40A2APreparation of apprenticeship standards and assessment plansE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Quality assurance [F41of apprenticeship assessments etc] E+W+S

Textual Amendments

A2BEvaluation of quality of apprenticeship assessmentsE+W+S

(1)The [F4Institute] must secure that evaluations are carried out of the quality of apprenticeship assessments provided by persons in relation to assessment plans published under section A2.

(2)“Apprenticeship assessment” means the assessment of a person's attainment of the outcomes set out in the standard to which the [F42apprenticeship] assessment plan relates.

(3)For the purposes of subsection (1) the [F4Institute] may [F43carry out evaluations or] approve or make arrangements for other persons to carry out evaluations.

[F44(4)The Secretary of State may by regulations authorise the Institute (subject to any restrictions prescribed by the regulations) to charge fees for things done in connection with the carrying out by it of evaluations under subsection (1).]

Textual Amendments

A2CUnsatisfactory apprenticeship assessmentsE+W+S

(1)If the [F4Institute] considers that the quality of any apprenticeship assessment provided by a person is or may become unsatisfactory, it may carry out a review of the assessment, or make arrangements with another person for the carrying out of such a review.

(2)The [F4Institute] may, in consequence of a review, make arrangements for the purpose of improving the quality of the assessment to which the review relates.

(3)If the [F4Institute]—

(a)considers that the quality of any apprenticeship assessment provided by a person is or may become unsatisfactory, or

(b)that a person who provides an apprenticeship assessment has failed to co-operate with a review carried out under this section or with arrangements made under subsection (2),

it may report the matter to the Secretary of State or such other person as the [F4Institute] considers appropriate.

(4)A report under subsection (3) may contain recommendations as to the action to be taken by the person to whom the report is made.

(5)The [F4Institute] may publish a report under subsection (3).

Textual Amendments

A2DCommittee to advise on quality evaluations etcE+W+S

(1)The [F4Institute] may establish a committee with—

(a)the function of giving the [F4Institute] advice on the performance of its functions under sections A2B and A2C, and

(b)such other functions as may be conferred on the committee by the [F4Institute].

(2)A majority of the members of the committee—

(a)must be persons who appear to the [F4Institute] to have experience of the assessment of education or training, and

(b)must not be members of the [F4Institute].

(3)Subject to that, Schedule A1 applies to a committee established under this section as it applies to committees established under paragraph 7 of that Schedule.

Textual Amendments

[F45Technical education qualificationsE+W+S

Textual Amendments

F45Ss. A2DA-A2DC and cross-heading inserted (31.1.2019) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 15; S.I. 2019/61, reg. 2(b)

[F46A2D1Approval of technical education qualifications: overviewE+W+S

(1)Sections A2D3 and A2D5 provide for the approval of technical education qualifications.

(2)Section A2D3 provides for the approval of technical education qualifications which (in conjunction with any approved steps towards occupational competence determined under section A2D4) can lead to the award of technical education certificates under section A3A.

(3)Section A2D5 provides for the approval of other technical education qualifications.

(4)For further provision about approval of technical education qualifications see, in particular—

(a)section A2D2 (provision about the categories of technical education qualification that may be approved under section A2D3 or A2D5),

(b)sections A2D6 to A2D11 (further provision about approval and withdrawal of approval),

(c)section A2HA (list of technical education qualifications), and

(d)section A2IA (transfer of copyright relating to technical education qualifications approved under section A2D3).

Textual Amendments

A2D2Categories of technical education qualificationE+W+S

(1)The Institute—

(a)may specify one or more categories of technical education qualification in relation to England that may be approved under section A2D3, and

(b)may specify one or more categories of technical education qualification in relation to England that may be approved under section A2D5.

(2)The Institute may specify a category under subsection (1)(b) only if it considers that it would not be appropriate for qualifications in the category to be approved under section A2D3.

(3)For any category specified under subsection (1)(b), the Institute must specify which of the following is the appropriate test for the purposes of section A2D5—

(a)the alternative approval test (see section A2D5(3));

(b)the additional specialist competence test (see section A2D5(4));

(c)the significant outcomes test (see section A2D5(5)).

(4)The Institute may revise or withdraw any category specified under subsection (1).

(5)A technical education qualification does not cease to be approved merely because the category is revised or withdrawn under subsection (4).

(6)The Institute must publish information showing—

(a)the categories of technical education qualification that are for the time being specified under subsection (1), and

(b)for each category, whether qualifications in the category may be approved under section A2D3 or A2D5 and, if under section A2D5, the appropriate test.

(7)Before specifying a category of qualification under this section, the Institute must consult—

(a)the Secretary of State, and

(b)such other persons as the Institute considers appropriate.]

Textual Amendments

[F48A2D3][F47Technical education certificate: approval of technical education qualifications]E+W+S

(1)The Institute may, if it considers it appropriate, approve a technical education qualification [F49under this section] in respect of one or more occupations for which standards are published under section ZA11.

F50(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Institute may approve a technical education qualification under this section only if satisfied that

[F51(a)the qualification falls within a category specified under section A2D2(1)(a), and

(b)]by obtaining the qualification a person demonstrates that he or she has attained as many of the outcomes set out in the standards as may reasonably be expected to be attained by undertaking a course of education.

(4)The Institute may approve a technical education qualification under this section only where the Institute—

(a)has determined the documents relating to the qualification to which it considers section A2IA should apply (if any), and

(b)is satisfied that each person (other than the Institute) who it thinks is entitled to a right or interest in any copyright in those documents agrees to the right or interest being transferred to the Institute (see section A2IA).

(5)If the Institute fails to comply with subsection (4)(b) then, unless it does so in the knowledge that a person does not agree as mentioned in that provision—

(a)the failure does not invalidate the approval of the qualification, but

(b)the Institute must pay such compensation (if any) as may be appropriate to any person whose right or interest is transferred to the Institute without the person's agreement.

(6)In making a determination under subsection (4)(a), the Institute may take into account the likelihood of any person agreeing as mentioned in subsection (4)(b).

(7)The Institute may revise its determination under subsection (4)(a) before approving the qualification.

F52(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F53A2D4]Additional steps towards occupational competenceE+W+S

(1)Where there is [F54a] technical education qualification [F55that is approved under section A2D3] in respect of one or more occupations, the Institute may from time to time determine other steps that it considers it would be appropriate for a person to take in order to progress towards being a person who is competent to work in those occupations.

(2)Steps determined under this section may include the obtaining of other qualifications.

(3)The Institute may make a further determination under this section.

(4)The Institute must publish a statement of any steps it determines under this section.

(5)In this Chapter steps that the Institute determines under this section are referred to as “approved steps towards occupational competence”.

Textual Amendments

[F56A2D5Further powers to approve technical education qualificationsE+W+S

(1)The Institute may, if it considers it appropriate, approve a technical education qualification under this section in respect of one or more published occupations (each a “related” occupation).

(2)But it may approve a qualification under this section only if—

(a)the Institute is satisfied that the qualification falls within a category specified under section A2D2(1)(b),

(b)the qualification meets each of the following tests in respect of the related occupation or occupations—

(i)the appropriate test specified for the category under section A2D2(3), and

(ii)the employer demand test (see subsection (6)), and

(c)the Institute is not prevented from approving the qualification by virtue of a moratorium under section A2D9.

(3)The alternative approval test is met in respect of an occupation if—

(a)a standard is published under section ZA11 for the occupation, and

(b)the Institute is satisfied that by obtaining the qualification a person demonstrates attainment of as many of the outcomes set out in the standard as may reasonably be expected to be attained by undertaking a course of education.

(4)The additional specialist competence test is met in respect of an occupation if—

(a)a standard is published under section ZA11 for the occupation, and

(b)the Institute is satisfied that—

(i)by obtaining the qualification, a person demonstrates attainment of particular outcomes which are additional to those set out in the standard, and

(ii)attaining all those outcomes (together with attainment of the outcomes set out in the standard) would enable a person to specialise within the occupation.

(5)The significant outcomes test is met in respect of one or more occupations if—

(a)the Institute is satisfied that—

(i)by obtaining the qualification a person demonstrates attainment of particular outcomes in relation to the occupations, and

(ii)attaining those outcomes would enable a person to work in the occupations at a particular level of competence (whether in the course of training or otherwise) or to improve competence in the occupations, and

(b)where standards are published under section ZA11 for any of the occupations, the outcomes are set out in the standards (whether or not all in the same standard).

(6)The employer demand test is met in respect of one or more occupations if the Institute is satisfied that there is, or is likely to be, demand from employers in the occupations for employees who have obtained the particular qualification.

Textual Amendments

A2D6Approved technical education qualifications: approval and withdrawalE+W+S

(1)The Institute may make any arrangements that it considers appropriate—

(a)to secure that suitable technical education qualifications are available for approval under section A2D3 or A2D5, or

(b)in connection with the approval, or continued approval, of a technical education qualification under either of those sections.

(2)The Institute may withdraw approval of a technical education qualification.

(3)The Institute is not required to withdraw approval of a technical education qualification in a specified category merely because—

(a)the qualification is modified, or

(b)the category is revised or withdrawn under section A2D2(4).

(4)The Institute must publish information about matters that it takes into account when deciding whether or not—

(a)to approve a qualification under section A2D3 or A2D5, or

(b)to withdraw approval of it.

(5)The matters may differ for different purposes and may, in particular, be different for—

(a)qualifications in different categories specified under section A2D2, or

(b)qualifications relating to different occupations.

(6)When making a decision of the kind mentioned in subsection (4)(a) or (b) in a particular case, the Institute may also take into account such other matters as it considers appropriate in the case in question.

(7)Information published under subsection (4) may be revised or replaced, and the Institute must publish under that subsection any revised or replacement information.

Textual Amendments

A2D7Approved technical education qualifications: publication and feesE+W+S

(1)Where a technical education qualification is approved in respect of an occupation, the Institute must publish, with the information published under section ZA10(5) in relation to the occupation, information indicating—

(a)that a technical education qualification has been approved in respect of it, and

(b)whether the qualification (in conjunction with any steps approved under section A2D4) could lead to a technical education certificate.

(2)If approval of the technical education qualification is withdrawn, the Institute must publish, with the information published under section ZA10(5) in relation to the occupation, information indicating that the approval of the qualification has been withdrawn.

(3)The Secretary of State may by regulations authorise the Institute (subject to any restrictions prescribed by the regulations) to charge fees for things done in connection with approval, or continued approval, of qualifications under section A2D5.

Textual Amendments

A2D8Reviews of approval of technical education qualificationsE+W+S

(1)The Institute must maintain arrangements for reviewing approved technical education qualifications at regular intervals with a view to determining, for each qualification, whether—

(a)it should continue to be approved,

(b)it should be revised, or

(c)approval should be withdrawn.

(2)The Institute must publish information about the intervals at which those reviews are to be conducted.

Textual Amendments

A2D9Moratorium on further approvals under section A2D5E+W+S

(1)This section applies where the Institute determines that there is an appropriate number of approved technical education qualifications of a particular kind.

(2)The Institute may decide that it should not approve further technical education qualifications of that kind under section A2D5 for a period (a “moratorium”).

(3)Where the Institute decides that there should be a moratorium in relation to technical education qualifications of a particular kind, it—

(a)must publish that decision, and

(b)during the moratorium, may not approve any further technical education qualification of that kind under section A2D5.

(4)A moratorium ends when the Institute decides to end it.

(5)Where the Institute decides to end a moratorium, it must publish that decision.

(6)The Institute must consult the Secretary of State before—

(a)deciding whether there should be a moratorium in relation to qualifications of a particular kind;

(b)deciding to end a moratorium.]

Textual Amendments

[F57A2D10]DirectionsE+W+S

The Secretary of State may give the Institute a direction in connection with the exercise by the Institute of any function under or for the purposes of [F58sections A2D2 to A2D9 or A2IB].]

Textual Amendments

[F59A2D11Co-operation between the Institute and OfqualE+W+S

(1)The Institute and Ofqual must co-operate with one another in the exercise of—

(a)their respective functions relating to technical education qualifications, and

(b)any other functions of theirs where the exercise is relevant to functions mentioned in paragraph (a).

(2)Each of the Institute and Ofqual—

(a)may provide advice and assistance to the other in relation to the exercise by the other of any function within subsection (1), and

(b)must, in exercising any function within subsection (1), have regard to any advice or information provided to it by the other, so far as relevant to the exercise of that function.]

Textual Amendments

[F60Other provision relating to approved English apprenticeships and technical education]E+W+S

Textual Amendments

A2ERegular reviews of published standards and assessment plansE+W+S

(1)The [F4Institute] must maintain arrangements for the review at regular intervals of each standard or [F61apprenticeship] assessment plan published under this Chapter, with a view to determining whether the standard or plan ought to be revised or withdrawn.

(2)In respect of each standard or [F62apprenticeship] assessment plan published under this Chapter, the [F4Institute] must publish information about the intervals at which those reviews are to be conducted.

Textual Amendments

A2FRevision or withdrawal of published standards and assessment plansE+W+S

(1)The [F4Institute] may—

(a)publish a revised version of a standard or [F63apprenticeship] assessment plan published under this Chapter, or

(b)withdraw a standard or [F64apprenticeship] assessment plan published under this Chapter (with or without publishing another in its place).

[F65(2)Subsections (3) to (9) of section ZA11 apply in relation to a revised version of a standard published under this section as they do in relation to a standard published under that section.

(3)Subsections (6) to (12) of section A2 apply in relation to a revised version of an apprenticeship assessment plan published under this section as they do in relation to an apprenticeship assessment plan published under that section.]

Textual Amendments

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

A2GExaminations by independent third partiesE+W+S

(1)Before the [F4Institute] approves a standard or [F67apprenticeship] assessment plan for the purposes of section [F68ZA11(3) or section A2(6)] it must make arrangements for the carrying out of an examination of the standard or [F67apprenticeship] plan by an independent third party.

(2)The duty imposed by subsection (1) does not apply in relation to a revised version of a standard or [F67apprenticeship] assessment plan, but the [F4Institute] may, for the purposes of a review under section A2E or at any other time, make arrangements for the carrying out of an examination of a standard or [F67apprenticeship] assessment plan by an independent third party.

(3)Where an examination of a standard or [F67apprenticeship] assessment plan is carried out under this section, the [F4Institute] must take account of the finding of the examination in exercising its functions in relation to the standard or [F67apprenticeship] plan under this Chapter.

(4)Nothing in subsection (1) prevents the [F4Institute] deciding to reject a standard or [F67apprenticeship] assessment plan without first making arrangements for the carrying out of an examination by an independent third party.

Textual Amendments

A2HList of published standards and assessment plansE+W+S

(1)The [F4Institute] must maintain a list of the standards and assessment plans published by it under this Chapter.

(2)In respect of each standard and plan listed (including any revised version), the list must include details of when it comes into force.

(3)Where a revised version is listed, the list must include a general description of the cases to which the revised version applies.

(4)Where a standard or plan has been withdrawn, the list must include details of when the withdrawal comes into force and a general description of the cases to which it applies.

(5)The [F4Institute] must secure that the list is available free of charge at all reasonable times.

Textual Amendments

[F69A2HAList of technical education qualificationsE+W+S

(1)The Institute must maintain a list of approved technical education qualifications.

[F70(1A)For each qualification, the list must indicate whether (in conjunction with any steps determined under section A2D4) it could lead to the issue of a technical education certificate.]

(2)The list must include information for the purpose of enabling people to refer, in relation to each qualification, to—

(a)[F71any standards] published under section ZA11 for the occupations in respect of which the qualification is approved, and

(b)any statement of steps published under section [F72A2D4] in relation to those occupations.

(3)The Institute must ensure that the list is available free of charge.]

Textual Amendments

A2ITransfer of copyright in standards and assessment plansE+W+S

(1)This section applies where—

[F73(a)a standard is approved by the Institute under section ZA11 or an apprenticeship assessment plan is approved by the Institute under section A2, and]

(b)a person (other than the [F4Institute]) is entitled, immediately before the time the approval is given, to any right or interest in any copyright in the standard or plan.

(2)The right or interest is, by virtue of this section, transferred from that person to the [F4Institute] at the time the approval is given.

(3)The [F4Institute] must ensure that a standard or [F74apprenticeship] assessment plan in relation to which a right or interest has transferred by virtue of subsection (2) is made available to the public, subject to any conditions that the [F4Institute] considers appropriate.]

Textual Amendments

[F75A2IATransfer of copyright relating to technical education qualificationsE+W+S

(1)This section applies where a technical education qualification is approved under section [F76A2D3].

(2)The right or interest in any copyright in a relevant course document is, by virtue of this section, transferred from the person to the Institute at the time the approval is given.

(3)The Institute may assign to another person, or grant a licence to another person in respect of, any right or interest transferred to the Institute by virtue of this section.

(4)In this section “relevant course document” means a document in relation to which the Institute has made a determination under section [F77A2D3(4)(a)].]

Textual Amendments

[F78A2IBAvailability of approved technical education qualifications outside EnglandE+W+S

The Institute may provide advice and assistance, or take other steps that it considers appropriate, for the purpose of enabling approved technical education qualifications to be made available to be obtained by persons outside England.]

Textual Amendments

A3Power to issue apprenticeship certificateE+W+S

(1)The Secretary of State may issue a certificate (“an apprenticeship certificate”) [F79in respect of] a person who applies for it if it appears to the Secretary of State that the person has completed an approved English apprenticeship.

(2)The Secretary of State may by regulations make provision about—

(a)the manner in which applications under subsection (1) must be made;

[F80(b)the supply by the Secretary of State of apprenticeship certificates issued under that subsection, and copies of those certificates, to—

(i)persons in respect of whom they were issued;

(ii)persons for whom those persons work or have worked under approved English apprenticeship agreements to which the certificates relate.]

(3)The Secretary of State may charge a fee for issuing an apprenticeship certificate or supplying a copy only if, and to the extent that, the charging of the fee is authorised by regulations.

Textual Amendments

F79Words in s. A3(1) substituted (1.4.2017) by Enterprise Act 2016 (c. 12), s. 44(5), Sch. 4 para. 6(2); S.I. 2017/346, reg. 2(a)

[F81A3APower to issue technical education certificateE+W+S

(1)The Secretary of State may issue a certificate (a “technical education certificate”) to a person if it appears to the Secretary of State that the person has—

(a)obtained [F82a] technical education qualification [F83approved under section A2D3], and

(b)taken any other steps determined under section [F84A2D4] in relation to the occupations in respect of which the qualification is approved.

(2)The Secretary of State may by regulations make provision—

(a)requiring an application to be made in a prescribed manner before a certificate is issued;

(b)about the supply by the Secretary of State of copies of technical education certificates to persons to whom they were issued;

(c)authorising the Secretary of State (subject to any restrictions prescribed by the regulations) to charge a fee for issuing a technical education certificate or supplying a copy.]

Textual Amendments

A4DelegationE+W+S

(1)Any function of the Secretary of State under this Chapter may be carried out by a person designated by the Secretary of State.

(2)Subsection (1) does not apply to any power of the Secretary of State to make regulations.

(3)A person designated under this section must—

(a)comply with directions given by the Secretary of State, and

(b)have regard to guidance given by the Secretary of State.

(4)A designation under this section may be revoked.

A5English apprenticeship agreements: statusE+W+S

(1)To the extent that it would otherwise be treated as being a contract of apprenticeship, an approved English apprenticeship agreement is to be treated as not being a contract of apprenticeship.

(2)To the extent that it would not otherwise be treated as being a contract of service, an approved English apprenticeship agreement is to be treated as being a contract of service.

(3)This section applies for the purposes of any enactment or rule of law.

A6English apprenticeship agreements: supplementary provisionE+W+S

(1)If an agreement—

(a)contains provision which satisfies the conditions mentioned in section A1(3)(a) to (c), but

(b)also contains other provision which is inconsistent with those conditions,

the other provision is to be treated as having no effect.

(2)Before an agreement which satisfies the conditions mentioned in section A1(3)(a) to (c) is varied in such a way that it no longer satisfies one or more of those conditions, the person for whom the apprentice is working must give the apprentice a written notice.

(3)The written notice must explain that, if the variation takes effect, the agreement will cease to be an approved English apprenticeship agreement.

(4)If an agreement is varied in breach of the requirement under subsection (2), the variation has no effect.

A7Crown servants and parliamentary staffE+W+S

(1)Section A1(3) applies in relation to—

(a)an agreement under which a person undertakes Crown employment,

(b)an agreement under which a person undertakes service as a member of the naval, military or air forces of the Crown, and

(c)an agreement under which a person undertakes employment as—

(i)a relevant member of the House of Lords staff, or

(ii)a relevant member of the House of Commons staff,

as it applies in relation to any other agreement under which a person is to work for another (and this Chapter applies accordingly).

(2)Subsection (1) is subject to subsection (3) and to any modifications which may be prescribed under subsection (5).

(3)Section A5(2) does not apply in relation to an approved English apprenticeship agreement that is an agreement within paragraph (a), (b) or (c) of subsection (1).

(4)Without prejudice to section 262(3), the power conferred by section A1(3)(c) may be exercised, in particular, to make provision in relation to an agreement within any of paragraphs (a), (b) and (c) of subsection (1) that differs from provision made in relation to other agreements under which a person is to work for another.

(5)The Secretary of State may by regulations provide for any provision of this Chapter to apply with modifications in relation to—

(a)an agreement within paragraph (a), (b) or (c) of subsection (1), or

(b)a person working, or proposing to work, under such an agreement.

(6)In subsection (1)—

F85A8Progress reportsE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F86A9Public sector apprenticeship targetsE+W+S

(1)The Secretary of State may by regulations set apprenticeship targets for prescribed public bodies.

(2)An “apprenticeship target”, in relation to a public body, is a target relating to the number of persons (“apprentices”) who work for the body under an apprenticeship agreement.

(3)Public bodies for which apprenticeship targets are set under this section must have regard to—

(a)the targets, and

(b)any applicable guidance issued by the Secretary of State in relation to the targets.

(4)The Secretary of State may require a public body to provide any information that the Secretary of State needs for the purpose of exercising functions under this section.

(5)Regulations under this section may set apprenticeship targets for—

(a)a prescribed public body,

(b)a prescribed part of a public body,

(c)a prescribed group of public bodies, or

(d)public bodies of a prescribed description.

A reference in this section to a public body includes a reference to a prescribed part of a public body or a prescribed group of public bodies.

(6)The regulations must specify the period to which each apprenticeship target relates.

(7)In this section—

Textual Amendments

F86Ss. A9, A10 inserted (4.7.2016) by Enterprise Act 2016 (c. 12), ss. 24(1), 44(2)(c)

[F86A10Further provision about apprenticeship targetsE+W+S

(1)A public body for which an apprenticeship target is set must—

(a)publish and send to the Secretary of State the information specified in subsection (2), and

(b)send to the Secretary of State any other prescribed information,

within six months after the end of each reporting period of the body in the target period.

(2)The information referred to in subsection (1)(a) is—

(a)the number of employees whose employment in England by the body began in the reporting period in question (“figure A”);

(b)the number of apprentices who began to work for the body in that period and whose apprenticeship agreements also began in that period (“figure B”);

(c)figure B expressed as a percentage of figure A;

(d)the number of employees employed in England that the body has at the end of that period (“figure C”);

(e)the number of apprentices who work for the body at the end of that period (“figure D”);

(f)figure D expressed as a percentage of figure C;

(g)if that reporting period is the first reporting period in the target period, the number of apprentices who worked for the body immediately before that period.

(3)The information that may be prescribed under subsection (1)(b) includes—

(a)information about action that the body has taken to meet an apprenticeship target set for it;

(b)if the public body has failed to meet an apprenticeship target set for it, an explanation of why the target has not been met;

(c)information about action that the body proposes to take to meet an apprenticeship target set for the body for a period that has not yet expired (“a future target”);

(d)if the body considers that a future target is not likely to be met, an explanation of why that is so.

(4)Regulations may specify how the information is to be published or sent.

(5)A body's “reporting periods” in the target period are—

(a)so much of the first financial year of the body to end in the target period as falls within that period,

(b)each subsequent financial year of the body which falls wholly within the target period, and

(c)if the target period ends during a financial year of the body, so much of that financial year as falls within that period.

(6)But, where the target period in relation to a body does not exceed 12 months, the Secretary of State may direct in writing that for the purposes of this section the body is to be treated as having one reporting period which coincides with the target period.

(7)Where, by virtue of section A9(5)(c) or (d) a target is set for more than one public body, regulations may specify which body's financial year is to be used to determine the reporting periods under subsection (5).

(8)In this section—

Textual Amendments

F86Ss. A9, A10 inserted (4.7.2016) by Enterprise Act 2016 (c. 12), ss. 24(1), 44(2)(c)

[F87A11Only statutory apprenticeships to be described as apprenticeshipsE+W+S

(1)A person (“P”) providing or offering any course or training that is, or is to be, undertaken (wholly or partly) in England commits an offence if—

(a)in the course of business P describes the course or training as an apprenticeship, and

(b)the course or training is not a statutory apprenticeship.

(2)No offence is committed under subsection (1) where the course or training is, or is to be, provided to an individual under or in pursuance of a contract of employment between the individual and P.

(3)In subsection (1) “statutory apprenticeship” means any course or training that is, or is to be, provided under—

(a)an approved English apprenticeship;

(b)an apprenticeship agreement within the meaning given in section 32;

(c)an arrangement to undertake any other kind of working—

(i)in relation to which alternative English completion conditions apply under section 1(5), and

(ii)in connection with which training is to be provided in accordance with an apprenticeship framework within the meaning given in section 12; or

(d)arrangements made under—

(i)section 2 of the Employment and Training Act 1973,

(ii)section 17B(1)(a) of the Jobseekers Act 1995,

(iii)section 2(3) of the Enterprise and New Towns (Scotland) Act 1990, or

(iv)section 1 of the Employment and Training Act (Northern Ireland) 1950,

that are identified by the person making the arrangements as arrangements for the provision of apprenticeships.

(4)The reference to section 32 in subsection (3)(b) includes a reference to that section as it applies in relation to England by virtue of provision made under section 115(9) of the Deregulation Act 2015; and a reference to a section in subsection (3)(c) is a reference to the section as it so applies.

(5)A person guilty of an offence under this section is liable on summary conviction to a fine.

(6)Where an offence under this section committed by a body corporate—

(a)is committed with the consent or connivance of an officer of the body corporate, or

(b)is attributable to neglect on the part of an officer of the body corporate,

the officer also commits the offence and is liable to be proceeded against and punished accordingly.

(7)Every local weights and measures authority in England—

(a)has a duty to enforce the provisions of this section within their area;

(b)must make to the Secretary of State, whenever he or she so directs, a report on the exercise of the authority's functions under this section.

A report under paragraph (b) must be in such form, and contain such particulars, as the Secretary of State may direct.

(8)Proceedings for an offence under this section may be instituted only—

(a)by or on behalf of a local weights and measures authority in England,

(b)by or on behalf of the Secretary of State, or

(c)with the consent of the Director of Public Prosecutions.

(9)In this section—

(10)The reference in subsection (1) to describing any course or training as an apprenticeship includes a reference to describing an individual who undertakes it as an apprentice.]

Textual Amendments

F86Ss. A9, A10 inserted (4.7.2016) by Enterprise Act 2016 (c. 12), ss. 24(1), 44(2)(c)

[F88A12Interpretation of Chapter A1E+W+S

(1)In this Chapter—

(2)References in this Chapter to approval, in relation to a technical education qualification approved under section A2D3 or A2D5, are to approval under the section in question.]

Textual Amendments

Chapter 1E+W[F89Apprenticeships: Wales]

Textual Amendments

F89Pt. 1 Ch. 1 heading substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 6; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F90...E+W

Textual Amendments

F90S. 1 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 7; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F901Meaning of “completing an English apprenticeship”E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2Meaning of “completing a Welsh apprenticeship”E+W

(1)This section applies for the purposes of this Chapter.

(2)A person completes a Welsh apprenticeship in relation to an apprenticeship framework if—

(a)the standard Welsh completion conditions are met, or

(b)the alternative Welsh completion conditions are met.

(3)The standard Welsh completion conditions are—

(a)that the person has entered into an apprenticeship agreement in connection with the apprenticeship framework,

(b)that at the date of that agreement the framework was a recognised Welsh framework,

(c)that the person has completed a course of training for the competencies qualification identified in the framework,

(d)that, throughout the duration of the course, the person was working under the apprenticeship agreement, and

(e)that the person meets the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate.

(4)In subsection (3)(d)—

(a)the reference to the apprenticeship agreement mentioned in subsection (3)(a) includes a reference to any apprenticeship agreement which the person subsequently entered into in connection with the same apprenticeship framework;

(b)the reference to the course of training for the competencies qualification is to be read, in a case where the person has followed two or more courses of training for the competencies qualification, as a reference to both or all of them.

(5)The alternative Welsh completion conditions are conditions which—

(a)apply in cases where a person works otherwise than under an apprenticeship agreement, and

(b)are specified in regulations made by the Welsh Ministers.

(6)The kinds of working in relation to which provision may be made under subsection (5) include—

(a)working as a self-employed person;

(b)working otherwise than for reward.

Commencement Information

I1S. 2 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(a)

F91...E+W

Textual Amendments

F91Ss. 3-6 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 8; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F913Duty to issue: EnglandE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F914Power to issue: EnglandE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F915Issue by the English certifying authority: supplementaryE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F916The English certifying authorityE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Apprenticeship certificates: WalesE+W

7Duty to issue: WalesE+W

(1)The Welsh certifying authority must issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—

(a)it appears to the authority that the person has completed a Welsh apprenticeship in relation to the apprenticeship framework,

(b)in a case within section 2(2)(a), it appears to the authority that the condition in subsection (3)(e) of that section was met at the date of the person's application, and

(c)the person—

(i)provides the authority with such information and evidence as the authority requires the person to provide, and

(ii)pays any fee charged by the authority for the issue of the certificate (see section 9).

(2)The “prescribed manner” is the manner prescribed by regulations made by the Welsh Ministers.

Commencement Information

I2S. 7 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(b)

8Power to issue: WalesE+W

(1)The Welsh certifying authority may issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—

(a)it appears to the authority that at the date of the application the person met the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate,

(b)the framework is, or has been, a recognised Welsh framework,

(c)the person—

(i)provides the authority with such information and evidence as the authority requires the person to provide, and

(ii)pays any fee charged by the authority for the issue of the certificate (see section 9).

(2)The “prescribed manner” for the purposes of subsection (1), is the manner prescribed by regulations made by the Welsh Ministers.

Commencement Information

I3S. 8 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(c)

9Issue by the Welsh certifying authority: supplementaryE+W

(1)The Welsh certifying authority may charge a fee for issuing an apprenticeship certificate only if, and to the extent that, it is authorised to do so by regulations made by the Welsh Ministers.

(2)Regulations made by the Welsh Ministers may make provision about the supply of copies of apprenticeship certificates issued under section 7 or 8.

(3)Regulations under subsection (2) may include provision authorising a person supplying a copy of an apprenticeship certificate to charge a fee for doing so.

Commencement Information

I4S. 9 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(d)

10The Welsh certifying authorityE+W

(1)In this Chapter, the “Welsh certifying authority”, in relation to an apprenticeship certificate of any description, means—

(a)the person (if any) designated under this section to issue apprenticeship certificates of that description;

(b)if there is no-one within paragraph (a), the person (if any) designated under this section to issue apprenticeship certificates generally;

(c)if there is no-one within paragraph (a) or (b), the Welsh Ministers.

(2)A person designated under this section to issue apprenticeship certificates must, in exercising functions under this Chapter—

(a)comply with directions given by the Welsh Ministers, and

(b)have regard to guidance given by the Welsh Ministers.

(3)“Designated” means designated by an order made by the Welsh Ministers.

Commencement Information

I5S. 10 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(e)

Contents of apprenticeship certificate: F92...WalesE+W

Textual Amendments

F92Words in s. 11 cross-heading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 9(c); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

11Contents of apprenticeship certificateE+W

(1)An apprenticeship certificate must state—

(a)the name of the person to whom it is issued,

(b)the apprenticeship framework to which it relates,

(c)the level of that framework, and

(d)the apprenticeship sector to which that framework relates.

(2)An apprenticeship certificate must also state such other matters as [F93the Welsh Ministers] may by regulations require to be stated in a certificate of that description.

F94(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F93Words in s. 11(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 9(a); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

Commencement Information

I6S. 11 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I7S. 11 in force at 10.5.2013 for W. by S.I. 2013/1100, art. 2(2)(a)

Apprenticeship frameworks: F95... WalesE+W

Textual Amendments

F95Words in s. 12 cross-heading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 10(b); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

12Apprenticeship frameworks: interpretationE+W

(1)In this Chapter, “apprenticeship framework” means a specification of requirements, for the purpose of the issue of apprenticeship certificates, that satisfies subsection (2).

(2)The requirements specified must—

(a)be at a particular level stated in the specification, and

(b)relate to a particular skill, trade or occupation included in an apprenticeship sector stated in the specification.

F96(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In this Chapter, “recognised Welsh framework” means an apprenticeship framework issued under section 19(1) from which recognition has not been withdrawn under section 19(2).

(5)For the purposes of this Chapter—

(a)an apprenticeship framework is at the level of the requirements stated in it;

(b)an apprenticeship framework relates to the apprenticeship sector stated in it.

Textual Amendments

Commencement Information

I8S. 12 in force at 1.3.2011 for E. by S.I. 2011/200, art. 2

I9S. 12 in force at 10.5.2013 for W. by S.I. 2013/1100, art. 2(2)(b)

F97...E+W

Textual Amendments

F97Ss. 13-17 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 11; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F9713English issuing authorityE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9714Issue: EnglandE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9715Recognised English frameworks: notification and publicationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9716Submission of draft framework for issue: EnglandE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9717Transitional provision: EnglandE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Apprenticeship frameworks: WalesE+W

18Welsh issuing authorityE+W

(1)The Welsh Ministers may designate a person to issue apprenticeship frameworks relating to a particular apprenticeship sector.

[F98(2)The power to designate conferred by this section may not be exercised in such a way that there is at any time more than one person designated to issue apprenticeship frameworks relating to a particular apprenticeship sector.]

(3)A person designated under this section must, in exercising functions under this Chapter—

(a)comply with directions given by the Welsh Ministers;

(b)have regard to guidance given by the Welsh Ministers.

(4)A designation under this section may be amended or revoked by the Welsh Ministers.

[F99(5)In this Chapter, the “Welsh issuing authority”, in relation to an apprenticeship framework, means—

(a)the person (if any) designated under this section to issue frameworks of that description;

(b)if there is no-one so designated, the Welsh Ministers.]

Textual Amendments

Commencement Information

I10S. 18 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(f)

19Issue: WalesE+W

(1)The Welsh issuing authority may issue an apprenticeship framework only if the authority is satisfied that the framework meets the requirements specified, by the specification of apprenticeship standards for Wales, for recognised Welsh frameworks of that description.

(2)Recognition of a recognised Welsh framework may be withdrawn [F100by the Welsh issuing authority]—

F101(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F101S. 19(2)(a)(b) omitted (21.9.2018) by virtue of Deregulation Act 2015 (c. 20), s. 115(4), Sch. 1 para. 26(b); S.I. 2018/883, art. 2

Commencement Information

I11S. 19 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(g)

20Recognised Welsh frameworks: notification and publicationE+W

(1)On issuing an apprenticeship framework under section 19(1), the Welsh issuing authority must—

(a)publish the framework;

(b)[F102if the issuing authority is not the Welsh Ministers,] notify the Welsh Ministers of the issue of the framework.

(2)A notice given under subsection (1)(b) must be accompanied by a copy of the framework.

(3)[F103A Welsh issuing authority which] withdraws recognition of an apprenticeship framework under section 19(2) must—

(a)publish a notice stating that recognition of the framework has been withdrawn;

(b)[F104in the case where the issuing authority are not the Welsh Ministers,] notify the Welsh Ministers of the withdrawal.

(4)Where this section imposes a duty on a person to publish a framework or notice, the publication may be in such manner as the person thinks fit.

Textual Amendments

F102Words in s. 20(1)(b) inserted (21.9.2018) by Deregulation Act 2015 (c. 20), s. 115(4), Sch. 1 para. 27(2); S.I. 2018/883, art. 2

F104Words in s. 20(3)(b) substituted (21.9.2018) by Deregulation Act 2015 (c. 20), s. 115(4), Sch. 1 para. 27(3)(b); S.I. 2018/883, art. 2

Commencement Information

I12S. 20 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(h)

21Submission of draft framework for issue: WalesE+W

(1)This section applies if a person—

(a)submits a draft of an apprenticeship framework to the Welsh issuing authority, and

(b)requests that the authority issue a framework in the form of the draft.

(2)The authority may require the person to provide such information and evidence in connection with the draft as the authority thinks appropriate.

(3)If the authority decides not to issue a framework in the form of the draft, it must give the person reasons for its decision.

Commencement Information

I13S. 21 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(i)

22Transitional provision: WalesE+W

(1)The Welsh Ministers may by order provide for an existing vocational specification to be treated, for all purposes or for purposes specified in the order, as if it were an apprenticeship framework issued under section 19(1) that specified requirements for the purpose of the issue of apprenticeship certificates.

(2)For the purposes of its application in relation to an existing vocational specification that, by virtue of an order under subsection (1), is treated as an apprenticeship framework issued under section 19(1), this Chapter has effect subject to any modifications specified in the order.

(3)An order under subsection (1) must—

(a)specify a date on which the deemed framework is to be treated as being issued under section 19(1);

(b)specify a date on which recognition of the deemed framework is to be treated as having been withdrawn under section 19(2);

(c)specify a qualification that the deemed framework is to be treated as identifying as the competencies qualification;

(d)specify the level and apprenticeship sector that are to be treated as being stated in the deemed framework.

(4)The date specified under subsection (3)(b) in an order under subsection (1) must be no later than the day after the day that is the school leaving date for 2013.

(5)In this section—

(6)Nothing in this section limits the powers conferred by section 262.

Commencement Information

I14S. 22 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(j)

F105...E+W

Textual Amendments

F105Ss. 23-27 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 12; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F10523Duty to prepare and submit draft specification: EnglandE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10524Order bringing specification into effectE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10525Modification: EnglandE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10526Replacement or modification: recognised English frameworksE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10527Contents of specification of apprenticeship standards for EnglandE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Specification of apprenticeship standards: WalesE+W

28Specification of apprenticeship standards for WalesE+W

(1)The Welsh Ministers may prepare a draft specification of apprenticeship standards.

(2)In preparing the draft, the Welsh Ministers must consult such persons as they think appropriate.

(3)Having prepared a draft, the Welsh Ministers may by order provide that a specification of apprenticeship standards (“the specification of apprenticeship standards for Wales”) is to have effect—

(a)in the form of the draft, or

(b)in that form with such modifications as the Welsh Ministers think appropriate.

(4)Subsection (2) does not apply in relation to the first draft specification to be prepared by the Welsh Ministers after the commencement of this section.

(5)The Welsh Ministers may not make an order under subsection (3) unless satisfied that the specification of apprenticeship standards given effect to by the order complies with section 31.

(6)The power conferred by subsection (3) is to be exercised so as to secure that at any time only one specification of apprenticeship standards has effect as the specification of apprenticeship standards for Wales.

Commencement Information

I15S. 28 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(k)

29Modification: WalesE+W

(1)The Welsh Ministers may by order provide that the specification of apprenticeship standards for Wales is to have effect subject to modifications specified in the order.

(2)The Welsh Ministers may not make an order under this section unless satisfied that the specification, as so modified, complies with section 31.

Commencement Information

I16S. 29 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(l)

30Replacement or modification: recognised Welsh frameworksE+W

(1)Subject to subsection (2), a recognised Welsh framework does not cease to be a recognised Welsh framework if, by virtue of an order under section 28 or 29, it ceases to meet the requirements specified for frameworks of its description by the specification of apprenticeship standards for Wales.

(2)An order under section 28 may provide for an apprenticeship framework which—

(a)immediately before the making of the order is a recognised Welsh framework, but

(b)does not meet the requirements specified for frameworks of its description by the specification of apprenticeship standards for Wales to which the order gives effect,

to cease to have effect as a recognised Welsh framework.

Commencement Information

I17S. 30 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(m)

31Contents of specification of apprenticeship standards for WalesE+W

(1)The specification of apprenticeship standards for Wales—

(a)must specify requirements to be met by recognised Welsh frameworks,

(b)may specify different requirements in relation to recognised Welsh frameworks at different levels.

(2)The requirements specified by the specification of apprenticeship standards for Wales must include—

(a)requirements as to Welsh certificate requirements, including requirements as to standards of attainment to be required by them,

(b)requirements for a recognised Welsh framework to include, as a Welsh certificate requirement, the requirement that an apprenticeship certificate relating to the framework may be issued to a person only if the person has received both on-the-job training and off-the-job training, and

(c)requirements for a recognised Welsh framework to—

(i)include, as a Welsh certificate requirement, the requirement that one or more qualifications be held,

(ii)include, as a Welsh certificate requirement, the requirement that the qualification, or the qualifications taken together, demonstrate the relevant occupational competencies and the relevant technical knowledge, and

(iii)identify the qualification that demonstrates the relevant occupational competencies as the competencies qualification in relation to the framework.

(3)Requirements as to standards of attainment may be specified by reference, in particular, to descriptions of qualifications or training.

(4)In this section—

Commencement Information

I18S. 31 in force at 10.5.2013 by S.I. 2013/1100, art. 2(1)(n)

Apprenticeship agreements: F106... WalesE+W

Textual Amendments

F106Words in s. 32 cross-heading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 13; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

32Meaning of “apprenticeship agreement”E+W

(1)In this Chapter, “apprenticeship agreement” means an agreement in relation to which each of the conditions in subsection (2) is satisfied.

(2)The conditions are—

(a)that a person (the “apprentice”) undertakes to work for another (the “employer”) under the agreement;

(b)that the agreement is in the prescribed form;

(c)that the agreement states that it is governed by the law of England and Wales;

(d)that the agreement states that it is entered into in connection with a qualifying apprenticeship framework.

(3)The power conferred by subsection (2)(b) may be exercised, in particular—

(a)to specify provisions that must be included in an apprenticeship agreement;

(b)to specify provisions that must not be included in an apprenticeship agreement;

(c)to specify all or part of the wording of provisions that must be included in an apprenticeship agreement.

(4)Where an agreement states that it is entered into in connection with an apprenticeship framework (“the relevant framework”) that is not a qualifying apprenticeship framework, subsection (2)(d) is to be taken to be satisfied in relation to the agreement if—

(a)at a time within the period of three years ending with the date of the agreement, the relevant framework was a qualifying apprenticeship framework;

(b)at the date of the agreement, the apprentice has not completed the whole of a course of training for the competencies qualification identified in the relevant framework,

(c)before the date of the agreement, the apprentice entered into an apprenticeship agreement (“the earlier agreement”) which stated that it was entered into in connection with the relevant framework, and

(d)at the date of the earlier agreement, the relevant framework was a qualifying apprenticeship framework.

(5)In subsection (4)(b), the reference to a course of training for the competencies qualification is to be read, in a case where the person follows two or more courses of training for the competencies qualification, as a reference to both or all of them.

(6)An apprenticeship framework is a “qualifying apprenticeship framework”, for the purposes of this section, if it is—

F107(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a recognised Welsh framework.

Textual Amendments

F107S. 32(6)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 14; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

Commencement Information

I19S. 32 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I20S. 32 in force at 1.8.2011 for W. by S.I. 2011/200, art. 4

33Ineffective provisionsE+W

(1)To the extent that provision included in an apprenticeship agreement conflicts with the prescribed apprenticeship provisions, it has no effect.

(2)In this section, the “prescribed apprenticeship provisions”, in relation to an apprenticeship agreement, means those provisions—

(a)that are included in the agreement, and

(b)without the inclusion of which the agreement would not satisfy section 32(2)(b).

Commencement Information

I21S. 33 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I22S. 33 in force at 1.8.2011 for W. by S.I. 2011/200, art. 4

34VariationE+W

(1)If a variation to an apprenticeship agreement is within subsection (2), it has effect only if, before it was made, the employer complied with the requirement in subsection (3).

(2)A variation to an apprenticeship agreement is within this subsection if its nature is such that, were it to take effect, the agreement would cease to be an apprenticeship agreement.

(3)The employer must give the apprentice written notice stating that, if the variation takes effect, the agreement will cease to be an apprenticeship agreement.

Commencement Information

I23S. 34 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I24S. 34 in force at 1.8.2011 for W. by S.I. 2011/200, art. 4

35StatusE+W

(1)To the extent that it would otherwise be treated as being a contract of apprenticeship, an apprenticeship agreement is to be treated as not being a contract of apprenticeship.

(2)To the extent that it would not otherwise be treated as being a contract of service, an apprenticeship agreement is to be treated as being a contract of service.

(3)This section applies for the purposes of any enactment or rule of law.

Commencement Information

I25S. 35 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I26S. 35 in force at 1.8.2011 for W. by S.I. 2011/200, art. 4

36Crown servants and Parliamentary staffE+W

(1)Sections 32 to 35 apply in relation to—

(a)an agreement under which a person undertakes Crown employment,

(b)an agreement under which a person undertakes service as a member of the naval, military or air forces of the Crown, and

(c)an agreement under which a person undertakes employment as—

(i)a relevant member of the House of Lords staff, or

(ii)a relevant member of the House of Commons staff,

as they apply in relation to any other agreement under which a person undertakes to work for another.

(2)Subsection (1) is subject to subsection (3) and to any modifications which may be prescribed under subsection (5).

(3)Section 35(2) does not apply in relation to an apprenticeship agreement that is an agreement within paragraph (a), (b) or (c) of subsection (1).

(4)Without prejudice to section 262(3), the power conferred by section 32(2)(b) may be exercised, in particular, to make provision in relation to an apprenticeship agreement which is an agreement within any of paragraphs (a), (b) and (c) of subsection (1) that differs from provision made in relation to other apprenticeship agreements.

(5)Regulations may provide for any provision of this Chapter F108... to apply with modifications in relation to—

(a)an agreement within paragraph (a), (b) or (c) of subsection (1), or

(b)a person working, or proposing to work, under such an agreement.

(6)In subsection (1)—

Textual Amendments

F108Words in s. 36(5) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 3; S.I. 2012/1087, art. 3

Commencement Information

I27S. 36 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I28S. 36 in force at 1.8.2011 for W. by S.I. 2011/200, art. 4

Duty to participate in education or training: EnglandE+W

37Duty to participate in education or training: apprenticeship agreementsE+W

(1)Part 1 of the Education and Skills Act 2008 (c. 25) (duty to participate in education or training: England) is amended as follows.

(2)In section 2 (duty to participate), in subsection (1)(b) after “contract of apprenticeship” insert “ or an apprenticeship agreement ”.

(3)In section 66 (interpretation of Part 1), in subsection (1)—

(a)at the appropriate place insert—

“ “apprenticeship agreement” has the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009;”;

(b)in the definition of “contract of employment” after “contract of apprenticeship” insert “ or an apprenticeship agreement ”.

Commencement Information

I29S. 37 in force at 6.4.2011 by S.I. 2011/200, art. 3

GeneralE+W

38Apprenticeship sectorsE+W

(1)[F109The Welsh Ministers] must by order specify sectors of skill, trade or occupation for the purposes of this Chapter.

(2)The sectors specified under subsection (1) must in the opinion of [F110the Welsh Ministers] encompass the full range of skills, trades and occupations.

Textual Amendments

Commencement Information

I30S. 38 in force at 1.3.2011 by S.I. 2011/200, art. 2

39Interpretation of ChapterE+W

(1)In this Chapter—

(2)References in this Chapter—

(a)to the level of an apprenticeship framework, or

(b)to the apprenticeship sector to which an apprenticeship framework relates,

are to be construed in accordance with section 12(5).

(3)References in this Chapter to an employer and an apprentice, in relation to an apprenticeship agreement, are to be construed in accordance with section 32.

Textual Amendments

F111Words in s. 39(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 16(a); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F112Words in s. 39(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 16(b); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

Commencement Information

I31S. 39 in force at 6.4.2011 for E. by S.I. 2011/200, art. 3

I32S. 39 in force at 10.5.2013 for W. by S.I. 2013/1100, art. 2(2)(c)

Chapter 2E+W+SStudy and training

40Employer support for employee study and trainingE+W+S

(1)The Employment Rights Act 1996 (c. 18) is amended as follows.

(2)After Part 6 (time off work) insert—

“Part 6AE+W+SStudy and training
63DStatutory right to make request in relation to study or training

(1)A qualifying employee may make an application under this section to his or her employer.

(2)An application under this section (a “section 63D application”) is an application that meets—

(a)the conditions in subsections (3) to (5), and

(b)any further conditions specified by the Secretary of State in regulations.

(3)The application must be made for the purpose of enabling the employee to undertake study or training (or both) within subsection (4).

(4)Study or training is within this subsection if its purpose is to improve—

(a)the employee's effectiveness in the employer's business, and

(b)the performance of the employer's business.

(5)The application must state that it is an application under this section.

(6)An employee is a qualifying employee for the purposes of this section if the employee—

(a)satisfies any conditions about duration of employment specified by the Secretary of State in regulations, and

(b)is not a person within subsection (7).

(7)The following persons are within this subsection—

(a)a person of compulsory school age (or, in Scotland, school age);

(b)a person to whom Part 1 of the Education and Skills Act 2008 (duty to participate in education or training for 16 and 17 year olds) applies;

(c)a person who, by virtue of section 29 of that Act, is treated as a person to whom that Part applies for the purposes specified in that section (extension for person reaching 18);

(d)a person to whom section 63A of this Act (right to time off for young person for study or training) applies;

(e)an agency worker;

(f)a person of a description specified by the Secretary of State in regulations.

(8)Nothing in this Part prevents an employee and an employer from making any other arrangements in relation to study or training.

(9)In this section—

63ESection 63D application: supplementary

(1)A section 63D application may—

(a)be made in relation to study or training of any description (subject to section 63D(3) and (4) and regulations under section 63D(2));

(b)relate to more than one description of study or training.

(2)The study or training may (in particular) be study or training that (if undertaken)—

(a)would be undertaken on the employer's premises or elsewhere (including at the employee's home);

(b)would be undertaken by the employee while performing the duties of the employee's employment or separately;

(c)would be provided or supervised by the employer or by someone else;

(d)would be undertaken without supervision;

(e)would be undertaken within or outside the United Kingdom.

(3)The study or training need not be intended to lead to the award of a qualification to the employee.

(4)A section 63D application must—

(a)give the following details of the proposed study or training—

(i)its subject matter;

(ii)where and when it would take place;

(iii)who would provide or supervise it;

(iv)what qualification (if any) it would lead to;

(b)explain how the employee thinks the proposed study or training would improve—

(i)the employee's effectiveness in the employer's business, and

(ii)the performance of the employer's business;

(c)contain information of any other description specified by the Secretary of State in regulations.

(5)The Secretary of State may make regulations about—

(a)the form of a section 63D application;

(b)when a section 63D application is to be taken to be received for the purposes of this Part.

63FEmployer's duties in relation to application

(1)Subsections (4) to (7) apply if—

(a)an employer receives a section 63D application (the “current application”) from an employee, and

(b)during the relevant 12 month period the employer has not received another section 63D application (an “earlier application”) from the employee.

(2)The “relevant 12 month period” is the 12 month period ending with the day on which the employer receives the current application.

(3)The Secretary of State may make regulations about circumstances in which, at an employee's request, an employer is to be required to ignore an earlier application for the purposes of subsection (1).

(4)The employer must deal with the application in accordance with regulations made by the Secretary of State.

(5)The employer may refuse a section 63D application only if the employer thinks that one or more of the permissible grounds for refusal applies in relation to the application.

(6)The employer may refuse part of a section 63D application only if the employer thinks that one or more of the permissible grounds for refusal applies in relation to that part.

(7)The permissible grounds for refusal are—

(a)that the proposed study or training to which the application, or the part in question, relates would not improve—

(i)the employee's effectiveness in the employer's business, or

(ii)the performance of the employer's business;

(b)the burden of additional costs;

(c)detrimental effect on ability to meet customer demand;

(d)inability to re-organise work among existing staff;

(e)inability to recruit additional staff;

(f)detrimental impact on quality;

(g)detrimental impact on performance;

(h)insufficiency of work during the periods the employee proposes to work;

(i)planned structural changes;

(j)any other grounds specified by the Secretary of State in regulations.

63GRegulations about dealing with applications

(1)Regulations under section 63F(4) may, in particular, include provision—

(a)for the employee to have a right to be accompanied by a person of a specified description when attending meetings held in relation to a section 63D application in accordance with any such regulations;

(b)for the postponement of such a meeting if the employee's companion under paragraph (a) is not available to attend it;

(c)in relation to companions under paragraph (a), corresponding to section 10(6) and (7) of the Employment Relations Act 1999 (right to paid time off to act as companion, etc.);

(d)in relation to the rights under paragraphs (a) to (c), for rights to complain to an employment tribunal and not to be subjected to a detriment, and about unfair dismissal;

(e)for section 63D applications to be treated as withdrawn in specified circumstances.

(2)In this section “specified” means specified in the regulations.

63HEmployee's duties in relation to agreed study or training

(1)This section applies if an employer has agreed to a section 63D application, or part of a section 63D application, made by an employee in relation to particular study or training (the “agreed study or training”).

(2)The employee must inform the employer if the employee—

(a)fails to start the agreed study or training;

(b)fails to complete the agreed study or training;

(c)undertakes, or proposes to undertake, study or training that differs from the agreed study or training in any respect (including those specified in section 63E(4)(a)).

(3)The Secretary of State may make regulations about the way in which the employee is to comply with the duty under subsection (2).

63IComplaints to employment tribunals

(1)An employee who makes a section 63D application may present a complaint to an employment tribunal that—

(a)the employer has failed to comply with section 63F(4), (5) or (6), or

(b)the employer's decision to refuse the application, or part of it, is based on incorrect facts.

This is subject to the following provisions of this section.

(2)No complaint under this section may be made in respect of a section 63D application which has been disposed of by agreement or withdrawn.

(3)In the case of a section 63D application that has not been disposed of by agreement or withdrawn, a complaint under this section may only be made if the employer—

(a)notifies the employee of a decision to refuse the application (or part of it) on appeal, or

(b)commits a breach of regulations under section 63F(4), where the breach is of a description specified by the Secretary of State in regulations.

(4)No complaint under this section may be made in respect of failure to comply with provision included in regulations under section 63F(4) because of—

(a)section 63G(1)(a) or (b), if provision is included in regulations under section 63F(4) by virtue of section 63G(1)(d), or

(b)section 63G(1)(c).

(5)An employment tribunal may not consider a complaint under this section unless the complaint is presented—

(a)before the end of the period of three months beginning with the relevant date, or

(b)within any further period that the tribunal considers reasonable, if the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

(6)The relevant date is—

(a)in the case of a complaint permitted by subsection (3)(a), the date on which the employee is notified of the decision on the appeal;

(b)in the case of a complaint permitted by subsection (3)(b), the date on which the breach was committed.

63JRemedies

(1)If an employment tribunal finds a complaint under section 63I well-founded it must make a declaration to that effect and may—

(a)make an order for reconsideration of the section 63D application;

(b)make an award of compensation to be paid by the employer to the employee.

(2)The amount of any compensation must be the amount the tribunal considers just and equitable in all the circumstances, but must not exceed the permitted maximum.

(3)The permitted maximum is the number of weeks' pay specified by the Secretary of State in regulations.

(4)If an employment tribunal makes an order under subsection (1)(a), section 63F and regulations under that section apply as if the application had been received on the date of the order (instead of on the date it was actually received).

63KSupplementary

Regulations under this Part may make different provision for different cases.”

(3)After section 47E (protection from suffering detriment in employment: flexible working) insert—

47F“Study and training

(1)An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the employee's employer done on the ground that the employee—

(a)made (or proposed to make) a section 63D application,

(b)exercised (or proposed to exercise) a right conferred on the employee under section 63F,

(c)brought proceedings against the employer under section 63I, or

(d)alleged the existence of any circumstance which would constitute a ground for bringing such proceedings.

(2)This section does not apply if the detriment in question amounts to dismissal within the meaning of Part 10.”

(4)After section 104D (unfair dismissal: pension enrolment) insert—

104E“Study and training

An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

(a)made (or proposed to make) a section 63D application,

(b)exercised (or proposed to exercise) a right conferred on the employee under section 63F,

(c)brought proceedings against the employer under section 63I, or

(d)alleged the existence of any circumstance which would constitute a ground for bringing such proceedings.”

(5)Schedule 1 makes amendments to employment legislation relating to the provision made by this section.]

Commencement Information

I33S. 40 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

[F113Part 1AE+W+SApprenticeships [F114, Technical Education Qualifications] [F115and other education and training]: information sharing

Textual Amendments

EnglandE+W+S

40ASharing of information by HMRC and the Secretary of StateE+W+S

(1)HMRC may disclose information held by them to the Secretary of State for the purpose of the Secretary of State's functions in relation to English statutory apprenticeships.

(2)The Secretary of State may disclose information to HMRC—

(a)for the purpose of requesting HMRC to disclose information under subsection (1), or

(b)for another purpose connected with the Secretary of State's functions in relation to English statutory apprenticeships.

(3)In this section “English statutory apprenticeships” means—

(a)approved English apprenticeships within the meaning given in section A1;

(b)apprenticeships undertaken under apprenticeship agreements within the meaning given in section 32 that were entered into in connection with recognised English frameworks;

(c)apprenticeships in relation to which alternative English completion arrangements apply under section 1(5);

(d)apprenticeships undertaken under arrangements made in relation to England under section 2 of the Employment and Training Act 1973 that are identified by the person making them as arrangements for the provision of apprenticeships.

[F11640AASharing of information by or with the InstituteE+W+S

(1)The Institute for Apprenticeships and Technical Education may disclose information to a relevant person for the purpose of a relevant function of that person.

(2)For disclosure of information by the Institute for the purposes of its own functions, see paragraph 10 of Schedule A1.

(3)A relevant person may disclose information to the Institute for the purpose of—

(a)a function of the Institute, or

(b)a relevant function of that person.

(4)In this section “relevant person” means—

(a)Ofqual,

(b)the OfS,

(c)Ofsted, or

(d)a prescribed person.

(5)In this section “relevant function” means—

(a)in relation to Ofqual, the OfS or Ofsted, a function of that body, so far as the function relates to England;

(b)in relation to a prescribed person, a prescribed function of that person, so far as the function relates to England.

(6)In this section—

(7)Regulations under this section prescribing functions of a person may prescribe all of the person's functions.]

Textual Amendments

[F11740ABSharing of technical education information by or with OfqualE+W+S

(1)Ofqual may disclose information to a relevant person for the purpose of a relevant function of—

(a)Ofqual, or

(b)the relevant person.

(2)A relevant person may disclose information to Ofqual for the purpose of a relevant function of—

(a)Ofqual, or

(b)the relevant person.

(3)In this section “relevant person” means—

(a)the Secretary of State;

(b)the OfS;

(c)Ofsted;

(d)a prescribed person.

(4)In this section “relevant function” means—

(a)in relation to the Secretary of State, Ofqual, the OfS or Ofsted, a technical education function of that body so far as the function relates to England;

(b)in relation to a prescribed person, a prescribed technical education function of that person, so far as the function relates to England.

(5)In this section—

Textual Amendments

Wales, Scotland and Northern IrelandE+W+S

40BSharing of information by HMRC and devolved authoritiesE+W+S

(1)HMRC may disclose information held by them—

(a)to a Welsh authority for the purpose of the authority's functions in relation to Welsh apprenticeships;

(b)to a Scottish authority for the purpose of the authority's functions in relation to Scottish apprenticeships;

(c)to a Northern Irish authority for the purpose of the authority's functions in relation to Northern Irish apprenticeships.

(2)An authority mentioned in paragraph (a), (b) or (c) of subsection (1) may disclose information to HMRC—

(a)for the purpose of requesting HMRC to disclose information to the authority under subsection (1), or

(b)for another purpose connected with the authority's functions mentioned in subsection (1).

(3)In this section—

(4)In subsection (3)—

(a)the reference to a Northern Ireland department includes a reference to a person providing services to a Northern Ireland department;

(b)the reference to the Scottish Ministers includes a reference to a person providing services to the Scottish Ministers;

(c)the reference to the Welsh Ministers includes a reference to a person providing services to the Welsh Ministers.

(5)Regulations under this section may amend the definition in subsection (3) of—

(a)“Northern Irish apprenticeships”,

(b)“Scottish apprenticeships”, or

(c)“Welsh apprenticeships”.

GeneralE+W+S

40CWrongful disclosureE+W+S

(1)Information disclosed by HMRC under section 40A(1) or 40B(1) may not be disclosed by the recipient of the information to any other person without the consent of HMRC (except so far as permitted by section 40A(2) or 40B(2)).

(2)If a person discloses, in contravention of subsection (1), any revenue and customs information relating to a person whose identity—

(a)is specified in the disclosure, or

(b)can be deduced from it,

section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.

40DInterpretationE+W+S

(1)In this Part—

(2)In this Part—

(a)references to HMRC include references to a person providing services to HMRC;

(b)references to the Secretary of State include references to a person providing services to the Secretary of State.

(3)Nothing in this Part

[F118(a)affects any power to disclose information that exists apart from this Part],

[F119(b)authorises the disclosure of any information in contravention of any provision made by or under any Act which prevents disclosure of the information.]]

Textual Amendments

Part 2E+W[F120Local authority] functions

Textual Amendments

Education and training for persons over compulsory school ageE+W

41Education and training for persons over compulsory school age: general dutyE+W

Before section 15A of the Education Act 1996 (c. 56) insert—

“15ZADuty in respect of education and training for persons over compulsory school age: England

(1)A [F120local authority] in England must secure that enough suitable education and training is provided to meet the reasonable needs of—

(a)persons in their area who are over compulsory school age but under 19, and

(b)persons in their area who are aged 19 or over but under 25 and are subject to learning difficulty assessment.

(2)A [F120local authority] may comply with subsection (1) by securing the provision of education or training outside as well as within their area.

(3)In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons' reasonable needs, a [F120local authority] must (in particular) have regard to—

(a)the persons' ages, abilities and aptitudes;

(b)any learning difficulties the persons may have;

(c)the quality of the education or training;

(d)the locations and times at which the education or training is provided.

(4)In performing the duty imposed by subsection (1) a [F120local authority] must—

(a)act with a view to encouraging diversity in the education and training available to persons;

(b)act with a view to increasing opportunities for persons to exercise choice;

(c)act with a view to enabling persons to whom Part 1 of the Education and Skills Act 2008 applies to fulfil the duty imposed by section 2 of that Act;

(d)take account of education and training whose provision the authority think might reasonably be secured by other persons.

(5)A [F120local authority] must, in—

(a)making any determination as to the provision of apprenticeship training that should be secured under subsection (1), or

(b)securing the provision of any apprenticeship training under that subsection,

co-operate with the Chief Executive of Skills Funding.

(6)For the purposes of this section a person has a learning difficulty if—

(a)the person has a significantly greater difficulty in learning than the majority of persons of the same age, or

(b)the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions providing education or training for persons who are over compulsory school age.

(7)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.

(8)In this section—

(9)The references in subsection (1) to—

(a)persons in a local authority's area who are over compulsory school age but under 19, and

(b)persons in a local authority's area who are aged 19 or over but under 25 and are subject to learning difficulty assessment,

do not include persons who are subject to a detention order.

15ZBCo-operation in performance of section 15ZA duty

[F121Local authorities] in England must co-operate with each other in performing their duties under section 15ZA(1).”

Textual Amendments

Commencement Information

I34S. 41 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

42Encouragement of education and training for persons over compulsory school ageE+W

After section 15ZB of the Education Act 1996 (c. 56) (inserted by section 41) insert—

“15ZCEncouragement of education and training for persons over compulsory school age: England

(1)A [F120local authority] in England must—

(a)encourage participation in education and training by persons in their area who are within section 15ZA(1)(a) or (b);

(b)encourage employers to participate in the provision of education and training for such persons.

(2)For the purposes of subsection (1)(b), participating in the provision of training includes participating by entering into—

(a)an apprenticeship agreement (within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009), or

(b)any other contract of employment in connection with which training is provided.

(3)In this section “education” and “training” have the same meanings as in section 15ZA.”

Commencement Information

I35S. 42 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

43[F120Local authority] directions: children over compulsory school ageE+W

(1)Chapter 1 of Part 3 of the School Standards and Framework Act 1998 (c. 31) is amended as follows.

(2)In section 84(6) (admissions code: interpretation) for the definition of “child” substitute—

““child” includes a person who has not attained the age of 19, except in sections 96 and 97 in so far as those sections apply in relation to Wales;”.

(3)After section 96(3) (direction to admit child to specified school) insert—

“(3A)A direction under this section to admit a child shall not specify a school which has in place admission arrangements that make provision for selection by ability falling within section 99(2)(c) unless the child satisfies the selection criteria.”

Commencement Information

I36S. 43 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

44Power to require provision of education by further education institutionE+W

(1)Before section 52 of the Further and Higher Education Act 1992 (c. 13) insert—

“51ADuty to provide for named individuals: England

(1)This section applies to an institution in England within the further education sector which provides education suitable to the requirements of persons over compulsory school age but under the age of 19.

(2)A [F120local authority] may by notice given to the governing body of such an institution—

(a)require them to provide specified individuals with such education falling within subsection (1) as is appropriate to the individuals' abilities and aptitudes;

(b)withdraw such a requirement.

(3)A [F120local authority] may specify an individual in a notice under subsection (2) only if the individual—

(a)is in the authority's area, and

(b)is over compulsory school age but under the age of 19.

(4)Before giving a notice under subsection (2) imposing a requirement on a governing body, a [F120local authority] must consult—

(a)the governing body, and

(b)such other persons as the authority think appropriate.

(5)The governing body of an institution within subsection (1) must secure compliance with a requirement that has been imposed under subsection (2) and has not been withdrawn.

(6)In deciding whether to require a particular institution to provide education to a particular individual under subsection (2) a [F120local authority] in England must have regard to any guidance given from time to time by the Secretary of State.”

(2)In section 52 of that Act—

(a)in subsection (1) after “institution” insert “ in Wales ”;

(b)in the title, at the end insert “ : Wales ”.

Commencement Information

I37S. 44 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Prospective

The core and additional entitlementsE+W

45Duties in relation to the core and additional entitlementsE+W

After section 17 of the Education Act 1996 (c. 56) insert—

“The [F122core entitlement]: EnglandE+W
17ADuties in relation to the [F123core entitlement]

(1)A [F120local authority] in England must exercise their functions in such a way as to secure that the [F124core entitlement is] satisfied in relation to persons in their area who are over compulsory school age but under 19.

F125( 2 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F125( 3 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F125( 4 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F125( 5 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In exercising their functions as required by this section, a [F120local authority] in England must have regard to any guidance given from time to time by the Secretary of State.

(7)In this section—

  • F126...

  • F126...

  • “ the core entitlement ” has the meaning given by section 17C.

F127( 8 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)The [F128reference in subsection (1)] to persons in a [F120local authority]'s area who are over compulsory school age but under 19 [F128does] not include persons who are subject to a detention order.

F129 17B Entitlement to education and training for 16 to 18 year olds

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17CThe core entitlement

[F130(A1)A person over compulsory school age but under 19 has the core entitlement.]

(1)The core entitlement is an entitlement to follow a course of study in each of the core subjects chosen by the person [F131who has ] the entitlement (the “chosen core subjects”).

(2)The core subjects are—

(a)mathematics;

(b)English;

(c)information and communication technology.

(3)The core entitlement is satisfied in relation to a person if a course of study in each of the chosen core subjects is made available to the person at a school or institution.

(4)A person's entitlement to follow a course of study in one of the chosen core subjects ceases if—

(a)a course of study in the subject is made available to the person, but

(b)the person does not begin the course of study before reaching the age of 19.

[F132(5) In this section “ course of study ” means a course of education or training leading to a qualification specified, or a qualification of a description specified, by the Secretary of State by order for the purposes of this subsection. ]

F133 17DThe additional entitlement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”

Textual Amendments

F122 Words in s. 45 substituted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(2) , 82(2)(b)

F123 Words in s. 45 substituted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(3)(f) , 82(2)(b)

F124 Words in s. 45 substituted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(3)(a) , 82(2)(b)

F125 Words in s. 45 omitted (15.1.2012) by virtue of Education Act 2011 (c. 21) , ss. 30(3)(b) , 82(2)(b)

F126 Words in s. 45 omitted (15.1.2012) by virtue of Education Act 2011 (c. 21) , ss. 30(3)(c) , 82(2)(b)

F127 Words in s. 45 omitted (15.1.2012) by virtue of Education Act 2011 (c. 21) , ss. 30(3)(d) , 82(2)(b)

F128 Words in s. 45 substituted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(3)(e) , 82(2)(b)

F129 Words in s. 45 omitted (15.1.2012) by virtue of Education Act 2011 (c. 21) , ss. 30(4) , 82(2)(b)

F130 Words in s. 45 inserted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(5)(a) , 82(2)(b)

F131 Words in s. 45 substituted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(5)(b) , 82(2)(b)

F132 Words in s. 45 inserted (15.1.2012) by Education Act 2011 (c. 21) , ss. 30(5)(c) , 82(2)(b)

F133 Words in s. 45 omitted (15.1.2012) by virtue of Education Act 2011 (c. 21) , ss. 30(6) , 82(2)(b)

Boarding accommodation: persons subject to learning difficulty assessmentE+W

46Boarding accommodation: persons subject to learning difficulty assessmentE+W

After section 514 of the Education Act 1996 (c. 56) insert—

“514AProvision of boarding accommodation for persons subject to learning difficulty assessment

(1)A [F120local authority] in England may secure the provision of boarding accommodation in connection with the provision of education or training for a person in their area who is—

(a)over compulsory school age but under 25, and

(b)subject to learning difficulty assessment.

(2)A [F120local authority] may secure the provision of boarding accommodation under subsection (1) either within or outside their area.

(3)For the purposes of subsection (1) it is immaterial who provides, or secures the provision of, the education or training.

(4)In this section “education” and “training” have the same meanings as in section 15ZA.”

Commencement Information

I38S. 46 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Work experienceE+W

47Work experience for persons over compulsory school ageE+W

After section 560 of the Education Act 1996 insert—

“560AWork experience for persons over compulsory school age: England

(1)A [F120local authority] in England may secure the provision of work experience for persons in their area—

(a)who are over compulsory school age but under 19, or

(b)who are aged 19 or over but under 25 and are subject to learning difficulty assessment.

(2)A [F120local authority] in England must—

(a)encourage participation in work experience by persons in their area who are within subsection (1)(a) or (b);

(b)encourage employers to participate in the provision of work experience for such persons.”

Commencement Information

I39S. 47 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Persons detained in youth accommodationE+W

48Provision of education for persons subject to youth detentionE+W

After section 18 of the Education Act 1996 insert—

“18AProvision of education for persons subject to youth detention

(1)A [F120local authority] must secure that—

(a)enough suitable education is provided to meet the reasonable needs of children subject to youth detention in their area;

(b)enough suitable education and training is provided to meet the reasonable needs of persons who are—

(i)over compulsory school age but under 19, and

(ii)subject to youth detention in their area.

(2)In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons' reasonable needs, a [F120local authority] must (in particular) have regard to—

(a)the persons' ages, abilities and aptitudes;

(b)any special educational needs or learning difficulties (within the meaning of section 15ZA(6) and (7)) the persons may have;

(c)the desirability of enabling persons to complete programmes of study or training which they have begun;

(d)any relevant curriculum and the desirability that education received by persons subject to youth detention should be comparable with education which they could be expected to receive if they were attending a school or institution implementing a relevant curriculum;

(e)the desirability of the core entitlement F134... being satisfied in relation to persons over compulsory school age but under 19 F134....

(3)In subsection (2)(d), “relevant curriculum” means—

(a)in relation to a [F120local authority] in England, the National Curriculum for England established under section 87 of the Education Act 2002 as subsisting for the time being;

(b)in relation to a [F120local authority] in Wales—

(i)the National Curriculum for Wales established under section 108 of that Act as subsisting for the time being, or

(ii)any local curriculum formed by the authority under section 116A of the Education Act 2002 (formation of local curricula for pupils in Key Stage 4) or for their area under section 33A of the Learning and Skills Act 2000 (formation of local curricula for students aged 16 to 18).

[F135(4)Section 17C (the core entitlement) applies for the purposes of subsection (2)(e).]

(5)Any arrangements made by a [F120local authority] under subsection (1) for the provision by another person (the “learning provider”) of education or training must require the learning provider, in making any determination as to the education or training to be provided for a particular person (“P”), to have regard to any information within subsection (6).

(6)The information within this subsection is—

(a)information provided under section 562F by a [F120local authority] as to the level of P's literacy and numeracy skills;

(b)any other information provided under section 562F by P's home authority (within the meaning of Chapter 5A of Part 10) for the purpose of assisting a determination such as is mentioned in subsection (5).

(7)In performing the duty imposed by subsection (1), a [F120local authority] must have regard to any guidance issued—

(a)in the case of a [F120local authority] in England, by the Secretary of State;

(b)in the case of a [F120local authority] in Wales, by the Welsh Ministers.

(8)For the purposes of subsection (1), a person is subject to youth detention in the area of a [F120local authority] if—

(a)subject to a detention order, and

(b)detained in relevant youth accommodation in the area of the authority.”

Textual Amendments

F134Words in s. 48 omitted (15.1.2012) by virtue of Education Act 2011 (c. 21), ss. 30(7)(a), 82(2)(b)

F135Words in s. 48 substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 30(7)(b), 82(2)(b)

Commencement Information

I40S. 48 in force at 1.9.2010 for specified purposes for E. by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

49Persons detained in youth accommodation: application of provisionsE+W

(1)Section 562 of the Education Act 1996 (c. 56) (Act not to apply to persons detained under order of a court) is amended as follows.

(2)In subsection (1)—

(a)for “detained in pursuance of an order made by a court or of an order of recall made by the Secretary of State” substitute “ subject to a detention order and is detained in accommodation that is not relevant youth accommodation ”, and

(b)for “a person who is detained in pursuance of such an order” substitute “ such a person ”.

(3)After that subsection insert—

“(1A)For the purposes of this Act—

(a)a person is subject to a detention order if detained in pursuance of—

(i)an order made by a court, or

(ii)an order of recall made by the Secretary of State, and

(b)relevant youth accommodation is accommodation which—

(i)is youth detention accommodation (within the meaning given by section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000), and

(ii)is not in a young offender institution, or part of such an institution, that is used wholly or mainly for the detention of persons aged 18 and over.”

(4)In subsection (2), for “subsection (1)” substitute “ this section ”.

(5)After that subsection add—

“(3)A child or young person who is being kept in accommodation provided for the purpose of restricting liberty is not to be regarded for the purposes of this section as detained in pursuance of an order made by a court by reason of the fact that a court has authorised the person to be kept in such accommodation under section 25(4) of the Children Act 1989 (use of accommodation for restricting liberty).”

(6)In the title, after “apply to” insert “ certain ”.

Commencement Information

I41S. 49 in force at 1.9.2010 for specified purposes for E. by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

I42S. 49 in force at 1.4.2011 for specified purposes for W. by S.I. 2011/829, art. 2(a)

50Persons detained in youth accommodation: further provisionE+W

After section 562 of the Education Act 1996 (c. 56) insert— “Chapter 5A Persons detained in youth accommodation Provisions applying to detained persons

562AApplication of Act to detained persons

(1)In its application in relation to detained persons, this Act has effect subject to modifications prescribed by regulations made by the appropriate national authority.

(2)The power conferred by subsection (1) may not be exercised to modify the application of a provision of this Act if—

(a)the provision makes special provision in relation to detained persons, or a description of detained persons,

(b)the application of the provision in relation to detained persons, or a description of detained persons, is excluded by provision made by this Act, or

(c)the provision has effect in relation to detained persons, or a description of detained persons, subject to modifications made by this Act.

(3)References in this Chapter to a detained person are to a child or young person who is—

(a)subject to a detention order, and

(b)detained in relevant youth accommodation;

and, in provisions applying on a person's release, also include references to a person who, immediately before release, was a detained person.

562BDuty to take steps to promote fulfilment of potential

(1)Subsection (2) applies in relation to a detained person who is not a looked after child.

(2)The home authority must—

(a)during the period of detention in relevant youth accommodation, and

(b)on the person's release from detention in relevant youth accommodation,

take such steps as they consider appropriate to promote the person's fulfilment of his or her learning potential.

(3)Those steps must include, where it appears to the home authority appropriate for them to do so, making arrangements for the provision, on the person's release from detention—

(a)of education, or

(b)in the case of a person who is over compulsory school age, of education or training.

(4)Where the host authority make any determination as to the education or training to be provided for a detained person, the authority must have regard to—

(a)any information provided under section 562F by a [F120local authority] as to the level of the person's literacy and numeracy skills;

(b)any other information provided by the home authority under section 562F for the purpose of assisting any such determination.

562CDetained persons with special educational needs

(1)This section applies where, immediately before the beginning of the detention, a [F120local authority] were maintaining a statement under section 324 for a detained person.

(2)The authority must keep the statement while the person is detained in relevant youth accommodation.

(3)The host authority must use best endeavours to secure that appropriate special educational provision is made for the detained person while the person is detained in relevant youth accommodation.

(4)For the purposes of subsection (3), appropriate special educational provision is—

(a)the special educational provision that, immediately before the beginning of the detention, was specified in the statement,

(b)educational provision corresponding as closely as practicable to the special educational provision so specified, or

(c)if it appears to the host authority that the special educational provision so specified is no longer appropriate for the person, such special educational provision as reasonably appears to the host authority to be appropriate for the person.

562DAppropriate special educational provision: arrangements between [F121local authorities]

(1)This section applies where special educational provision is secured for a person in circumstances where section 562C applies.

(2)A [F120local authority] may supply goods and services to—

(a)the host authority, or

(b)any other person making the special educational provision in question.

(3)Goods and services may be supplied under subsection (2) only for the purpose of assisting the making or securing of that special educational provision.

562ELiteracy and numeracy assessments

(1)This section applies in relation to a detained person who is detained in particular relevant youth accommodation.

(2)The host authority must arrange for the level of the detained person's literacy and numeracy skills to be assessed as soon as reasonably practicable after the beginning of the period during which the person is detained in that accommodation.

(3)Subsection (2) does not apply if the authority are satisfied that they have evidence of the current level of the person's literacy and numeracy skills.

(4)The “current level” of a detained person's literacy and numeracy skills is the level of those skills at the beginning of the period during which the person is detained in the relevant youth accommodation in question.

Provision of information relating to detained persons

562FProvision of information about detained persons

(1)Any person who has provided education or training for a detained person (whether before or during the period of detention) may provide information relating to the detained person to—

(a)the home authority, or

(b)the host authority,

for the purposes of, or in connection with, the provision of education or training for the detained person.

(2)A [F120local authority] must, on a request under subsection (3), as soon as practicable provide to the person making the request such information that they hold relating to a detained person as is requested.

(3)A request is made under this subsection if it—

(a)is made by a person within subsection (4), and

(b)asks only for information which the person requires for the purposes of, or in connection with, the provision of education or training for the detained person (including education or training to be provided after the detained person's release from detention).

(4)Those persons are—

(a)any other [F120local authority];

(b)a youth offending team established under section 39 of the Crime and Disorder Act 1998;

(c)the person in charge of any place at which the detained person is detained or is expected to be detained;

(d)any person providing or proposing to provide education or training for the detained person.

(5)The Welsh Ministers must, on a request by the home authority or the host authority, provide a copy of any relevant assessment report for the purposes of the exercise of any function of that authority under section 18A or this Chapter.

(6)In subsection (5), “relevant assessment report” means a report of an assessment of a detained person conducted (whether before or during the period of detention)—

(a)under section 140 of the Learning and Skills Act 2000, and

(b)by virtue of arrangements made by the Welsh Ministers.

(7)Subsection (8) applies in relation to a detained person if it appears to the host authority that the person is to be released from detention in relevant youth accommodation.

(8)The host authority must provide to the home authority any information they hold which—

(a)relates to the detained person, and

(b)may be relevant for the purposes of, or in connection with, the provision of education or training for the detained person after the release.

(9)The information required to be provided under subsection (8) must be provided at such time as the host authority think reasonable for the purpose of enabling education or training to be provided for the detained person after the release.

(10)Nothing in subsections (7) to (9) requires the host authority to provide to the home authority information which it appears to the host authority that the home authority already have.

(11)In this section any reference to the host authority, in relation to a detained person, includes a reference to any [F120local authority] in whose area the person is expected to be detained.

562GInformation to be provided where statement of special educational needs previously maintained

(1)This section applies in relation to a detained person if, immediately before the beginning of the detention, a [F120local authority] were maintaining a statement under section 324 for the person.

(2)Subsections (3) and (4) apply where the home authority become aware (whether by notice under section 39A(2) of the Crime and Disorder Act 1998 (detention of child or young person: [F121local authorities] to be notified) or otherwise)—

(a)that the person—

(i)has become subject to a detention order, and

(ii)is detained in relevant youth accommodation, or

(b)that the person has been transferred from one place of accommodation to another place of accommodation which is relevant youth accommodation.

(3)If, immediately before the beginning of the detention, the home authority were maintaining the statement, they must send a copy of the statement to the host authority.

(4)If the home authority are or become aware that, immediately before the beginning of the detention, another [F120local authority] were maintaining a statement for the person under section 324, they must notify the host authority—

(a)of that fact, and

(b)of the identity of that other [F120local authority].

(5)The [F120local authority] who, immediately before the beginning of the detention, were maintaining the statement must, on a request by the host authority, send a copy of the statement to the host authority.

(6)Subsections (7) and (8) apply where the person is released from detention in relevant youth accommodation.

(7)The host authority must notify the following of the person's release—

(a)the home authority, and

(b)if different, the authority who, immediately before the beginning of the detention, were maintaining the statement under section 324.

(8)If the home authority are not the authority who, immediately before the beginning of the detention, were maintaining the statement, the host authority must also notify the home authority—

(a)of the fact that immediately before the beginning of the detention a statement was being maintained for the person by a [F120local authority] under section 324, and

(b)of the identity of that authority.

(9)Nothing in this section requires any [F120local authority] to notify another authority of any matter of which the other authority are already aware, or to send a copy of any statement to another authority who already have a copy of it.

562HRelease of detained person appearing to host authority to require assessment

(1)This section applies in relation to the release from detention in relevant youth accommodation of a detained person in relation to whom section 562G does not apply.

(2)Subsection (3) applies where it appears to the host authority that the detained person will, on release, be a child within the meaning of Part 4.

(3)If the host authority are of the opinion that the person has, or may have, special educational needs, they must, on the person's release, notify the home authority of their opinion.

(4)Subsections (5) and (6) apply where, on release, the detained person—

(a)will be over compulsory school age, or

(b)will cease to be of compulsory school age within one year.

(5)If—

(a)the host authority are of the opinion that the person has, or may have, a learning difficulty (within the meaning of section 15ZA (6) and (7)), and

(b)the home authority are a [F120local authority] in England,

the host authority must, on the person's release, notify the home authority of their opinion.

(6)If—

(a)the host authority are of the opinion that the person has, or may have, a learning difficulty (within the meaning of section 41 of the Learning and Skills Act 2000 (assessments relating to learning difficulties: Wales)) and

(b)the home authority are a [F120local authority] in Wales,

the host authority must, on the person's release, notify the Welsh Ministers of their opinion.

Supplementary

562IGuidance

In performing their functions under this Chapter a [F120local authority] must have regard to any guidance issued by the appropriate national authority.

562JInterpretation of Chapter

(1)In this Chapter—

(2)For the purposes of the definition of “beginning of the detention” in subsection (1), it is immaterial whether or not a period of detention is pursuant to a single order.

(3)In determining for the purpose of subsection (1) where a child or young person is ordinarily resident, any period when the person is subject to a detention order is to be disregarded.

(4)Regulations made by the appropriate national authority may make further provision for determining where a person is ordinarily resident for the purpose of that subsection.”

Textual Amendments

Commencement Information

I43S. 50 in force at 1.9.2010 for specified purposes for E. by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

I44S. 50 in force at 1.4.2011 for specified purposes for W. by S.I. 2011/829, art. 2(b)

51Detention of child or young person: [F121local authorities] to be notifiedE+W

After section 39 of the Crime and Disorder Act 1998 (c. 37) insert—

“39ADetention of child or young person: [F121local authorities] to be notified

(1)Subsection (2) applies where a youth offending team becomes aware that—

(a)a child or young person has become subject to a detention order and is detained in relevant youth accommodation, or

(b)a child or young person who is subject to a detention order has been transferred from one place of accommodation to another which is relevant youth accommodation.

(2)The youth offending team must as soon as practicable notify—

(a)the home [F120local authority], and

(b)the host [F120local authority],

of the place where the child or young person is detained.

(3)Subsection (4) applies where a youth offending team becomes aware that a person has been released having immediately before release been—

(a)subject to a detention order, and

(b)detained in relevant youth accommodation.

(4)The youth offending team must as soon as practicable notify the following authorities of the release—

(a)the home [F120local authority];

(b)the host [F120local authority];

(c)any other [F120local authority] in whose area the youth offending team expects the person to live on release.

(5)Nothing in this section requires a youth offending team to notify a [F121local authority] of any matter of which the authority is already aware.

(6)In this section—

and references in this section to a person subject to a detention order and to relevant youth accommodation have the same meanings as they have in the Education Act 1996 (see section 562(1A) of that Act).”

Textual Amendments

Commencement Information

I45S. 51 in force at 1.9.2010 for E. by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

I46S. 51 in force at 1.4.2011 for W. by S.I. 2011/829, art. 2(c)

52Release from detention of child or young person with special educational needsE+W

(1)The Education Act 1996 (c. 56) is amended as follows.

(2)After section 312 insert—

“312AChildren subject to detention

(1)No provision of, or made under, this Part applies in relation to a child who is subject to a detention order and detained in relevant youth accommodation.

(2)The following provisions of this section apply where a child who has been subject to a detention order is released having, immediately before release, been detained in relevant youth accommodation.

(3)Subject to subsection (6), a statement which was maintained for the child by a [F120local authority] under section 324 immediately before the beginning of the detention is, from the child's release, to be treated as being maintained by that authority under section 324.

(4)In subsection (3) “the beginning of the detention” means—

(a)the beginning of the period of detention in relevant youth accommodation, or

(b)where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period.

(5)For the purposes of subsection (4), it is immaterial whether or not a period of detention is pursuant to a single order.

(6)Where, on the child's release, a [F120local authority] (“the new authority”) other than the authority mentioned in subsection (3) (“the old authority”) becomes responsible for the child for the purposes of this Part—

(a)the old authority must transfer the statement to the new authority, and

(b)from the child's release, the statement is to be treated as being maintained by the new authority under section 324.”

(3)In section 328(5) (reviews of educational needs), at the end of paragraph (a) (but before “and”) insert—

“(aa)where the child concerned—

(i)has been subject to a detention order, and

(ii)immediately before release was detained in relevant youth accommodation,

on the child's release from detention,”.

Commencement Information

I47S. 52 in force at 1.9.2010 for E. by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

I48S. 52 in force at 1.4.2011 for W. by S.I. 2011/829, art. 2(d)

Transport in EnglandE+W

53Provision of transport etc for persons of sixth form age: duty to have regard to section 15ZA dutyE+W

In section 509AB(3) of the Education Act 1996 (c. 56) (provision of transport etc for persons of sixth form age in England: matters to which [F121local authorities] must have regard) after paragraph (b) insert—

“(ba)what they are required to do under section 15ZA(1) in relation to persons of sixth form age,”.

Textual Amendments

Commencement Information

I49S. 53 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

54Transport policy statements for persons of sixth form age: consultationE+W

In section 509AB(6) of the Education Act 1996 (people to be consulted when preparing transport policy statements for persons of sixth form age in England), in paragraph (c), before “and” insert—

“(ca)persons in the [F120 local authority]'s area who will be of sixth form age when the statement has effect, and their parents,”.

Commencement Information

I50S. 54 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 8-11)

55Transport policy statements for persons of sixth form age: content and publicationE+W

(1)In section 509AB of the Education Act 1996 (provision about transport policy statements for persons of sixth form age in England), after subsection (7) insert—

“(7A)In preparing and publishing a statement under section 509AA, a [F120local authority] must have regard (among other things) to the need to—

(a)include in the statement sufficient information about the matters that the statement must specify, and

(b)publish the statement in time,

to enable persons who will be of sixth form age when the statement has effect and their parents to take reasonable account of those matters when choosing between different establishments at which education or training is provided.”

(2)In section 509AA(10) of that Act (time by which transport policy statements for persons of sixth form age in England must be published) for “by substituting a different date for 31st May” substitute “ to change the time by which the statement must be published ”.

Commencement Information

I51S. 55 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch. (with art. 3)

56Complaints about transport arrangements etc for persons of sixth form ageE+W

(1)The Education Act 1996 is amended as follows.

(2)After section 509AD ([F121local authorities] in England: duty to have regard to religion or belief in exercise of travel functions) insert— 

“509AE Complaints about transport arrangements etc for persons of sixth form age in England

(1)A [F120local authority] may revise a statement prepared under section 509AA to change the arrangements specified under subsection (2) or (3) of that section if, as a result of a sixth form transport complaint, they have come to consider the change necessary for the purpose of the arrangements specified under the subsection in question.

(2)A [F120local authority] must revise a statement prepared under section 509AA to change the arrangements specified under subsection (2) or (3) of that section if, as a result of a sixth form transport complaint, the Secretary of State has directed them to do so.

(3)An authority that revise a statement under subsection (1) or (2) must publish the revised statement and a description of the revision as soon as practicable.

(4)The Secretary of State need not consider whether to exercise any power under sections 496 to 497A (powers to prevent unreasonable exercise of functions, etc), section 509AA(9) (power to require [F120local authority] to make additional transport arrangements), or subsection (2) of this section in response to a matter that is, or could have been, the subject of a sixth form transport complaint made to him or her unless satisfied that—

(a)the matter has been brought to the notice of the [F120local authority] concerned, and

(b)the authority have had a reasonable opportunity to investigate the matter and respond.

(5)In this section “sixth form transport complaint” means a complaint that is—

(a)about a [F120local authority]'s exercise of, or failure to exercise, a function under sections 509AA to 509AD in relation to persons of sixth form age, and

(b)made by a person who is, or will be, a person of sixth form age when the matter complained of has effect, or by a parent of such a person,

and “sixth form age” is to be construed in accordance with section 509AC(1).

(6)For the purposes of sections 509AA(8) and (9), 509AB(1) to (5), 509AC and 509AD, the revision of a statement under this section is to be treated as the preparation of a statement under section 509AA.

(7)Where a [F120local authority] have published in a single document a statement prepared under section 508G and a statement prepared under 509AA, the requirement to publish a revised statement under subsection (3) is to be treated as a requirement to publish a version of the document that includes the revised statement.”

(3)In section 509AA (provision of transport etc for persons of sixth form age), at the end insert—

“(11)Subsection (9) is subject to section 509AE (complaints about transport arrangements etc for persons of sixth form age in England).”

Textual Amendments

Commencement Information

I52S. 56 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch. (with art. 3)

57[F121Local authorities] in England: provision of transport etc for adult learnersE+W

(1)The Education Act 1996 (c. 56) is amended as follows.

(2)After section 508E ([F121Local authorities] in England: school travel schemes) insert—

“508F[F121“Local authorities] in England: provision of transport etc for adult learners

(1)A [F120local authority] in England must make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purposes mentioned in subsections (2) and (3).

(2)The first purpose is to facilitate the attendance of adults receiving education at institutions—

(a)maintained or assisted by the authority and providing further or higher education (or both), or

(b)within the further education sector.

(3)The second purpose is to facilitate the attendance of relevant young adults receiving education or training at institutions outside both the further and higher education sectors, but only in cases where the [F120local authority] have secured for the adults in question—

(a)the provision of education or training at the institution in question, and

(b)the provision of boarding accommodation under section 514A.

(4)Any transport provided under subsection (1) must be provided free of charge.

(5)In considering what arrangements it is necessary to make under subsection (1) in relation to relevant young adults, a [F120local authority] must have regard to what they are required to do under section 15ZA(1) in relation to those persons.

(6)In considering whether they are required by subsection (1) to make arrangements in relation to a particular adult, a [F120local authority] must have regard (among other things) to the age of the adult and the nature of the route, or alternative routes, which the adult could reasonably be expected to take.

(7)Arrangements made under subsection (1) by virtue of subsection (3) to facilitate full-time education or training at an institution outside both the further and higher education sectors must be no less favourable than the arrangements made for relevant young adults of the same age for whom the authority secure the provision of education at another institution.

(8)A [F120local authority] in England may pay all or part of the reasonable travelling expenses of an adult—

(a)receiving education or training at an institution mentioned in subsection (2) or (3), and

(b)for whose transport no arrangements are made under subsection (1).

(9)In this section—

508G[F121Local authorities] in England: transport policy statements etc for young adults subject to learning difficulty assessment

(1)A [F120local authority] in England making arrangements, or proposing to pay travelling expenses, under section 508F in relation to relevant young adults must consult—

(a)any other [F120local authority] that they consider it appropriate to consult,

(b)governing bodies of institutions within the further education sector in the authority's area,

(c)persons in the [F120local authority]'s area who will be relevant young adults when the arrangements or payments have effect, and their parents,

(d)the Secretary of State, and

(e)any other person specified by the Secretary of State.

(2)The authority must prepare for each academic year a transport policy statement complying with the following requirements.

(3)The statement must specify any transport or other arrangements, and any payment of travelling expenses, made or to be made in relation to the year under section 508F in relation to relevant young adults.

(4)The statement must also specify any travel concessions (within the meaning of Part 5 of the Transport Act 1985) which are to be provided under any scheme established under section 93 of that Act to relevant young adults receiving education or training at an institution mentioned in subsection (2) or (3) of section 508F.

(5)The authority must publish the statement by the end of May in the year in which the relevant academic year begins.

(6)In preparing and publishing the statement, the authority must have regard (among other things) to the need to—

(a)include in the statement sufficient information about the matters that the statement must specify, and

(b)publish the statement in time,

to enable relevant young adults and their parents to take reasonable account of those matters when choosing between different institutions at which education or training is provided.

(7)The publication of a statement under this section in relation to an academic year does not prevent an authority from—

(a)making additional arrangements or payments under section 508F in relation to the academic year, or

(b)providing additional travel concessions in relation to the academic year.

(8)The Secretary of State may amend subsection (5) by order to change the time by which the statement must be published.

(9)In this section—

508HGuidance: sections 508F and 508G

In making arrangements under section 508F(1) and preparing and publishing a statement under section 508G, a [F120local authority] must have regard to any guidance issued by the Secretary of State under this section.

508IComplaints about transport arrangements etc for young adults subject to learning difficulty assessment: England

(1)A [F120local authority] may revise a statement prepared under section 508G to change any matter specified under subsection (3) of that section if, as a result of a relevant young adult transport complaint, they have come to consider the change necessary for a purpose mentioned in section 508F(2) or (3).

(2)A [F120local authority] must revise a statement prepared under section 508G to change any matter specified in subsection (3) of that section if, as a result of a relevant young adult transport complaint, the Secretary of State has directed them to do so.

(3)An authority that revise a statement under subsection (1) or (2) must publish the revised statement and a description of the revision as soon as practicable.

(4)The Secretary of State need not consider whether to exercise any power under sections 496 to 497A (powers to prevent unreasonable exercise of functions, etc) or subsection (2) of this section in response to a matter that is, or could have been, the subject of a relevant young adult transport complaint made to him or her unless satisfied that—

(a)the matter has been brought to the notice of the [F120local authority] concerned, and

(b)the authority have had a reasonable opportunity to investigate the matter and respond.

(5)In this section “relevant young adult transport complaint” means a complaint that is—

(a)about a [F120local authority]'s exercise of, or failure to exercise, a function under section 508F or 508G in relation to relevant young adults, and

(b)made by a person who is, or will be, a relevant young adult when the matter complained of has effect, or by a parent of such a person,

and “relevant young adult” has the meaning given in section 508F.

(6)For the purposes of sections 508G(7) and 508H, the revision of a statement under this section is to be treated as the preparation of a statement under section 508G.

(7)Where a [F120local authority] have published in a single document a statement prepared under section 509AA and a statement prepared under 508G, the requirement to publish a revised statement under subsection (3) is to be treated as a requirement to publish a version of the document that includes the revised statement.”

(3)In section 509AD(2) ([F121Local authorities] in England: duty to have regard to religion or belief in exercise of travel functions) for the entry relating to section 508F substitute—

“section 508F ([F121Local authorities] in England: provision of transport etc for adult learners);”.

(4)Section 509 (provision of transport etc) ceases to have effect.

(5)Section 81 of the Education and Inspections Act 2006 (c. 40) ([F121Local authorities] in England: provision of transport etc for certain adult learners) ceases to have effect.

Textual Amendments

Commencement Information

I53S. 57 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 8-11)

Powers in respect of non-maintained schoolsE+W

58Power of [F121local authorities] to arrange provision of education at non-maintained schoolsE+W

(1)The following provisions cease to have effect—

(a)section 128 of the School Standards and Framework Act 1998 (c. 31), and

(b)paragraph 64 of Schedule 30 to that Act.

(2)Accordingly, sections 16 and 18 of the Education Act 1996 (c. 56) (powers of [F121local authorities] to assist, and arrange provision of education at, non-maintained schools) continue to have effect as if the provisions mentioned in subsection (1) had never been enacted.

Textual Amendments

GeneralE+W

59Minor and consequential amendmentsE+W

Schedule 2 contains minor and consequential amendments relating to the provision made by this Part.

Commencement Information

I54S. 59 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch.

I55S. 59 in force at 1.4.2010 for specified purposes by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

I56S. 59 in force at 1.9.2010 in so far as not already in force by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

Part 3U.K.The Young People's Learning Agency for England

Chapter 1E+WEstablishment

F13860The Young People's Learning Agency for EnglandE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Chapter 2U.K.Main functions

FundingE+W

F13861Provision of financial resourcesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F13862Financial resources: conditionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F13863

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F13864Means testsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F13865Prohibition on chargingE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Securing provision of education and trainingE+W

F13866Securing provision of education and trainingE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F13867Intervention for purpose of securing provision of education and trainingE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Provision of services and assistanceU.K.

F13868Provision of servicesU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F13869Assistance with respect to employment and trainingE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F13870Assistance with respect to employment and training: Northern IrelandE+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

MiscellaneousE+W

F13871Research, information and adviceE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F138[F13971A.]Assistance etc. in relation to functions of the principal regulatorE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F13872Guidance by YPLAE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F13873Intervention powers: policy statementE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F13874Power to confer supplementary functions on YPLAE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Chapter 3E+WYPLA's functions: supplementary

F13875Directions by Secretary of StateE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F13876Guidance by Secretary of StateE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Chapter 4E+WAcademy agency arrangements

F13877Academy agency arrangementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F13878Grants for purposes of Academy agency arrangements functionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

F13879Academy agency arrangements: information sharingE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Chapter 5E+WGeneral

F13880Interpretation of PartE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Ss. 60-80 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 66, 82(3); S.I. 2012/924, art. 2

Part 4U.K.[F140Apprenticeships and adult education and training: role of Secretary of State]

Textual Amendments

F140Pt. 4 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(a)

Chapter 1E+W[F141Apprenticeships and adult education and training]

Textual Amendments

F141Pt. 4 Ch. 1 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(b)

F142...E+W

Textual Amendments

F142S. 81 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 2

F14281The Chief Executive of Skills FundingE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F143...E+W

Textual Amendments

F143S. 82 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 3

F14382Apprenticeship functionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Apprenticeship training for persons aged 16 to 18 and certain young adultsE+W

83[F144Power to secure provision of apprenticeship training]E+W

(1)The [F145Secretary of State] may secure the provision of facilities for suitable apprenticeship training for persons—

(a)who are over compulsory school age but under 19, or

(b)who are aged 19 or over but under 25 and [F146for whom an EHC plan is maintained] .

(2)In deciding for the purposes of subsection (1) whether apprenticeship training is suitable for persons for whom facilities are provided, the [F145Secretary of State] must have regard (in particular) to—

(a)the persons' ages, abilities and aptitudes,

(b)any [F147special educational needs] the persons may have,

(c)the quality of the training,

(d)the locations and times at which the training is provided.

(3)In exercising the power conferred by subsection (1), the [F145Secretary of State] must have regard (in particular) to the desirability of—

(a)encouraging diversity of apprenticeship training available to persons;

(b)increasing opportunities for persons to exercise choice;

(c)enabling persons to whom Part 1 of the Education and Skills Act 2008 (c. 25) applies to fulfil the duty imposed by section 2 of that Act (duty to participate in education or training).

F148(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In this Part “apprenticeship training” means training provided in connection with—

[F149(a)an approved English apprenticeship, or

(b)any contract of service (other than an approved English apprenticeship agreement) or contract of apprenticeship.]

Textual Amendments

F145Words in s. 83(1)-(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 4

F149S. 83(5)(a)(b) substituted for s. 83(5)(a)-(c) (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 17; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

Commencement Information

I57S. 83 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

[F15083AThe apprenticeship offerE+W

(1)The [F151Secretary of State] must secure the provision of proper facilities for apprenticeship training that is suitable to the requirements of persons who—

(a)are within subsection (4), (5) or (6), and

(b)have an apprenticeship opportunity.

This is subject to section 83B (limit on scope of apprenticeship offer).

(2)The duty imposed by subsection (1) is referred to in this section and section 83B as “the apprenticeship offer”.

(3)An apprenticeship opportunity is an [F152opportunity to enter into an approved English apprenticeship.]

(4)A person within this subsection is one who is over compulsory school age but under 19.

(5)A person within this subsection is one who is not within subsection (4) and—

(a)is a person aged under [F15325] towards whom a local authority in England has the duties provided for in section 23C [F154or 23CZB] of the Children Act 1989 (continuing functions in relation to certain formerly looked after children), or

(b)is a person to whom section 23CA of that Act applies (further assistance for certain formerly looked after children aged under 25), in relation to whom a local authority in England is the responsible local authority (within the meaning of that section).

(6)A person within this subsection is one who—

(a)is not within subsection (4), and

(b)is of a prescribed description.

(7)If regulations under subsection (6)(b) describe a person by reference to an age or an age range, the age, or the upper age of the age range, must be less than 25.

(8)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.

(9)Section 83(2) and (3) (when apprenticeship training is suitable, and matters to which [F155Secretary of State] must have regard) apply for the purposes of the apprenticeship offer.

F156(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F157(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)The Secretary of State may by order amend this section for the purpose of changing the descriptions of persons to whom the apprenticeship offer applies.

Textual Amendments

F150Ss. 83A, 83B inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 69(2), 82(3); S.I. 2012/1087, art. 3

F151Words in s. 83A(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 5(2)

F152Words in s. 83A(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 18(a); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F155Words in s. 83A(9) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 5(2)

F156S. 83A(10) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 5(3)

83BLimit on scope of the apprenticeship offerE+W

(1)The [F158Secretary of State] is not required by the apprenticeship offer to secure the provision of facilities for apprenticeship training [F159for the purpose of assisting a person to achieve a particular approved apprenticeship standard if the person—

(a)has already completed an approved English apprenticeship by achieving that standard,

(b)has already completed an approved English apprenticeship by achieving another standard and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work), or

(c)has worked under another arrangement and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work).]

[F160(1A)Section A1(6) and (7) (which make provision about when a person completes an approved English apprenticeship and about the meaning of “approved apprenticeship standard”) apply for the purposes of subsection (1).]

F161(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F161(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F161(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F161(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F150Ss. 83A, 83B inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 69(2), 82(3); S.I. 2012/1087, art. 3

F158Words in s. 83B(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 6

F159Words in s. 83B(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 19(2); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F161Ss. 83B(2)-(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 19(4); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F16284Arrangements and co-operation with [F121local authorities]E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F162S. 84 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 7

F16485 [F163Provision of apprenticeship training etc for persons within section 83 or 83A] E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F163S. 85 heading substituted (1.9.2012) by Education Act 2011 (c. 21), ss. 70(2)(d), 82(3); S.I. 2012/1087, art. 3

F164S. 85 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 8

Education and training for persons aged 19 or over etc.E+W

86Education and training for persons aged 19 or over and others subject to adult detentionE+W

(1)[F165The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate] for—

(a)education suitable to the requirements of persons who are aged 19 or over, other than persons aged under 25 [F166for whom an EHC plan is maintained],

(b)education suitable to the requirements of persons who are subject to adult detention, and

(c)training suitable to the requirements of persons within paragraphs (a) and (b).

(2)This section does not apply to the provision of facilities to the extent that section [F16783A or] 87 applies to the provision of those facilities.

F168(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the purposes of this section a reference to the provision of facilities for education or training (except so far as relating to facilities for persons subject to adult detention) includes a reference to the provision of facilities for organised leisure-time occupation in connection with education or (as the case may be) training.

(6)For the purposes of this section—

(7)In this Part, “organised leisure-time occupation” means leisure-time occupation, in such organised cultural training and recreational activities as are suited to the requirements of persons who fall within subsection (1)(a) or (b), for any such persons who are able and willing to profit by facilities provided for that purpose.

F170(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F165Words in s. 86(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 9(2)

F167Words in s. 86(2) inserted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 7; S.I. 2012/1087, art. 3

F168S. 86(3) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 9(3)

F169S. 86(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 9(3)

F170S. 86(8) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 9(3)

Modifications etc. (not altering text)

C20S. 86: transfer of functions (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), 6(1)(a)(2)(3) (with art. 8)

Commencement Information

I58S. 86 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

87Learning aims for persons aged 19 or over: provision of facilitiesE+W

(1)[F171The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate] for relevant education or training for persons falling within subsection (3) which is suitable to their requirements.

(2)Relevant education or training is education or vocational training provided by means of a course of study for a qualification to which paragraph 1 of Schedule 5 applies.

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

(a)are aged 19 or over, and are not persons aged under 25 [F172for whom an EHC plan is maintained],

(b)do not have the qualification in question or one (including one awarded by a person outside England) which appears to the [F173Secretary of State] to be at a comparable or higher level, and

(c)satisfy such conditions as may be specified in regulations.

F174(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F175(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)For the purposes of this section—

Textual Amendments

F171Words in s. 87(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 10(2)

F173Words in s. 87(3)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 10(3)

F174S. 87(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 10(4)

F175S. 87(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 10(4)

Modifications etc. (not altering text)

C31S. 87: transfer of functions (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), 6(1)(b)(2)(3) (with art. 8)

Commencement Information

I59S. 87 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

88Learning aims for persons aged 19 or over: payment of tuition feesE+W

(1)Functions under this Part must be exercised by the [F176Secretary of State] so as to secure that a course of study for a qualification to which [F177paragraph [F1781(a), (b) or (ba)]] of Schedule 5 applies is free to a person falling within subsection (2) if it is provided for the person by virtue of facilities whose provision is secured under section 87.

(2)A person falls within this subsection if, at the time of starting the course in question, the person—

(a)is aged 19 or over,

(b)does not have the qualification in question or one (including one awarded by a person outside England) which appears to the [F179Secretary of State] to be at a comparable or higher level, and

(c)satisfies such conditions as may be specified in regulations.

[F180(2A)Functions under this Part must be exercised by the [F181Secretary of State] so as to secure that a course of study for a qualification to which paragraph 1(c) of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 87.]

(3)Functions under this Part must be exercised by the [F182Secretary of State] so as to secure that a course of study for a qualification to which paragraph 2 of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 86.

(4)A person falls within this subsection if, at the time of starting the course in question, the person—

(a)is aged at least 19 but less than [F18324 ],

(b)does not have the qualification in question or one (including one awarded by a person outside England) which appears to the [F184Secretary of State] to be at a comparable or higher level, and

(c)satisfies such conditions as may be specified in regulations.

(5)The Secretary of State may by order—

(a)amend subsection (2)(a) by substituting a different age for the age for the time being referred to;

(b)amend subsection (4)(a) by substituting a different age for either of the ages for the time being referred to.

(6)For the purposes of this section, a course is free to a person if no tuition fees in respect of the provision of the course for the person are payable by a person other than—

(a)the [F185Secretary of State], or

(b)a body specified by order by the Secretary of State for the purposes of this section.

(7)In subsection (6) “tuition fees”, in relation to a course, means—

(a)the fees charged in respect of the course by the person providing it, and

(b)such fees in respect of other matters relating to the course (such as undergoing a preliminary assessment or sitting an examination) as may be specified in regulations.

Textual Amendments

F176Words in s. 88(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11

F177Words in s. 88(1) substituted (1.8.2012) by Education Act 2011 (c. 21), ss. 73(2)(a), 82(3); S.I. 2012/1087, art. 2

F178Words in s. 88(1) substituted (1.8.2020) by Digital Economy Act 2017 (c. 30), ss. 114(2), 118(6); S.I. 2020/70, reg. 2

F179Words in s. 88(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11

F181Words in s. 88(2A) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11

F182Words in s. 88(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11

F183Word in s. 88(4)(a) substituted (1.8.2012 for specified purposes, 1.8.2013 in so far as not already in force) by Education Act 2011 (c. 21), ss. 73(2)(c), 82(3); S.I. 2012/1087, art. 2; S.I. 2012/2213, art. 4

F184Words in s. 88(4) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11

F185Words in s. 88(6)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11

Modifications etc. (not altering text)

C41S. 88: transfer of functions (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), 6(1)(c)(2)(3) (with art. 8)

Commencement Information

I60S. 88 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

89Sections 87 and 88: supplementaryE+W

(1)Regulations may make provision as to circumstances in which—

(a)despite having a specified qualification, a person is to be treated for the purposes of section 87 or 88 as not having that qualification;

(b)despite not having a specified qualification, a person is to be treated for any of those purposes as having that qualification.

(2)A condition specified in regulations under section 87 or 88 may, in particular, relate to—

(a)the possession, or lack, of a specified qualification;

(b)the completion of, or failure to complete, a course for a specified qualification.

(3)A reference in subsection (1) or (2) to a specified qualification is to a qualification specified, or of a description specified, in the regulations.

(4)Regulations under this section, or under section 87 or 88, may confer a function (which may relate to the administration of an assessment and may include the exercise of a discretion) on a person specified, or of a description specified, in the regulations.

(5)Nothing in section 87 or 88 applies to the provision of facilities, or to courses of study, for persons subject to adult detention.

(6)Part 2 of Schedule 5 makes further provision for the purposes of sections 87 and 88.

Commencement Information

I61S. 89 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

90Encouragement of education and training for persons aged 19 or over and others subject to adult detentionE+W

(1)The [F186Secretary of State] must—

(a)encourage participation by persons within section 86(1)(a) and (b) in education and training within the [F187Secretary of State's remit under this Part];

(b)encourage employers to participate in the provision of education and training within the [F187Secretary of State's remit under this Part] for persons within section 86(1)(a);

(c)encourage employers to contribute to the costs of education and training within the [F187Secretary of State's remit under this Part] for such persons.

(2)For the purposes of subsection (1)(b), participating in the provision of training includes participating by entering into—

[F188(a)an approved English apprenticeship, or

(b)any contract of employment (other than an approved English apprenticeship agreement) in connection with which training is provided.]

Textual Amendments

F186Words in s. 90(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 12(a)

F187Words in s. 90(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 12(b)

Modifications etc. (not altering text)

C46S. 90 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)

C52S. 90 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)

C54S. 90 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)

C59S. 90: 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)(a)(2)(3) (with art. 8)

C62S. 90: 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

I62S. 90 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Prospective

The apprenticeship offerE+W

F18991Duty to secure availability of apprenticeship placesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18992Election for apprenticeship offerE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18993Meaning of “apprenticeship place”E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18994Suitability and availability of apprenticeship places: further provisionE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18995Apprenticeship offer requirementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18996Apprenticeship offer requirements: interpretationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18997Suspension of offerE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18998Power to amend apprenticeship offerE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18999Apprenticeship offer: interpretationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Chapter 2U.K.[F190Provision of services to other bodies]

Textual Amendments

F190Pt. 4 Ch. 2 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(c)

FundingE+W

100Provision of financial resourcesE+W

(1)The [F191Secretary of State] may secure the provision of financial resources [F192under this subsection] to—

(a)persons providing or proposing to provide education or training within the [F193Secretary 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;

F194(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;

F195(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).

[F196(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 [F197English statutory apprenticeships] or to undertake work following the completion of such apprenticeships, or

(b)otherwise in connection with [F197English statutory apprenticeships].]

[F198(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.]

[F199(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.]

[F200(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.]

F201(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F202The 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 [F203Secretary of State]).

(4)[F204The 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 [F205this section—

“approved steps towards occupational competence” has the meaning given by section [F206A2D4];

“approved technical education qualification” has the meaning given by section [F207A12(1)];]

[F208“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;]

[F209“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

F191Words in s. 100(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(2)(a)

F192Words 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)

F193Words 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)

F194S. 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)

F195S. 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

F196S. 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)

F197Words 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)

F201S. 100(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(3)

F203Words 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)

F206Word 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)

F207Word 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)

Modifications etc. (not altering text)

C73S. 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)

C74S. 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)

C75S. 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)

C76S. 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)

C78S. 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)

C80S. 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)

C81S. 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

I63S. 100 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

101Financial resources: conditionsE+W

(1)Financial resources provided [F210by the Secretary of State under section 100] may be provided subject to conditions [F211, subject to section 101A].

(2)The conditions may [F212(among other things)] include—

(a)information conditions;

F213(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)repayment conditions.

(3)Information conditions are conditions which—

(a)require the [F214Secretary of State], or a person designated by the [F214Secretary 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 [F215Secretary of State] such information as the [F215Secretary of State] may request for the purpose of carrying out [F216functions under this Part].

F217(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F218(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Repayment conditions are conditions which—

(a)enable the [F219Secretary of State] to require the repayment (in whole or part) of sums paid by the [F219Secretary 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 [F220Secretary of State] in accordance with any condition is unpaid.

Textual Amendments

F210Words in s. 101(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(2)

F212Words 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)

F213S. 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)

F214Words 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)

F215Words 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)

F216Words 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)

F217S. 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)

F218S. 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)

F219Words 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)

F220Words 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)

C88S. 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))

Commencement Information

I64S. 101 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

[F221101AFinancial resources: welfareE+W

(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

102Performance assessmentsE+W

(1)The [F222Secretary of State] may adopt or develop schemes for the assessment of the performance of persons in providing education or training within the [F223Secretary of State's remit under this Part] .

(2)The [F224Secretary of State] may take the assessments into account in deciding how to exercise the powers under section 100.

Textual Amendments

F222Words in s. 102(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 15(2)(a)

F223Words in s. 102(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 15(2)(b)

F224Words 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

I65S. 102 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

103Means testsE+W

(1)[F225For 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.

F226(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F225Words in s. 103(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 16(2)

F226S. 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)

Commencement Information

I66S. 103 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Apprenticeships: generalE+W

F227104Assistance and support in relation to apprenticeship placesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F228105Promoting progression from level 2 to level 3 apprenticeshipsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I67S. 105 in force at 6.4.2011 by S.I. 2011/200, art. 3

F229106Advice and assistance in relation to apprenticeshipsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F229S. 106 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 18

Provision of services and assistanceU.K.

107Provision of servicesU.K.

(1)The [F230Secretary of State] may make arrangements with a permitted recipient for the provision by the [F230Secretary of State] of services that are required by the permitted recipient in connection with the exercise of the recipient's functions relating to education or training.

(2)The services that may be provided under arrangements made under subsection (1) include—

(a)providing accommodation and other facilities to a permitted recipient or managing such facilities on behalf of a permitted recipient;

(b)procuring, or assisting in procuring, goods and services for use by a permitted recipient.

(3)The terms and conditions upon which the arrangements are made may include provision for making payments to the [F231Secretary of State] in respect of expenditure incurred by the [F231Secretary of State] in performing any function under the arrangements.

(4)In this section “permitted recipient” means—

F232(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the Welsh Ministers;

(c)the Scottish Ministers;

(d)a Northern Ireland department;

F233(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)a person, wholly or partly funded from public funds, who has functions relating to education or training;

(g)any other person specified, or of a description specified, by order made by the appropriate national authority for the purposes of this section.

F234(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Before making arrangements under which it may provide services to a permitted recipient who falls within paragraph (a), (e), (f) or (g) of subsection (4) in connection with the exercise of the recipient's functions relating to education or training provided in Wales, Scotland or Northern Ireland, the [F235Secretary of State] must obtain—

(a)in relation to education or training provided in Wales, the consent of the Welsh Ministers;

(b)in relation to education or training provided in Scotland, the consent of the Scottish Ministers;

(c)in relation to education or training provided in Northern Ireland, the consent of the Minister for Employment and Learning in Northern Ireland.

(7)Consent may be given under subsection (5) or (6) in relation to particular arrangements or arrangements of a particular description.

(8)“The appropriate national authority” means—

(a)in relation to a person exercising functions relating only to education or training provided in Wales, the Welsh Ministers;

(b)in relation to a person exercising functions relating only to education or training provided in Scotland, the Scottish Ministers;

(c)in relation to a person exercising functions relating only to education or training provided in Northern Ireland, the Department for Employment and Learning in Northern Ireland;

(d)in any other case, the Secretary of State.

Textual Amendments

F230Words in s. 107(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(2)

F231Words in s. 107(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(2)

F232S. 107(4)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(3)

F233S. 107(4)(e) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 47; S.I. 2012/924, art. 2

F234S. 107(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(4)

F235Words in s. 107(6) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 19(5)

Commencement Information

I68S. 107 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

F236108Assistance with respect to employment and trainingE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F236S. 108 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 20

F237109Assistance with respect to employment and training: Northern IrelandE+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F237S. 109 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 20

F238...E+W

Textual Amendments

F238S. 110 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 21

F238110Research, information and adviceE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F239111Power to confer supplementary functions on Chief ExecutiveE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F239S. 111 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 22

Chapter 3E+WF240... supplementary

Textual Amendments

F240Words in Pt. 4 Ch. 3 title omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(d)

StrategiesE+W

F241112Strategies for functions of Chief ExecutiveE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F241Ss. 112-114 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 73(3), 82(3); S.I. 2012/924, art. 2

F241113

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F241Ss. 112-114 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 73(3), 82(3); S.I. 2012/924, art. 2

F241114Strategies: duty of Chief ExecutiveE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F241Ss. 112-114 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 73(3), 82(3); S.I. 2012/924, art. 2

OtherE+W

115Persons with [F242special educational needs] E+W

(1)The [F243Secretary of State] must, in performing [F244functions under this Part], have regard to the needs of persons with [F245special educational needs] to whom this section applies.

(2)This section applies to—

(a)persons who are aged 19 or over, other than persons aged under 25 [F246for whom an EHC plan is maintained], and

(b)persons who are subject to adult detention.

F247(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F248(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F243Words in s. 115(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 23(a)

F244Words in s. 115(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 23(b)

Modifications etc. (not altering text)

Commencement Information

I69S. 115 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

116Persons subject to adult detentionE+W

The [F249Secretary of State] must, in performing [F250functions under this Part] , have regard to the needs of persons subject to adult detention.

Textual Amendments

F249Words in s. 116 substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 24(a)

F250Words in s. 116 substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 24(b)

Commencement Information

I70S. 116 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

F251117Use of information by Chief ExecutiveE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F251Ss. 117-120 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 25

F251118GuidanceE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F251Ss. 117-120 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 25

F251118ADirections: consultationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F251Ss. 117-120 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 25

F251119Directions: funding of qualificationsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F251Ss. 117-120 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 25

F251120Other directions relating to functions of the officeE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F251Ss. 117-120 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 25

Chapter 4E+WGeneral

[F252120ATerritorial application of PartE+W

The functions of the Secretary of State under this Part, other than the functions conferred by section 107, are exercisable in relation to England only.]

Textual Amendments

121Interpretation of PartE+W

(1)In this Part—

(2)In this Part a reference to education within [F260the Secretary of State's remit under this Part] is a reference to—

(a)education falling within section 86(1)(a) or (b), and

(b)organised leisure-time occupation in connection with such education.

(3)In this Part a reference to training within [F261the Secretary of State's remit under this Part] is a reference to—

(a)training falling within section 83(1),

[F262(aa)training falling within section 83A(1),]

(b)training falling within section 86(1)(c), and

(c)organised leisure-time occupation in connection with training falling within section 86(1)(c).

(4)For the purposes of this Part a person is subject to adult detention if the person is subject to a detention order and—

(a)aged 19 or over, or

(b)aged under 19 and detained in—

(i)a young offender institution, or part of such an institution, that is used wholly or mainly for the detention of persons aged 18 and over, or

(ii)a prison.

Textual Amendments

F253Words in s. 121(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 22(a); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F258Words in s. 121(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 27(2)

F260Words in s. 121(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 27(3)

F261Words in s. 121(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 27(3)

Modifications etc. (not altering text)

Commencement Information

I71S. 121 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Part 5E+WParts 2 to 4: supplementary

InformationE+W

122Sharing of information for education and training purposesE+W

(1)A person within subsection (3) may provide information to another person within that subsection, or a person within subsection (4), for the purpose of enabling or facilitating the exercise of any relevant function.

(2)A person within subsection (4) may provide information to a person within subsection (3) for the purpose of enabling or facilitating the exercise of any relevant function.

(3)The persons within this subsection are—

F263(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the [F264Secretary of State];

F265(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F266(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F267(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)a person providing services to [F268the Secretary of State]

[F269(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;]

[F270(fc)a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

(fd)a person providing services to a combined county authority;]

[F271(g)the [F272Institute for Apprenticeships and Technical Education]].

(4)The persons within this subsection are—

(a)a [F120local authority] in England;

(b)a person providing services to a [F120local authority] in England [F273in connection with its education functions].

(5)In subsections (1) and (2), “relevant function” means—

F274(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)any function of the [F275Secretary of State relating to education or training], F276...

(ba)any function of [F277the Institute for Apprenticeships and Technical Education], F278...

(c)any education function of a local authority in England, F279...

[F280(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] [F281, or

(e)any function of a combined authority under Part 4 that is exercisable by it by virtue of regulations made under section 19(1) of the Levelling-up and Regeneration Act 2023.]

other than a function under this section.

F282(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Nothing in this section—

(a)affects any power to disclose information that exists apart from this section, or

(b)authorises the disclosure of any information in contravention of any provision made by or under any Act which prevents disclosure of the information.

Textual Amendments

F263S. 122(3)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 28(a)

F264Words in s. 122(3)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 48(2); S.I. 2012/924, art. 2

F265S. 122(3)(c) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 28(a)

F266S. 122(3)(d) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 28(a)

F267S. 122(3)(e) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 28(a)

F268Words in s. 122(3)(f) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 28(b)

F274S. 122(5)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 28(c)

F275Words in s. 122(5)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 48(3); S.I. 2012/924, art. 2

F276Word in s. 122(5)(b) omitted (1.4.2017) by virtue of Enterprise Act 2016 (c. 12), s. 44(5), Sch. 4 para. 7(b)(i); S.I. 2017/346, reg. 2(a)

F277Words in s. 122(5)(ba) substituted (30.9.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 12(8), 36(3); S.I. 2022/965, reg. 3(7) (with regs. 4, 5)

F279Word in s. 122(5)(c) omitted (26.12.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 196(3)(a) (with s. 247)

F282S. 122(6) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 28(d)

Commencement Information

I72S. 122 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

The Learning and Skills Council for EnglandE+W

123Dissolution of the Learning and Skills Council for EnglandE+W

(1)The Learning and Skills Council for England ceases to exist on the day on which this section comes into force.

(2)Schedule 6 contains minor and consequential amendments in relation to the dissolution of the Learning and Skills Council for England.

Commencement Information

I73S. 123 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 13, 14) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

124Dissolution of the Learning and Skills Council: transfer schemesE+W

Schedule 7 contains provision about schemes for the transfer of staff, property, rights and liabilities from the Learning and Skills Council for England to other persons.

Commencement Information

I74S. 124 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Part 6E+WThe sixth form college sector

125Sixth form college sectorE+W

Schedule 8 makes provision about the sixth form college sector.

Commencement Information

I75S. 125 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch.

I76S. 125 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

126Removal of power to establish sixth form schoolsE+W

(1)In section 16 of the Education Act 1996 (c. 56) (power to establish etc. primary and secondary schools) after subsection (3) insert—

“(3A)A [F120local authority] in England may not under subsection (1) establish a school which is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under 19.”

(2)The Education and Inspections Act 2006 (c. 40) is amended as follows.

(3)In section 7 (invitation for proposals for establishment of new schools) after subsection (5) insert—

“(5A)A [F120local authority] may not publish under this section proposals within subsection (5)(b) for the establishment of a school providing education suitable only to the requirements of persons above compulsory school age.”

(4)In section 10 (publication of proposals with consent of Secretary of State) in subsection (1)(a) after “school” insert “ , other than one providing education suitable only to the requirements of persons above compulsory school age ”.

(5)In section 11 (publication of proposals to establish maintained schools: special cases) omit subsections (1)(b) and (2)(a).

Textual Amendments

Commencement Information

I77S. 126 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

Part 7E+W+N.I.The Office of Qualifications and Examinations Regulation

Chapter 1E+W+N.I.Establishment, objectives and general duties

EstablishmentE+W+N.I.

127The Office of Qualifications and Examinations RegulationE+W+N.I.

(1)There is to be a body corporate known as the Office of Qualifications and Examinations Regulation.

(2)In this Part that body is referred to as “Ofqual”.

(3)Schedule 9 makes further provision about Ofqual.

Commencement Information

I78S. 127 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Objectives and general dutiesE+W+N.I.

128ObjectivesE+W+N.I.

(1)Ofqual's objectives are—

(a)the qualifications standards objective,

(b)the assessments standards objective,

(c)the public confidence objective,

(d)the awareness objective, and

(e)the efficiency objective.

[F283(2)The qualifications standards objective is to secure that—

(a)regulated qualifications give a reliable indication of knowledge, skills and understanding, and

(b)regulated qualifications indicate —

(i)a consistent level of attainment (including over time) between comparable regulated qualifications, and

(ii)a consistent level of attainment (but not over time) between regulated qualifications and comparable qualifications (including those awarded outside the United Kingdom) which are not qualifications to which this Part applies.]

(3)The assessments standards objective is to promote the development and implementation of regulated assessment arrangements which—

(a)give a reliable indication of achievement, and

(b)indicate a consistent level of attainment (including over time) between comparable assessments.

(4)The public confidence objective is to promote public confidence in regulated qualifications and regulated assessment arrangements.

(5)The awareness objective is to promote awareness and understanding of—

(a)the range of regulated qualifications available,

(b)the benefits of regulated qualifications to learners, employers and institutions within the higher education sector, and

(c)the benefits of recognition under section 132 to bodies awarding or authenticating qualifications to which this Part applies.

(6)The efficiency objective is to secure that regulated qualifications are provided efficiently and in particular that any relevant sums payable to a body awarding or authenticating a qualification in respect of which the body is recognised under section 132 represent value for money.

(7)For the purposes of subsection (6) a sum is relevant if it is payable in respect of the award or authentication of the qualification in question.

Textual Amendments

F283S. 128(2) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 22, 82(3); S.I. 2012/84, art. 3

Commencement Information

I79S. 128 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

129General dutiesE+W+N.I.

(1)So far as reasonably practicable, in performing its functions Ofqual must act in a way—

(a)which is compatible with its objectives, and

(b)which it considers most appropriate for the purpose of meeting its objectives.

(2)So far as relevant, in performing its functions Ofqual must have regard to—

(a)the need to ensure that the number of regulated qualifications available for award or authentication is appropriate;

(b)the other reasonable requirements of relevant learners, including persons with [F284special educational needs] [F285or additional learning needs];

(c)the reasonable requirements of pupils and children, including persons with [F286special educational needs] [F287or additional learning needs], in relation to regulated assessment arrangements;

(d)the reasonable requirements of industry, commerce, finance, the professions and other employers regarding education and training (including required standards of practical competence);

(e)the reasonable requirements of institutions within the higher education sector;

(f)information provided to Ofqual by a person falling within subsection (4);

(g)the desirability of facilitating innovation in connection with the provision of regulated qualifications;

(h)the specified purposes of regulated assessment arrangements.

(3)For the purposes of subsection (2)(a) the number of regulated qualifications available for award or authentication is appropriate if the number is such that—

(a)there is a reasonable level of choice for learners, in terms of both the number of different regulated qualifications and the number of different forms of such qualifications, but

(b)the number of different regulated qualifications in similar subject areas or serving similar functions is not excessive.

(4)The persons falling within this subsection are—

F288(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)Her Majesty's Chief Inspector of Education, Children's Services and Skills;

(c)such other relevant persons, or relevant persons of such a description, as the Secretary of State may direct.

(5)In subsection (4)(c) “relevant person” means a person who appears to the Secretary of State to have knowledge of, or expertise in, requirements of a kind mentioned in subsection (2)(d).

(6)In performing its functions Ofqual must also have regard to such aspects of government policy as the Secretary of State may direct.

(7)The Secretary of State must publish a direction given under subsection (6).

(8)Ofqual must perform its functions efficiently and effectively.

F289(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F290(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)“Relevant learner” means a person seeking to obtain, or who may reasonably be expected to seek to obtain, a regulated qualification.

Textual Amendments

F288S. 129(4)(a) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 23; S.I. 2012/924, art. 2

Commencement Information

I80S. 129 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Regulated qualifications and regulated assessment arrangementsE+W+N.I.

130Meaning of “regulated qualifications” etc.E+W+N.I.

(1)In this Part a “regulated qualification” means a qualification to which this Part applies which is awarded or authenticated by a body which is recognised under section 132 in respect of the qualification.

(2)This Part applies to any of the following qualifications which is not an excluded qualification—

(a)an academic or vocational qualification awarded or authenticated in England;

F291(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)An excluded qualification is any of the following—

(a)a foundation degree;

(b)a first degree;

(c)a degree at a higher level.

(4)For the purposes of subsection (2) a qualification is awarded or authenticated in England F292... if there are, or may reasonably be expected to be, persons seeking to obtain the qualification who are, will be or may reasonably be expected to be assessed for those purposes wholly or mainly in England F292....

(5)The Secretary of State may by order repeal subsection (2)(b).

(6)An order under subsection (5) may make amendments and repeals to a provision of, or in an instrument made under, this or any other Act (including any Act passed after this Act) in consequence of the repeal of subsection (2)(b).

(7)Before making an order under subsection (5) the Secretary of State must consult the Department for Employment and Learning in Northern Ireland.

Textual Amendments

Commencement Information

I81S. 130 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

131Meaning of “regulated assessment arrangements” etc.E+W+N.I.

(1)This section applies for the purposes of this Part.

(2)“Regulated assessment arrangements” means—

(a)NC assessment arrangements, and

(b)EYFS assessment arrangements.

(3)“NC assessment arrangements” means arrangements made under or by virtue of an order made under section 87(3)(c) of the Education Act 2002 (c. 32) for assessing pupils in England in respect of each key stage for the specified purposes.

(4)In subsection (3)—

(5)“EYFS assessment arrangements” means arrangements made under or by virtue of an order made under section 39(1)(a) of the Childcare Act 2006 (c. 21) for assessing children in England for the specified purposes.

(6)“The specified purposes” in relation to regulated assessment arrangements—

(a)if the arrangements are NC assessment arrangements, has the same meaning as in section 76(1) of the Education Act 2002;

(b)if the arrangements are EYFS assessment arrangements, has the same meaning as in section 41(2)(c) of the Childcare Act 2006.

Commencement Information

I82S. 131 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Chapter 2E+W+N.I.Functions in relation to qualifications

Recognition of awarding bodiesE+W+N.I.

132RecognitionE+W+N.I.

(1)Ofqual must recognise an awarding body in respect of the award or authentication of a specified qualification, or description of qualification, to which this Part applies if—

(a)the awarding body has applied for recognition in the respect in question, and

(b)the body meets the applicable criteria for recognition most recently published under section 133.

(2)Ofqual may not recognise an awarding body if the requirements set out in paragraphs (a) and (b) of subsection (1) are not met by the body.

(3)A recognition—

(a)has effect from such date as Ofqual may specify,

(b)is subject to the general conditions,

(c)if in respect of a qualification subject to the accreditation requirement, is subject to an accreditation condition, and

(d)is subject to such other conditions that Ofqual may impose at the time of recognition or later.

(4)But Ofqual may, at the time of recognition or later, determine that a specified recognition is not to be subject to a specified general condition.

(5)An accreditation condition in respect of a qualification subject to the accreditation requirement is a condition requiring that the recognised body may award or authenticate a particular form of the qualification only if, at the time of the award or authentication, that form of the qualification is accredited under section 139.

(6)Ofqual may not charge an awarding body in respect of recognition.

(7)If Ofqual refuses an application for recognition it must provide the awarding body with a statement setting out the reasons for its decision.

(8)In this section “the general conditions”, in respect of a recognition of an awarding body, means the general conditions for the time being in force under section 134 which are applicable to the recognition and the body.

(9)In this Chapter—

[F293(10)See section 35 of the Qualifications Wales Act 2015 for provision about the effect of conditions imposed by or under this section, in respect of or for the purposes of the award in Wales by an awarding body of a form of a qualification awarded as an approved qualification (for which see section 22(4) of that Act).]

Textual Amendments

F293S. 132(10) inserted (E.W.) (21.9.2015) by Qualifications Wales Act 2015 (anaw 5), ss. 35(2), 60(2); S.I. 2015/1687, art. 2 (with arts. 3-12)

Commencement Information

I83S. 132 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

133Criteria for recognitionE+W+N.I.

(1)Ofqual must set and publish the criteria for recognition under section 132.

(2)Different criteria may be set for—

(a)recognition of different descriptions of awarding bodies;

(b)recognition in respect of different qualifications or different descriptions of qualifications;

(c)recognition in respect of credits in respect of different components of qualifications or different descriptions of components of qualifications.

(3)Ofqual may revise the criteria.

(4)If Ofqual revises the criteria it must publish them as revised.

(5)Before setting or revising the criteria Ofqual must consult such persons as it considers appropriate.

Commencement Information

I84S. 133 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

134General conditions of recognitionE+W+N.I.

(1)Ofqual must set and publish the general conditions to which a recognition is to be subject.

(2)Different general conditions may be set for—

(a)recognition of different descriptions of awarding bodies;

(b)recognition in respect of different qualifications or different descriptions of qualifications;

(c)recognition in respect of credits in respect of different components of qualifications or different descriptions of components of qualifications.

(3)Ofqual may revise the general conditions.

(4)If Ofqual revises the general conditions it must publish them as revised.

(5)Before setting or revising the general conditions Ofqual must consult such persons as it considers appropriate.

Commencement Information

I85S. 134 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

135Other conditions of recognitionE+W+N.I.

(1)The conditions of recognition that Ofqual may impose under section 132(3)(d) include in particular—

(a)fee capping conditions;

(b)entry and inspection conditions.

(2)Fee capping conditions are conditions limiting the amount of a fee chargeable by a recognised body for—

(a)the award or authentication of a qualification in respect of which the body is recognised, or

(b)the provision of any other service in relation to such a qualification.

(3)Entry and inspection conditions are conditions requiring permission to enter premises for the purposes of inspecting and copying documents so far as necessary for Ofqual—

(a)to satisfy itself that the appropriate standards are being maintained by a recognised body in relation to the award or authentication of any qualification in respect of which the body is recognised, or

(b)to determine whether to impose a fee capping condition and, if so, what that condition should be.

Commencement Information

I86S. 135 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

136Fee capping conditions: supplementaryE+W+N.I.

(1)Ofqual may impose a fee capping condition limiting the amount of a particular fee only if satisfied that the limit is necessary in order to secure value for money.

(2)Before imposing a fee capping condition in respect of a recognition Ofqual must give notice to the recognised body of its intention to do so.

(3)The notice must—

(a)set out Ofqual's reasons for proposing to impose the fee capping condition, and

(b)specify the period during which, and the way in which, the recognised body may make representations about the proposal.

(4)Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to impose the fee capping condition.

(5)Ofqual must establish arrangements (the “review arrangements”) for the review, at the request of a recognised body, of a decision to impose a fee capping condition.

(6)The review arrangements must require the decision on review to be made by a person within subsection (7).

(7)A person within this subsection is one who—

(a)appears to Ofqual to have skills likely to be relevant to decisions to impose fee capping conditions, and

(b)is independent of Ofqual.

(8)A person is independent of Ofqual for the purposes of subsection (7) if the person is—

(a)an individual who is not a member of Ofqual or Ofqual's staff, or

(b)a body none of whose members is a member of Ofqual or Ofqual's staff.

(9)A decision to impose a fee capping condition must not take effect before the later of—

(a)the expiry of the period during which a review can be requested under the review arrangements, and

(b)the completion of any review requested under those arrangements.

(10)Ofqual must, in performing its functions in relation to fee capping conditions, have regard to any guidance given by the Secretary of State.

(11)The Secretary of State must publish any guidance given under subsection (10).

Commencement Information

I87S. 136 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

137Entry and inspection conditions: supplementaryE+W+N.I.

(1)An entry and inspection condition requires permission to enter premises to be given only if—

(a)the premises in question are not used as a private dwelling,

(b)the entry is to be by an authorised person,

(c)reasonable notice has been given to the recognised body in question, and

(d)the entry is to be at a reasonable time.

(2)“Authorised person” means a member of Ofqual's staff who is authorised (generally or specifically) for the purpose.

(3)An entry and inspection condition may require an authorised person to be given permission to do anything that a person authorised by a provision of Part 1 of the Education Act 2005 (c. 18) to inspect documents could do by virtue of section 58 of that Act (computer records).

Commencement Information

I88S. 137 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Accreditation of certain qualificationsE+W+N.I.

138Qualifications subject to the accreditation requirementE+W+N.I.

(1)Ofqual may determine that a specified qualification, or description of qualification, to which this Part applies is subject to the accreditation requirement.

[F294(1A)But Ofqual may not make a determination under subsection (1) in relation to a technical education qualification if—

(a)the qualification is an approved technical education qualification, or

(b)the Institute—

(i)has notified Ofqual that the Institute is considering whether or not to approve the qualification as an approved technical education qualification, and

(ii)has not notified Ofqual of its decision.]

(2)A determination under subsection (1) may provide that a qualification or description of qualification is subject to the accreditation requirement—

(a)for all purposes, or

(b)for the purposes of award or authentication by a specified awarding body.

(3)Ofqual must publish a determination falling within subsection (2)(a).

(4)Ofqual may revise a determination made under subsection (1).

(5)If Ofqual revises a determination falling within subsection (2)(a) it must publish the determination as revised.

(6)Before making or revising a determination under subsection (1) Ofqual must—

(a)if the determination falls within subsection (2)(a), consult such persons as it considers appropriate, and

(b)if the determination falls within subsection (2)(b), consult the awarding body in question.

[F295(7)Where the Institute has notified Ofqual under subsection (1A)(b)(i) that it is considering whether or not to approve the qualification, it must also notify Ofqual of its decision.

(8)In this section—

Textual Amendments

Commencement Information

I89S. 138 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

139AccreditationE+W+N.I.

(1)Where a qualification is subject to the accreditation requirement Ofqual must accredit a particular form of the qualification if—

(a)that form of the qualification has been submitted for accreditation by a recognised body which is recognised in respect of the qualification, and

(b)that form of the qualification meets the applicable criteria for accreditation most recently published under section 140.

(2)Ofqual may not accredit a form of a qualification if the requirements set out in paragraphs (a) and (b) of subsection (1) are not met in respect of that form of the qualification.

(3)An accreditation under this section has effect from such date as Ofqual may specify.

(4)Ofqual may not charge a recognised body in respect of accreditation under this section.

(5)If Ofqual refuses an application for accreditation it must provide the recognised body with a statement setting out the reasons for its decision.

Commencement Information

I90S. 139 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

140Criteria for accreditationE+W+N.I.

(1)Ofqual must set and publish the criteria for accreditation under section 139.

(2)Different criteria may be set for the accreditation of different qualifications or different descriptions of qualifications.

(3)Ofqual may revise the criteria.

(4)If Ofqual revises the criteria it must publish them as revised.

(5)Before setting or revising the criteria Ofqual must consult such persons as it considers appropriate.

(6)If Ofqual revises the criteria under this section which are applicable to a form of a qualification which is accredited under section 139, the accreditation ceases to have effect on the date specified by Ofqual.

(7)Ofqual may vary the date specified under subsection (6) at any time before the date.

(8)Ofqual may determine that subsection (6) does not apply in relation to a specified revision.

(9)Ofqual must publish a determination made under subsection (8).

(10)Ofqual may make saving or transitional provision in connection with the accreditation of a form of a qualification ceasing to have effect under subsection (6).

Commencement Information

I91S. 140 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Minimum requirementsE+W+N.I.

141Power to specify minimum requirementsE+W+N.I.

(1)The Secretary of State may by order specify minimum requirements in respect of a specified qualification, or description of qualification, to which this section applies.

(2)But the Secretary of State may make an order under subsection (1) only if satisfied that it is necessary to do so for the purpose of ensuring that the curriculum studied by persons taking a course leading to the qualification, or a qualification of the description, is appropriate, having regard to the likely ages of those persons.

(3)This section applies to a qualification, or description of qualification, if—

(a)the qualification, or each qualification of the description, is one to which this Part applies, and

(b)the condition in subsection (4) is met in relation to the qualification or each qualification of the description.

(4)The condition is that—

(a)one or more forms of the qualification is (or are) approved under section 98 of the Learning and Skills Act 2000 (c. 21), or

(b)the Secretary of State reasonably expects approval under that section to be sought for one or more forms of the qualification.

(5)A minimum requirement in respect of a qualification or description of qualification is a requirement which relates to the knowledge, skills or understanding which a person must demonstrate in order to obtain the qualification or a qualification of the description.

Commencement Information

I92S. 141 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

142Consultation before making order specifying minimum requirementsE+W+N.I.

(1)Before making an order under section 141(1) the Secretary of State must consult Ofqual and such other persons as the Secretary of State considers appropriate.

(2)For the purposes of consulting under subsection (1) the Secretary of State must publish a document setting out—

(a)the grounds on which the Secretary of State is satisfied of the matter specified in section 141(2),

(b)the proposed minimum requirements, and

(c)the Secretary of State's reasons for proposing those minimum requirements.

(3)The Secretary of State must provide a copy of the document to Ofqual and any other persons the Secretary of State proposes to consult under subsection (1).

Commencement Information

I93S. 142 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

143Effect of order specifying minimum requirementsE+W+N.I.

(1)This section applies in relation to a qualification or description of qualification in respect of which minimum requirements specified in an order under section 141(1) have effect.

(2)Ofqual must perform its functions under sections 133, 134 and 140 in relation to the qualification or description of qualification in a way which secures that the minimum requirements in respect of the qualification or description of qualification are met.

(3)But Ofqual is not required to comply with the duty imposed by subsection (2) if it appears to Ofqual that complying with that duty would result in the level of attainment (in terms of depth of knowledge, skills or understanding) indicated by the qualification or description of qualification not being consistent with that indicated by comparable regulated qualifications.

Commencement Information

I94S. 143 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

144Revocation and amendment of orders specifying minimum requirementsE+W+N.I.

(1)Subsection (2) applies if—

(a)the Secretary of State has made an order under section 141(1) in respect of a qualification or description of qualification, and

(b)the qualification or description of qualification ceases to be one to which section 141 applies.

(2)The Secretary of State may by order—

(a)revoke the order, or

(b)amend it for the purpose of removing the qualification or description of qualification from the application of the order.

(3)Subsections (1) and (2) do not affect the power of the Secretary of State to revoke or amend an order under section 141(1) in other circumstances.

(4)Sections 141(2) and 142 do not apply to an order—

(a)revoking an order under section 141(1), or

(b)amending an order under section 141(1) for the purpose only of removing a qualification or description of qualification from the application of the order.

Commencement Information

I95S. 144 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Guided learningE+W+N.I.

145Assignment of number of hours of guided learningE+W+N.I.

(1)A recognised body may only award or authenticate a particular form of a qualification in respect of which it is recognised if Condition 1 or 2 is met.

(2)Condition 1 is met if the recognised body determines that the qualification is not relevant for 2008 Act purposes.

(3)Condition 2 is met if—

(a)the recognised body determines that the qualification is relevant for 2008 Act purposes, and

(b)the body assigns to the particular form of the qualification a number of hours of guided learning.

F296(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A recognised body must apply the applicable criteria then in force under section 146 when determining—

(a)whether or not a qualification is relevant for 2008 Act purposes, and

(b)in respect of a qualification which the body has determined is relevant for those purposes, a number of hours of guided learning to assign to a form of the qualification.

(6)If revised criteria come into force under section 146, a recognised body must review any determination it has made under this section.

(7)Ofqual may—

(a)review any determination made by a recognised body under this section, and

(b)require the recognised body to revise any such determination in such respects as Ofqual may specify.

(8)If under subsection (7)(b) Ofqual requires a recognised body to revise a determination that a qualification is not relevant for 2008 Act purposes by specifying that the determination should provide that the qualification is so relevant—

(a)Ofqual may assign to a form of the qualification awarded or authenticated by the recognised body a number of hours of guided learning, and

(b)if it does so, the recognised body is to be treated as having determined to assign that number of hours of guided learning to that form of the qualification.

(9)For the purposes of this Chapter a qualification is relevant for 2008 Act purposes if there are, or may reasonably be expected to be, persons seeking to obtain the qualification for the purposes of discharging the duty under section 2(1)(c) of the Education and Skills Act 2008 (c. 25) (duty to participate in education or training).

(10)In this Chapter a “number of hours of guided learning”, in relation to a form of a qualification, means a number of notional hours representing an estimate of the amount of actual guided learning which could reasonably be expected to be required in order for persons to achieve the standard required to obtain that form of the qualification.

(11)In subsection (10) “actual guided learning” means time a person spends—

(a)being taught or given instruction by a lecturer, tutor, supervisor or other appropriate provider of education or training, or

(b)otherwise participating in education or training under the immediate guidance or supervision of such a person,

but does not include time spent on unsupervised preparation or study, whether at home or otherwise.

(12)Section 172(2)(a) does not apply for the purposes of this section.

Textual Amendments

Commencement Information

I96S. 145 in force at 31.5.2013 by S.I. 2013/975, art. 2(a)

146Criteria for assignment of number of hours of guided learningE+W+N.I.

(1)Ofqual must set and publish criteria for determining—

(a)whether a qualification is relevant for 2008 Act purposes, and

(b)in respect of a qualification which a recognised body has determined is relevant for those purposes, the number of hours of guided learning that should be assigned to a form of the qualification.

(2)Different criteria may be set for determinations in relation to different qualifications or different descriptions of qualifications.

(3)Ofqual may revise the criteria.

(4)If Ofqual revises the criteria it must publish them as revised.

(5)Before setting or revising the criteria Ofqual must consult such persons as it considers appropriate.

Commencement Information

I97S. 146 in force at 31.5.2013 by S.I. 2013/975, art. 2(a) (with art. 3)

SurrenderE+W+N.I.

147Surrender of recognitionE+W+N.I.

(1)A recognised body may give notice to Ofqual that it wishes to cease to be recognised in respect of the award or authentication of a specified qualification or description of qualification.

(2)As soon as reasonably practicable after receipt of a notice under subsection (1) Ofqual must give notice to the recognised body of the date on which the body is to cease to be recognised in the respect in question (“the surrender date”).

(3)At any time before the surrender date Ofqual may vary that date by giving further notice to the recognised body.

(4)In deciding or varying the surrender date Ofqual must have regard to the need to avoid prejudicing persons who are seeking, or might reasonably be expected to seek, to obtain the qualification, or a qualification of the description, specified in the notice under subsection (1).

(5)Ofqual may make saving or transitional provision in connection with a recognised body ceasing to be recognised in any respect by virtue of this section.

Commencement Information

I98S. 147 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

RegisterE+W+N.I.

148RegisterE+W+N.I.

(1)Ofqual must maintain and publish a register containing the following information in relation to each recognised body—

(a)the qualifications in respect of which it is recognised,

(b)the forms of those qualifications which are awarded or authenticated by it, and

(c)if the recognised body has determined under section 145 that any of those qualifications is relevant for 2008 Act purposes, the number of hours of guided learning it has assigned to each form of the qualification awarded or authenticated by it.

(2)The register may include such other information as Ofqual considers appropriate.

Commencement Information

I99S. 148(1)(a)(b)(2) in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Recognised bodies: monitoring and enforcementE+W+N.I.

149Review of activities of recognised bodiesE+W+N.I.

(1)Ofqual may keep under review any connected activities of a recognised body.

(2)An activity of a recognised body is a connected activity if Ofqual considers that it is connected or otherwise relevant to—

(a)the body's recognition (including, in particular, the compliance by the body with the conditions to which the recognition is subject), or

(b)the award or authentication by the body of any qualification in respect of which it is recognised.

Commencement Information

I100S. 149 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

150Investigation of complaintsE+W+N.I.

(1)Ofqual may investigate, or make arrangements for the investigation of, complaints in relation to the award or authentication of a regulated qualification.

(2)Arrangements made under subsection (1) may in particular include arrangements for the referral of complaints to an independent party.

(3)“An independent party” means—

(a)an individual who is not a member of Ofqual or Ofqual's staff, or

(b)a body none of whose members is a member of Ofqual or Ofqual's staff.

Commencement Information

I101S. 150 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

151Power to give directionsE+W+N.I.

[F297(1)Subsection (2) applies if it appears to Ofqual that a recognised body has failed or is likely to fail to comply with a condition to which the recognition is subject.]

(2)Ofqual may direct the recognised body to take or refrain from taking specified steps with a view to securing compliance with the condition.

(3)Before giving a recognised body a direction under this section Ofqual must give notice to the body of its intention to do so.

(4)The notice must—

(a)set out Ofqual's reasons for proposing to give the direction, and

(b)specify the period during which, and the way in which, the recognised body may make representations about the proposal.

(5)Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to give a direction to the body.

(6)A recognised body must comply with a direction given to it under this section.

(7)A direction under this section is enforceable, on the application of Ofqual—

(a)in England and Wales, by a mandatory order, F298...

F298(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)A direction given under this section may be amended or revoked by Ofqual; and subsections (3) to (5) apply to the amendment of a direction as they apply to the giving of a direction.

Textual Amendments

F297S. 151(1) substituted (1.5.2012) by Education Act 2011 (c. 21), ss. 23(2), 82(3); S.I. 2012/924, art. 3

Commencement Information

I102S. 151 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

[F299151APower to impose monetary penaltiesE+W+N.I.

(1)Subsection (2) applies if it appears to Ofqual that a recognised body has failed to comply with a condition to which the recognition is subject.

(2)Ofqual may impose a monetary penalty on the recognised body.

(3)A “monetary penalty” is a requirement to pay to Ofqual a penalty of an amount determined by Ofqual in accordance with section 151B.

(4)Before imposing a monetary penalty on a recognised body, Ofqual must give notice to the body of its intention to do so.

(5)The notice must—

(a)set out Ofqual's reasons for proposing to impose the penalty, and

(b)specify the period during which, and the way in which, the recognised body may make representations about the proposal.

(6)The period specified under subsection (5)(b) must not be less than 28 days beginning with the date on which the notice is received.

(7)Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to impose a monetary penalty on the body.

(8)If Ofqual decides to impose a monetary penalty on the body, it must give the body a notice containing information as to—

(a)the grounds for imposing the penalty,

(b)how payment may be made,

(c)the period within which payment is required to be made (which must not be less than 28 days),

(d)rights of appeal,

(e)the period within which an appeal may be made, and

(f)the consequences of non-payment.

Textual Amendments

F299Ss. 151A-151D inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 23(3), 82(3); S.I. 2012/924, art. 3

151BMonetary penalties: amountE+W+N.I.

(1)The amount of a monetary penalty imposed on a recognised body under section 151A must not exceed 10% of the body's turnover.

(2)The turnover of a body for the purposes of subsection (1) is to be determined in accordance with an order made by the Secretary of State.

(3)Subject to subsection (1), the amount may be whatever Ofqual decides is appropriate in all the circumstances of the case.

Textual Amendments

F299Ss. 151A-151D inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 23(3), 82(3); S.I. 2012/924, art. 3

151CMonetary penalties: appealsE+W+N.I.

(1)A recognised body may appeal to the First-tier Tribunal against—

(a)a decision to impose a monetary penalty on the body under section 151A;

(b)a decision as to the amount of the penalty.

(2)An appeal under this section may be made on the grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable.

(3)The requirement to pay the penalty is suspended pending the determination of an appeal under this section.

(4)On an appeal under this section the Tribunal may—

(a)withdraw the requirement to pay the penalty;

(b)confirm that requirement;

(c)vary that requirement;

(d)take such steps as Ofqual could take in relation to the failure to comply giving rise to the decision to impose the requirement;

(e)remit the decision whether to confirm the requirement to pay the penalty, or any matter relating to that decision, to Ofqual.

Textual Amendments

F299Ss. 151A-151D inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 23(3), 82(3); S.I. 2012/924, art. 3

151DMonetary penalties: interest and recoveryE+W+N.I.

(1)This section applies if all or part of a monetary penalty imposed on a recognised body is unpaid at the end of the period ending on the applicable date.

(2)The applicable date is—

(a)the last date on which the recognised body may make an appeal under section 151C in respect of the penalty, if no such appeal is made;

(b)if an appeal under section 151C in respect of the penalty is made—

(i)the date on which the appeal is determined, or

(ii)if the appeal is withdrawn before being determined, the date on which the appeal is withdrawn.

(3)The unpaid amount of the penalty for the time being carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section).

(4)The total amount of interest imposed under subsection (3) must not exceed the amount of the penalty.

(5)Ofqual may recover from the body, as a civil debt due to it, the unpaid amount of the penalty and any unpaid interest.]

Textual Amendments

F299Ss. 151A-151D inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 23(3), 82(3); S.I. 2012/924, art. 3

152Power to withdraw recognitionE+W+N.I.

(1)Subsection (2) applies if a recognised body has failed to comply with a condition to which the recognition is subject.

[F300(2)Ofqual may withdraw recognition from the recognised body in respect of the award or authentication of—

(a)a specified qualification or description of qualification in respect of which the body is recognised, or

(b)every qualification or description of qualification in respect of which the body is recognised.]

(3)Before withdrawing recognition from a recognised body in any respect Ofqual must give notice to the body of its intention to do so.

(4)The notice must—

(a)set out Ofqual's reasons for proposing to withdraw recognition from the recognised body in the respect in question, and

(b)specify the period during which, and the way in which, the recognised body may make representations about the proposal.

(5)Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to withdraw recognition from the body in the respect in question.

(6)If Ofqual decides to withdraw recognition from a recognised body Ofqual—

(a)must give notice to the body of its decision and of the date on which the withdrawal is to take effect, and

(b)may make saving or transitional provision.

(7)At any time before a withdrawal takes effect Ofqual may vary the date on which it is to take effect by giving further notice to the recognised body.

(8)Ofqual must establish arrangements for the review, at the request of a recognised body, of a decision to withdraw recognition under this section.

(9)The arrangements established under subsection (8) must require the decision on review to be made by a person who is independent of Ofqual.

(10)A person is independent of Ofqual for the purposes of subsection (9) if the person is—

(a)an individual who is not a member of Ofqual or Ofqual's staff, or

(b)a body none of whose members is a member of Ofqual or Ofqual's staff.

Textual Amendments

F300S. 152(2) substituted (1.5.2012) by Education Act 2011 (c. 21), ss. 23(4), 82(3); S.I. 2012/924, art. 3

Commencement Information

I103S. 152 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

[F301152ACosts recoveryE+W+N.I.

(1)Ofqual may, by notice, require a recognised body on which a sanction has been imposed to pay the costs incurred by Ofqual in relation to imposing the sanction, up to the time it is imposed.

(2)The references in subsection (1) to imposing a sanction are to—

(a)giving a direction under section 151;

(b)imposing a monetary penalty under section 151A;

(c)withdrawing recognition under section 152.

(3)“Costs” includes in particular—

(a)investigation costs;

(b)administration costs;

(c)costs of obtaining expert advice (including legal advice).

(4)A notice given to a recognised body under subsection (1) must contain information as to—

(a)the amount required to be paid,

(b)how payment may be made,

(c)the period within which payment is required to be made (which must not be less than 28 days),

(d)rights of appeal,

(e)the period within which an appeal may be made, and

(f)the consequences of non-payment.

(5)The body may require Ofqual to provide a detailed breakdown of the amount specified in the notice.

Textual Amendments

F301Ss. 152A-152C inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 23(5), 82(3); S.I. 2012/924, art. 3

152BCosts recovery: appealsE+W+N.I.

(1)A recognised body may appeal to the First-tier Tribunal against—

(a)a decision under section 152A(1) to require the body to pay costs;

(b)a decision as to the amount of those costs.

(2)An appeal under this section may be made on the grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable.

(3)The requirement to pay the costs is suspended pending the determination of an appeal under this section.

(4)On an appeal under this section the Tribunal may—

(a)withdraw the requirement to pay the costs;

(b)confirm that requirement;

(c)vary that requirement;

(d)take such steps as Ofqual could take in relation to the failure to comply giving rise to the decision to impose the requirement;

(e)remit the decision whether to confirm the requirement to pay the costs, or any matter relating to that decision, to Ofqual.

Textual Amendments

F301Ss. 152A-152C inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 23(5), 82(3); S.I. 2012/924, art. 3

152CCosts: interest and recoveryE+W+N.I.

(1)This section applies if all or part of an amount of costs that a recognised body is required to pay under section 152A(1) is unpaid at the end of the period ending on the applicable date.

(2)The applicable date is—

(a)the last date on which the recognised body may make an appeal under section 152B in respect of the costs, if no such appeal is made;

(b)if an appeal under section 152B in respect of the costs is made—

(i)the date on which the appeal is determined, or

(ii)if the appeal is withdrawn before being determined, the date on which the appeal is withdrawn.

(3)The unpaid amount of the costs for the time being carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section).

(4)The total amount of interest imposed under subsection (3) must not exceed the amount of the costs.

(5)Ofqual may recover from the body, as a civil debt due to it, the unpaid amount of the costs and any unpaid interest.]

Textual Amendments

F301Ss. 152A-152C inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 23(5), 82(3); S.I. 2012/924, art. 3

153Qualifications regulatory frameworkE+W+N.I.

(1)Ofqual must prepare and publish—

(a)a statement of how Ofqual intends to perform the monitoring and enforcement functions, and

(b)guidance to recognised bodies in relation to the award and authentication of qualifications in respect of which they are recognised.

(2)The statement and guidance mentioned in subsection (1) are together referred to in this section as “the qualifications regulatory framework”.

(3)Guidance under subsection (1)(b) must include guidance for the purpose of helping to determine whether or not behaviour complies with the general conditions to which a recognition is subject (see section 134).

(4)The guidance may in particular specify—

(a)descriptions of behaviour which Ofqual considers complies with a general condition;

(b)descriptions of behaviour which Ofqual considers does not comply with a general condition;

(c)factors which Ofqual will take into account in determining whether or not a recognised body's behaviour complies with a general condition.

(5)Ofqual—

(a)may revise the qualifications regulatory framework, and

(b)if it does so, must publish the revised version.

(6)Before publishing the qualifications regulatory framework or a revised version of it, Ofqual must consult such persons as it considers appropriate.

(7)A recognised body must have regard to guidance under subsection (1)(b) in awarding or authenticating a qualification in respect of which it is recognised.

(8)In subsection (1) “the monitoring and enforcement functions” means—

(a)Ofqual's power under section 132(3)(d) (power to impose other conditions);

(b)Ofqual's functions under sections 132(4) and 134 (functions in relation to general conditions);

(c)Ofqual's functions under an entry and inspection condition to which a recognition is subject (see section 135);

(d)Ofqual's functions under section 138(1) (power to determine that a qualification is subject to the accreditation requirement);

(e)Ofqual's functions under sections 149 to [F302152C] .

Textual Amendments

F302Word in s. 153(8)(e) substituted (1.5.2012) by Education Act 2011 (c. 21), ss. 23(6), 82(3); S.I. 2012/924, art. 3

Commencement Information

I104S. 153 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

OtherE+W+N.I.

154Review of qualifications to which Part appliesE+W+N.I.

Ofqual may keep under review all aspects of qualifications to which this Part applies.

Commencement Information

I105S. 154 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Prospective

155Review of system for allocating values to qualificationsE+W+N.I.

(1)Ofqual must keep under review any system used by the Secretary of State for allocating values to qualifications to which this Part applies by reference to the level of attainment indicated by the qualifications.

(2)The duty in subsection (1) applies only if the values are to be allocated for the purpose of a qualifications-based performance management system.

(3)A qualifications-based performance management system is a system for measuring the relative performance of schools by reference to the performance of pupils at the schools in qualifications to which this Part applies.

(4)Ofqual may at any time require the Secretary of State to provide it with any information which Ofqual considers it necessary or expedient to have for the purposes of, or in connection with, the performance by Ofqual of its duty under subsection (1).

156Co-operation and joint workingE+W+N.I.

(1)Ofqual may co-operate or work jointly with another public authority where it is appropriate to do so for the efficient and effective performance of any of Ofqual's qualifications functions.

(2)“Public authority” includes any person who performs functions (whether or not in the United Kingdom) which are of a public nature.

(3)In this Chapter “qualifications functions” means functions in connection with qualifications to which this Part applies.

Commencement Information

I106S. 156 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

157Power to provide information to qualifications regulatorsE+W+N.I.

(1)Ofqual may provide information to a qualifications regulator for the purpose of enabling or facilitating the performance of a relevant function of the regulator.

(2)For the purposes of this section—

(a)a qualifications regulator is a person who has functions in any part of the United Kingdom which are similar to Ofqual's qualifications functions, and

(b)a function of a qualifications regulator is a relevant function if it is similar to any of the qualifications functions of Ofqual.

(3)Nothing in this section—

(a)affects any power to disclose information that exists apart from this section, or

(b)authorises the disclosure of information in contravention of any provision made by or under any Act which prevents disclosure of the information.

Commencement Information

I107S. 157 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

GeneralE+W+N.I.

158Interpretation of ChapterE+W+N.I.

(1)In this Chapter—

(2)For the purposes of this Chapter a qualification is subject to the accreditation requirement if a determination by Ofqual that the qualification, or a description of qualification which applies to the qualification, is to be subject to that requirement has effect under section 138.

(3)For the purposes of this Chapter a qualification is relevant for 2008 Act purposes if it falls within section 145(9).

Textual Amendments

Commencement Information

I108S. 158(1) in force at 1.4.2010 for specified purposes by S.I. 2010/1151, art. 2, Sch. 1

I109S. 158(2) in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Chapter 3E+W+N.I.Functions in relation to assessment arrangements

Development etc. of regulated assessment arrangementsE+W+N.I.

159NC assessment arrangements: duty to consult Ofqual etc.E+W+N.I.

(1)Section 87 of the Education Act 2002 (c. 32) (establishment of the National Curriculum for England by order) is amended as follows.

(2)Before subsection (7) insert—

“(6A)Before making an order under subsection (3)(c) the Secretary of State—

(a)shall consult the Office of Qualifications and Examinations Regulation, and

(b)may consult such other persons as the Secretary of State considers appropriate.”

(3)After subsection (8) insert—

“(8A)An order under subsection (3)(c) which includes provision made by virtue of subsection (8) shall provide that before making or revising the assessment arrangements the person specified in the order—

(a)shall consult the Office of Qualifications and Examinations Regulation, and

(b)may consult such other persons as that person considers appropriate.”

(4)After subsection (12) (as inserted by paragraph 35 of Schedule 12) insert—

“(12A)An order under subsection (3)(c) which authorises a person to make delegated supplementary provisions shall provide that before making, amending or revoking any such provisions the person so authorised—

(a)shall consult the Office of Qualifications and Examinations Regulation, and

(b)may consult such other persons as that person considers appropriate.”

Commencement Information

I110S. 159(1)(2) in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

I111S. 159(3)(4) in force at 1.4.2010 for specified purposes by S.I. 2010/1151, art. 2, Sch. 1

160EYFS assessment arrangements: duty to consult Ofqual etc.E+W+N.I.

(1)Section 42 of the Childcare Act 2006 (c. 21) (further provisions about assessment arrangements) is amended as follows.

(2)Before subsection (1) insert—

“(A1)Before making a learning and development order specifying assessment arrangements the Secretary of State—

(a)must consult the Office of Qualifications and Examinations Regulation, and

(b)may consult such other persons as the Secretary of State considers appropriate.”

(3)After subsection (3) insert—

“(3A)A learning and development order which includes provision made by virtue of subsection (3) must provide that before making or revising the assessment arrangements the person specified in the order—

(a)must consult the Office of Qualifications and Examinations Regulation, and

(b)may consult such other persons as that person considers appropriate.”

(4)After subsection (6A) (as inserted by paragraph 40 of Schedule 12) insert—

“(6AA)A learning and development order which authorises a person to make delegated supplementary provisions must provide that before making, amending or revoking any such provisions the person so authorised—

(a)must consult the Office of Qualifications and Examinations Regulation, and

(b)may consult such other persons as that person considers appropriate.”

Commencement Information

I112S. 160(1)(2) in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

I113S. 160(3)(4) in force at 1.4.2010 for specified purposes by S.I. 2010/1151, art. 2, Sch. 1

Review etc. of regulated assessment arrangementsE+W+N.I.

161Review of regulated assessment arrangementsE+W+N.I.

(1)Ofqual must keep under review all aspects of NC assessment arrangements.

(2)Ofqual must keep under review all aspects of EYFS assessment arrangements.

Commencement Information

I114S. 161 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

162Powers to require informationE+W+N.I.

(1)Ofqual may at any time require a person falling within subsection (2) to provide it with any information which Ofqual considers it necessary or expedient to have for the purposes of, or in connection with, the performance by Ofqual of its function under section 161(1).

(2)The persons are—

(a)the Secretary of State;

(b)an NC responsible body;

(c)Her Majesty's Chief Inspector of Education, Children's Services and Skills;

(d)any other person specified or of a description specified in regulations.

(3)Ofqual may at any time require a person falling within subsection (4) to provide it with any information which Ofqual considers it necessary or expedient to have for the purposes of, or in connection with, the performance by Ofqual of its function under section 161(2).

(4)The persons are—

(a)the Secretary of State;

(b)an EYFS responsible body;

(c)Her Majesty's Chief Inspector of Education, Children's Services and Skills;

(d)any other person specified or of a description specified in regulations.

(5)In this Chapter—

Commencement Information

I115S. 162 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

163Duty to notify significant failingsE+W+N.I.

(1)If it appears to Ofqual that there is or is likely to be a significant failing in NC assessment arrangements Ofqual must notify—

(a)the Secretary of State, and

(b)any NC responsible body whose act or omission appears to Ofqual to have contributed to the significant failing.

(2)If it appears to Ofqual that there is or is likely to be a significant failing in EYFS assessment arrangements Ofqual must notify—

(a)the Secretary of State, and

(b)any EYFS responsible body whose act or omission appears to Ofqual to have contributed to the significant failing.

(3)There is a significant failing in NC assessment arrangements or (as the case may be) EYFS assessment arrangements if, as a result of the way in which the arrangements are being developed or implemented, they fail in a significant way to achieve one or more of the specified purposes of the arrangements.

Commencement Information

I116S. 163 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Regulatory frameworksE+W+N.I.

164NC assessments regulatory frameworkE+W+N.I.

(1)Ofqual must prepare and publish a document (“the NC assessments regulatory framework”) which—

(a)contains a description of how Ofqual intends to perform its function under section 161(1), and

(b)gives guidance to NC responsible bodies about the performance of their functions in relation to NC assessment arrangements.

(2)Ofqual—

(a)may revise the NC assessments regulatory framework, and

(b)if it does so, it must publish the revised version.

(3)Before publishing the NC assessments regulatory framework or a revised version of it, Ofqual must consult—

(a)the Secretary of State, and

(b)such NC responsible bodies and other persons as it considers appropriate.

(4)An NC responsible body must have regard to the NC assessments regulatory framework in performing its functions in relation to NC assessment arrangements.

Commencement Information

I117S. 164 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

165EYFS assessments regulatory frameworkE+W+N.I.

(1)Ofqual must prepare and publish a document (“the EYFS assessments regulatory framework”) which—

(a)contains a description of how Ofqual intends to perform its function under section 161(2), and

(b)gives guidance to EYFS responsible bodies about the performance of their functions in relation to EYFS assessment arrangements.

(2)Ofqual—

(a)may revise the EYFS assessments regulatory framework, and

(b)if it does so, it must publish the revised version.

(3)Before publishing the EYFS assessments regulatory framework or a revised version of it, Ofqual must consult—

(a)the Secretary of State, and

(b)such EYFS responsible bodies and other persons as it considers appropriate.

(4)An EYFS responsible body must have regard to the EYFS assessments regulatory framework in performing its functions in relation to EYFS assessment arrangements.

Commencement Information

I118S. 165 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

GeneralE+W+N.I.

166Interpretation of ChapterE+W+N.I.

In this Chapter—

Commencement Information

I119S. 166 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Chapter 4E+W+N.I.Other functions

167Provision of servicesE+W+N.I.

(1)Ofqual may, in connection with any of its functions, provide services to any person (whether or not in the United Kingdom).

(2)Services provided by virtue of this section may be provided on such terms and subject to such conditions (if any) as Ofqual may determine.

(3)Ofqual may charge a fee for, or in connection with, any service provided by virtue of this section.

Commencement Information

I120S. 167 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

168Provision of information or adviceE+W+N.I.

(1)If requested to do so by the Secretary of State, Ofqual must provide the Secretary of State with information or advice on such matters relating to any of its functions as may be specified in the request.

F304(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I121S. 168 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

169Research and developmentE+W+N.I.

(1)Ofqual may carry out programmes of research and development for purposes connected with—

(a)qualifications to which this Part applies, or

(b)regulated assessment arrangements.

(2)Ofqual may commission, co-ordinate or facilitate the carrying out of programmes of research and development for the purposes mentioned in subsection (1).

Commencement Information

I122S. 169 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

170Duty not to impose or maintain unnecessary burdensE+W+N.I.

(1)Ofqual must keep its regulatory functions under review.

(2)Ofqual must secure that in performing any of its regulatory functions it does not—

(a)impose burdens which it considers to be unnecessary, or

(b)maintain burdens which it considers to have become unnecessary.

(3)Subsection (2) does not require the removal of a burden which has become unnecessary where its removal would, having regard to all the circumstances, be impracticable or disproportionate.

(4)Ofqual must publish a statement setting out—

(a)what it proposes to do pursuant to subsections (1) and (2) in the period to which the statement relates,

(b)(except in the case of the first statement published under this section) what it has done pursuant to subsections (1) and (2) since the previous statement was published under this section, and

(c)where a burden which has become unnecessary is maintained pursuant to subsection (3), the reasons why the removal of the burden would, having regard to all the circumstances, be impracticable or disproportionate.

(5)The first statement published under this section—

(a)must be published as soon as reasonably practicable after the commencement of section 127, and

(b)is to be a statement for the period of 12 months beginning with the day of its publication.

(6)A subsequent statement published under this section—

(a)must be published during the period to which the previous statement related or as soon as reasonably practicable after the end of that period, and

(b)must be a statement for the period of 12 months beginning with the end of the period to which the previous statement related.

(7)Ofqual must, in performing any of its regulatory functions during a period for which a statement is in force under this section, have regard to the statement.

(8)In this section “regulatory function” has the same meaning as in the Legislative and Regulatory Reform Act 2006 (c. 51) (see section 32 of that Act).

Commencement Information

I123S. 170 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

171Annual and other reportsE+W+N.I.

(1)As soon as reasonably practicable after the end of each reporting period Ofqual must prepare and publish a report for the period (“the annual report”).

(2)The annual report must include—

(a)a statement of what Ofqual has done in performing its functions in the reporting period;

(b)an assessment of the extent to which Ofqual has met its objectives in that period;

(c)details of any information obtained by Ofqual in that period on the levels of attainment in relevant regulated qualifications.

(3)“Relevant regulated qualifications” are regulated qualifications that are taken wholly or mainly by pupils at schools in England.

(4)An assessment under subsection (2)(b) in respect of the qualifications standards objective must in particular explain how, in making the assessment, Ofqual has taken account of any information within subsection (2)(c) obtained in the reporting period or an earlier reporting period.

(5)If arrangements of the kind mentioned in section 150(2) (arrangements for referral of complaints to an independent party) were in place during the reporting period, the annual report must include a description of the activities of the independent party during the reporting period.

(6)Ofqual must—

(a)lay a copy of each annual report before Parliament;

F305(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Ofqual may prepare and publish other reports on matters relating to its functions.

(8)If Ofqual prepares and publishes a report under subsection (7) it may—

(a)lay a copy of the report before Parliament;

F306(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)Ofqual may comply with subsection (1) by preparing and publishing a single document or separate documents F307....

(10)In this section “reporting period” means—

(a)the period (being not longer than 12 months) beginning with the day on which section 127 comes into force and ending on such date as Ofqual decides;

(b)each successive period of 12 months.

Textual Amendments

Commencement Information

I124S. 171 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Chapter 5E+W+N.I.General

172Interpretation of PartE+W+N.I.

(1)In this Part—

(2)In this Part a reference to the award or authentication of a qualification includes a reference to—

(a)the award or authentication of credits in respect of components of a qualification, and

(b)the award or authentication of a qualification by a body either alone or jointly with others.

(3)In this Part a reference to recognition, or being recognised, in respect of a qualification is a reference to recognition, or being recognised, under section 132 in respect of the award or authentication of the qualification or of a description of qualification which applies to the qualification.

Textual Amendments

Commencement Information

I125S. 172 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

F309173Transfer schemesE+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

174Minor and consequential amendmentsE+W+N.I.

Schedule 12 contains minor and consequential amendments relating to the provision made by this Part (and Part 8).

Commencement Information

I126S. 174 in force at 1.4.2010 for specified purposes by S.I. 2010/1151, art. 2, Sch. 1

I127S. 174 in force at 1.11.2010 for specified purposes for W. by S.I. 2010/2413, art. 2(a) (with arts. 3-5)

Part 8E+WThe Qualifications and Curriculum Development Agency

Chapter 1E+WThe QCDA, objective and general duties

The QCDAE+W

F310175The Qualifications and Curriculum Development AgencyE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310Ss. 175-191 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 25, 82(3); S.I. 2012/924, art. 2

Objective and general dutiesE+W

F310176ObjectiveE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310Ss. 175-191 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 25, 82(3); S.I. 2012/924, art. 2

F310177General dutiesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310Ss. 175-191 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 25, 82(3); S.I. 2012/924, art. 2

Chapter 2E+WFunctions in relation to qualifications

F310178Qualifications within the QCDA's remitE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310Ss. 175-191 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 25, 82(3); S.I. 2012/924, art. 2

F310179Qualifications: general functionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310Ss. 175-191 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 25, 82(3); S.I. 2012/924, art. 2

F310180Assistance etc. in relation to qualifications functions of OfqualE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310Ss. 175-191 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 25, 82(3); S.I. 2012/924, art. 2

Chapter 3E+WFunctions in relation to curriculum, Early Years Foundation Stage and assessment

F310181CurriculumE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310Ss. 175-191 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 25, 82(3); S.I. 2012/924, art. 2

F310182Early learning goals and educational programmesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310Ss. 175-191 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 25, 82(3); S.I. 2012/924, art. 2

F310183Assessment arrangementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310Ss. 175-191 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 25, 82(3); S.I. 2012/924, art. 2

Chapter 4E+WOther functions and supplementary provision

Other functionsE+W

F310184Provision of services or other assistanceE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310Ss. 175-191 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 25, 82(3); S.I. 2012/924, art. 2

F310185Provision of information or adviceE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310Ss. 175-191 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 25, 82(3); S.I. 2012/924, art. 2

F310186Ancillary activitiesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310Ss. 175-191 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 25, 82(3); S.I. 2012/924, art. 2

F310187Co-operation and joint workingE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310Ss. 175-191 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 25, 82(3); S.I. 2012/924, art. 2

F310188Power to confer supplementary functions on the QCDAE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310Ss. 175-191 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 25, 82(3); S.I. 2012/924, art. 2

Supplementary provisionE+W

F310189Directions etc. by the Secretary of StateE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310Ss. 175-191 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 25, 82(3); S.I. 2012/924, art. 2

F310190Guidance by the Secretary of StateE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310Ss. 175-191 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 25, 82(3); S.I. 2012/924, art. 2

Chapter 5E+WGeneral

F310191Interpretation of PartE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310Ss. 175-191 repealed (1.4.2012) by Education Act 2011 (c. 21), ss. 25, 82(3); S.I. 2012/924, art. 2

192Minor and consequential amendmentsE+W

Schedule 12 contains minor and consequential amendments relating to the provision made by this Part (and by Part 7).

Commencement Information

I128S. 192 in force at 1.4.2010 for specified purposes by S.I. 2010/1151, art. 2, Sch. 1

I129S. 192 in force at 1.11.2010 for specified purposes for W. by S.I. 2010/2413, art. 2(a) (with arts. 3-5)

Part 9E+WChildren's services

Co-operation to improve well-being of childrenE+W

193Arrangements to promote co-operationE+W

(1)Section 10 of the Children Act 2004 (c. 31) (co-operation to improve well-being) is amended as set out in subsections (2) to (5).

(2)In subsection (4)—

(a)after paragraph (f) insert—

“(fa)the governing body of a maintained school that is maintained by the authority in their capacity as a [F120local authority];

(fb)the proprietor of a school approved by the Secretary of State under section 342 of the Education Act 1996 and situated in the authority's area;

(fc)the proprietor of a city technology college, city college for the technology of the arts or Academy situated in the authority's area;

(fd)the governing body of an institution within the further education sector the main site of which is situated in the authority's area;

(fe)the Secretary of State, in relation to the Secretary of State's functions under section 2 of the Employment and Training Act 1973.”;

(b)omit paragraph (g).

(3)After subsection (5) insert—

“(5A)For the purposes of arrangements under this section a relevant person or body may—

(a)provide staff, goods, services, accommodation or other resources to another relevant person or body;

(b)make contributions to a fund out of which relevant payments may be made.”

(4)Omit subsections (6) and (7).

(5)After subsection (9) insert—

“(10)In deciding for the purposes of subsection (4)(fd) whether the main site of an institution within the further education sector is situated within the area of a children's services authority, the authority and the governing body of the institution must have regard to any guidance given to them by the Secretary of State.

(11)In this section—

Textual Amendments

Commencement Information

I130S. 193(1) (2)(a) (3)-(5) in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

I131S. 193(2)(b) in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

194Children's Trust BoardsE+W

(1)Part 2 of the Children Act 2004 (c. 31) (children's services in England) is amended as set out in subsections (2) to (5).

(2)After section 12 insert—

“Children's Trust BoardsE+W
12AEstablishment of CTBs

(1)Arrangements made by a [F311local authority] in England under section 10 must include arrangements for the establishment of a Children's Trust Board for their area.

(2)A Children's Trust Board must include a representative of each of the following—

(a)the establishing authority;

(b)each of the establishing authority's relevant partners (subject to subsection (4)).

(3)A Children's Trust Board may also include any other persons or bodies that the establishing authority, after consulting each of their relevant partners, think appropriate.

(4)A Children's Trust Board need not include any of the establishing authority's relevant partners who are of a description prescribed by regulations made by the Secretary of State.

(5)Subsection (2) does not require a Children's Trust Board to include a separate representative for each of the persons or bodies mentioned in subsection (2)(a) and (b).

(6)Where two or more [F311local authorities] jointly make arrangements under section 10 for the establishment of a Children's Trust Board, references in sections 12B and 17 to the area of the authority that established the Board are to be read as references to an area consisting of the combined areas of those authorities.

(7)For the purposes of this section and sections 12B and 12C—

(a)“the establishing authority”, in relation to a Children's Trust Board, is the [F311local authority] that establishes the Board;

(b)a person or body is a “relevant partner” of a [F311local authority] if it is a relevant partner of the authority for the purposes of section 10.

12BFunctions and procedures of CTBs

(1)The functions of a Children's Trust Board are—

(a)those conferred by or under section 17 or 17A (children and young people's plans);

(b)any further functions conferred by regulations made by the Secretary of State.

(2)Regulations under subsection (1)(b) may confer a function on a Children's Trust Board only if the function relates to improving the well-being of children or relevant young persons in the area of the establishing authority.

(3)In subsection (2) “well-being” means well-being so far as relating to one or more of the matters specified in section 10(2)(a) to (e).

(4)A Children's Trust Board must have regard to any guidance given to it by the Secretary of State in connection with—

(a)the procedures to be followed by it;

(b)the exercise of its functions.

(5)In this section “relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made.

12CFunding of CTBs

(1)The establishing authority and any of their relevant partners represented on a Children's Trust Board may make payments towards expenditure incurred by, or for purposes connected with, the Board—

(a)by making the payments directly; or

(b)by contributing to a fund out of which the payments may be made.

(2)The establishing authority and any of their relevant partners represented on a Children's Trust Board may provide staff, goods, services, accommodation or other resources for purposes connected with the functions of the Board.

(3)Two or more Children's Trust Boards may establish and maintain a pooled fund for the purposes of any of their functions.

(4)A pooled fund is a fund—

(a)which is made up of contributions by the Boards concerned, and

(b)out of which payments may be made towards expenditure incurred in the discharge of functions of any of the Boards.

12DSupply of information to CTBs

(1)A person or body represented on a Children's Trust Board must supply to the Board any information requested by the Board for the purpose of enabling or assisting it to perform its functions.

(2)Information supplied to a Children's Trust Board under this section may be used by the Board only for the purpose of enabling or assisting it to perform its functions.

(3)Information requested under subsection (1) must be information that relates to—

(a)the person or body to whom the request is made;

(b)a function of that person or body, or

(c)a person in respect of whom a function is exercisable by that person or body.”

(3)For section 17 substitute—

“17Children and young people's plans

(1)The Secretary of State may by regulations require a Children's Trust Board established by virtue of arrangements under section 10 from time to time to prepare and publish a children and young people's plan.

(2)A children and young people's plan is a plan setting out the strategy of the persons or bodies represented on the Board for co-operating with each other with a view to improving the well-being of children and relevant young persons in the area of the authority that established the Board.

(3)In subsection (2) “well-being” means well-being so far as relating to the matters specified in section 10(2)(a) to (e).

(4)Regulations under this section may in particular make provision as to—

(a)the matters to be dealt with in a children and young people's plan;

(b)the period to which a children and young people's plan is to relate;

(c)when and how a children and young people's plan must be published;

(d)keeping a children and young people's plan under review;

(e)revising a children and young people's plan;

(f)consultation to be carried out during preparation or revision of a children and young people's plan;

(g)other steps required or permitted to be taken in connection with the preparation or revision of a children and young people's plan.

(5)In this section “relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made.

17AChildren and young people's plans: implementation

(1)This section applies where a Children's Trust Board prepares a children and young people's plan in accordance with regulations under section 17.

(2)The persons and bodies whose strategy for co-operation is set out in the plan must have regard to the plan in exercising their functions.

(3)The Board must—

(a)monitor the extent to which the persons and bodies whose strategy for co-operation is set out in the plan are acting in accordance with the plan;

(b)prepare and publish an annual report about the extent to which, during the year to which the report relates, those persons and bodies have acted in accordance with the plan.”

(4)In section 18(2) (functions of [F312local authority] exercisable by director of children's services) in paragraph (d) for “and 17” substitute “ , 12C, 12D and 17A ”.

(5)In section 23(3) (sections 20 to 22: meaning of “children's services”) in paragraph (b) for “13” substitute “ 12B ”.

(6)In section 50(2) of the Children Act 2004 (c. 31) (intervention: relevant functions) in paragraph (c) for “and 17” substitute “ , 12C, 12D and 17A ”.

(7)In section 66(3) of that Act (regulations and orders subject to affirmative procedure) after “12” insert “ , 12B(1)(b) ”.

(8)In section 47A of the School Standards and Framework Act 1998 (schools forums)—

(a)after subsection (3) insert—

“(3A)In exercising its functions, a schools forum is to have regard to any children and young people's plan prepared by the local Children's Trust Board.”;

(b)after subsection (9) insert—

“(10)In this section—

(a)a “children and young people's plan” means a plan published by a Children's Trust Board under section 17 of the Children Act 2004;

(b)“the local Children's Trust Board”, in relation to a schools forum, is the Children's Trust Board established by arrangements made under section 10 of that Act by the relevant authority F313....”

(9)In section 21 of the Education Act 2002 (c. 32)—

(a)in subsection (9) for paragraph (a) (but not the “and” immediately after it) substitute—

“(a)in relation to a school in England, any plan published by the relevant Children's Trust Board under section 17 of the Children Act 2004 (children and young people's plans: England),”;

(b)after subsection (9) insert—

“(10)In subsection (9)(a), “the relevant Children's Trust Board” means the Children's Trust Board established by arrangements made under section 10 of the Children Act 2004 by the [F120local authority] F314....”

Textual Amendments

Commencement Information

I132S. 194(1)(2)(3) in force at 26.2.2010 for specified purposes by S.I. 2010/303, art. 2, Sch. 1 (with arts. 9-11)

I133S. 194(1)-(3) in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

I134S. 194(4)-(9) in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-12)

Safeguarding and promoting the welfare of childrenE+W

195Targets for safeguarding and promoting the welfare of childrenE+W

(1)Before section 10 of the Children Act 2004 (c. 31) insert—

“9ATargets for safeguarding and promoting the welfare of children

(1)The Secretary of State may, in accordance with regulations, set safeguarding targets for a children's services authority in England.

(2)The regulations may, in particular—

(a)make provision about matters by reference to which safeguarding targets may, or must, be set;

(b)make provision about periods to which safeguarding targets may, or must, relate;

(c)make provision about the procedure for setting safeguarding targets;

(d)specify requirements with which a children's services authority in England must comply in connection with the setting of safeguarding targets.

(3)In exercising their functions, a children's services authority in England must act in the manner best calculated to secure that any safeguarding targets set under this section (so far as relating to the area of the authority) are met.

(4)“Safeguarding targets”, in relation to a children's services authority in England, are targets for safeguarding and promoting the welfare of children in the authority's area.”

(2)In section 66 of that Act (regulations and orders)—

(a)in subsection (4) after “containing” insert “ the first regulations under section 9A or ”;

(b)in subsection (5)(a) for “to which subsection (3) does not apply” substitute “ to which neither of subsections (3) and (4) applies ”.

(3)In Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (social services functions) in the entry relating to the Children Act 2004—

(a)in the first column, after “Sections” insert “ 9A, ”;

(b)in the second column, after “to” insert “ targets for safeguarding and promoting the welfare of children, and to ”.

Commencement Information

I135S. 195 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

196Local Safeguarding Children Boards: lay membersE+W

(1)Part 2 of the Children Act 2004 is amended as follows.

(2)In section 13 (establishment of LSCBs) after subsection (5) insert—

“(5A)A [F315local authority] in England must take reasonable steps to ensure that the Local Safeguarding Children Board established by them also includes two persons who appear to the authority to be representative of persons living in the authority's area.

(5B)An authority may pay remuneration, allowances and expenses to persons who are included by virtue of subsection (5A) in a Local Safeguarding Children Board established by them.”

(3)In section 14 (functions and procedures of LSCBs) in subsection (1)(a) after “the Board” insert “ by virtue of section 13(2), (4) or (5) ”.

Textual Amendments

Commencement Information

I136S. 196 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

197Local Safeguarding Children Boards: annual reportsE+W

After section 14 of the Children Act 2004 (c. 31) insert—

“14ALSCBs: annual reports

(1)At least once in every 12 month period, a Local Safeguarding Children Board established under section 13 must prepare and publish a report about safeguarding and promoting the welfare of children in its local area.

(2)The Board must submit a copy of the report to the local Children's Trust Board.

(3)For the purposes of this section—

(a)the local area of a Local Safeguarding Children Board is the area of the [F316local authority] that established the Board;

(b)the local Children's Trust Board, in relation to a Local Safeguarding Children Board, is the Children's Trust Board established for the Board's local area.”

Textual Amendments

Commencement Information

I137S. 197 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Children's centresE+W

198Arrangements for children's centresE+W

In Part 1 of the Childcare Act 2006 (c. 21) (functions of local authorities in England in relation to children) after section 5 insert— “Children's centres

5AArrangements for provision of children's centres

(1)Arrangements made by an English local authority under section 3(2) must, so far as is reasonably practicable, include arrangements for sufficient provision of children's centres to meet local need.

(2)“Local need” is the need of parents, prospective parents and young children in the authority's area.

(3)In determining what provision of children's centres is sufficient to meet local need, an authority may have regard to any children's centres—

(a)that are provided outside the authority's area, or

(b)that the authority expect to be provided outside their area.

(4)For the purposes of this Part and Part 3A a “children's centre” is a place, or a group of places—

(a)which is managed by or on behalf of, or under arrangements made with, an English local authority, with a view to securing that early childhood services in their area are made available in an integrated manner,

(b)through which each of the early childhood services is made available, and

(c)at which activities for young children are provided, whether by way of early years provision or otherwise.

(5)For the purposes of this section, a service is made available—

(a)by providing the service, or

(b)by providing advice and assistance to parents and prospective parents on gaining access to the service.

(6)Guidance given under section 3(6) in respect of arrangements made under section 3(2) by virtue of subsection (1) of this section may, in particular, relate to—

(a)circumstances in which any early childhood services should be made available through children's centres as mentioned in subsection (5)(a);

(b)circumstances in which any early childhood services should be made available through children's centres as mentioned in subsection (5)(b).

(7)A children's centre provided by virtue of arrangements made by an English local authority under section 3(2) is to be known as a Sure Start Children's Centre.

5BChildren's centres: staffing, organisation and operation

(1)Regulations may make provision about the staffing, organisation and operation of children's centres.

(2)The regulations may in particular—

(a)require English local authorities to secure that children's centres have governing bodies;

(b)impose obligations and confer powers on any such governing bodies.

5CChildren's centres: advisory boards

(1)This section applies where arrangements made by an English local authority under section 3(2) include arrangements for the provision of one or more children's centres.

(2)The authority must make arrangements to secure that each of the children's centres is within the remit of an advisory board.

(3)A children's centre is within the remit of an advisory board if it is specified in relation to the board by the responsible authority.

(4)An advisory board must provide advice and assistance for the purpose of ensuring the effective operation of the children's centres within its remit.

(5)An advisory board must include persons representing the interests of—

(a)each children's centre within its remit;

(b)the responsible authority;

(c)parents or prospective parents in the responsible authority's area.

(6)An advisory board may also include persons representing the interests of any other persons or bodies that the responsible authority think appropriate.

(7)In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

(8)The guidance may in particular relate to—

(a)the membership of advisory boards;

(b)the organisation and operation of advisory boards.

(9)The “responsible authority”, in relation to an advisory board in respect of which arrangements have been made under subsection (2), is the authority that made the arrangements.

5DChildren's centres: consultation

(1)An English local authority must secure that such consultation as they think appropriate is carried out—

(a)before making arrangements under section 3(2) for the provision of a children's centre;

(b)before any significant change is made in the services provided through a relevant children's centre;

(c)before anything is done that would result in a relevant children's centre ceasing to be a children's centre.

(2)In discharging their duty under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

(3)For the purposes of this section a change in the manner in which, or the location at which, services are provided is to be treated as a change in the services.

(4)A “relevant children's centre”, in relation to an authority, is a children's centre provided by virtue of arrangements made by the authority under section 3(2).

5EDuty to consider providing services through a children's centre

(1)This section applies where arrangements made by an English local authority under section 3(2) include arrangements for the provision of one or more children's centres.

(2)The authority must consider whether each of the early childhood services to be provided by them should be provided through any of those children's centres.

(3)Each relevant partner of the authority must consider whether each of the early childhood services to be provided by it in the authority's area should be provided through any of those children's centres.

(4)In discharging their duties under this section, the authority and each relevant partner must take into account whether providing a service through any of the children's centres in question would—

(a)facilitate access to it, or

(b)maximise its benefit to parents, prospective parents and young children.

(5)In discharging their duties under this section, an English local authority and each of their relevant partners must have regard to any guidance given from time to time by the Secretary of State.

(6)For the purposes of this section, early childhood services are provided by a person or body if they are provided on behalf of, or under arrangements made with, that person or body.

(7)For the avoidance of doubt, nothing in this section is to be taken as preventing an English local authority or any of their relevant partners from providing early childhood services otherwise than through a children's centre.

5FChildren's centres: transitional provision

(1)This section applies if immediately before the commencement date an English local authority has made arrangements for the provision of a children's centre.

(2)To the extent that this would not otherwise be the case, the arrangements are to be treated for the purposes of this Part and Part 3A as made under section 3(2).

(3)“The commencement date” is the day on which section 198 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.

5GChildren's centres: interpretation

In sections 5A to 5F—

199Inspection of children's centresE+W

After Part 3 of the Childcare Act 2006 (c. 21) (regulation of provision of childcare in England) insert— “Part 3AInspection of children's centres

98AInspections

(1)The Chief Inspector must—

(a)inspect a children's centre at such intervals as may be prescribed;

(b)inspect a children's centre at any time when the Secretary of State requires the Chief Inspector to secure its inspection.

(2)The Chief Inspector may inspect a children's centre at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.

(3)Regulations may provide that in prescribed circumstances the Chief Inspector is not required to inspect a children's centre at an interval prescribed for the purposes of subsection (1)(a).

(4)A requirement made by the Secretary of State as mentioned in subsection (1)(b) may be imposed in relation to—

(a)children's centres generally;

(b)a class of children's centres;

(c)a particular children's centre.

(5)For the purposes of subsection (4)(b) a class of children's centres may be described, in particular, by reference to a geographical area.

(6)If the Chief Inspector so elects in the case of an inspection falling within subsection (1)(b) or (2), that inspection is to be treated as if it were an inspection falling within subsection (1)(a).

98BReports

(1)After conducting an inspection of a children's centre under section 98A, the Chief Inspector must make a report in writing.

(2)The report must address the centre's contribution to—

(a)facilitating access to early childhood services by parents, prospective parents and young children;

(b)maximising the benefit of those services to parents, prospective parents and young children;

(c)improving the well-being of young children.

(3)Regulations may make provision, for the purposes of subsection (2), about—

(a)matters required to be dealt with in the report;

(b)matters not required to be dealt with in the report.

(4)The regulations may, in particular, require the matters dealt with in the report to include matters relating to the quality of the leadership and management of the centre, including whether the financial resources made available to it are managed effectively.

(5)The Chief Inspector—

(a)may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy;

(b)must ensure that a copy of the report is sent without delay to the relevant local authority;

(c)may arrange for the report (or parts of it) to be further published in any manner the Chief Inspector considers appropriate.

(6)For the purposes of this section and section 98C, the “relevant local authority”, in relation to a children's centre, is the English local authority that made the arrangements under section 3(2) by virtue of which the centre is provided.

98CAction to be taken by local authority on receiving report

(1)This section applies where a copy of a report relating to a children's centre is sent to the relevant local authority under section 98B(5)(b).

(2)The authority may—

(a)send a copy of the report (or parts of it) to any person they think appropriate;

(b)otherwise publish the report (or parts of it) in any manner they think appropriate.

(3)The authority must secure that a written statement within subsection (4) is prepared and published.

(4)A statement within this subsection is one setting out—

(a)the action that each relevant person proposes to take in the light of the report, and

(b)the period within which each relevant person proposes to take that action.

(5)For the purposes of this section and section 98D, each of the following is a relevant person in relation to a children's centre—

(a)the relevant local authority;

(b)any person or body, other than the relevant local authority, managing the centre.

(6)In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

98DInspections of children's centres: powers of entry

(1)The Chief Inspector may, at any reasonable time, enter any relevant premises in England for the purpose of conducting an inspection of a children's centre under section 98A.

(2)“Relevant premises”, for the purposes of subsection (1), are—

(a)premises on which services or activities are being provided through the children's centre;

(b)premises of a relevant person which are used in connection with the staffing, organisation or operation of the children's centre.

(3)But premises used wholly or mainly as a private dwelling are not relevant premises for the purposes of subsection (1).

(4)An authorisation given by the Chief Inspector under paragraph 9(1) of Schedule 12 to the Education and Inspections Act 2006 in relation to functions under subsection (1)—

(a)may be given for a particular occasion or period;

(b)may be given subject to conditions.

(5)Subject to any conditions imposed under subsection (4)(b), subsections (6) to (8) apply where a person (“the inspector”) enters premises under this section.

(6)The inspector may—

(a)inspect the premises;

(b)take measurements and photographs or make recordings;

(c)inspect any children for whom activities are provided on the premises, and the arrangements made for their welfare;

(d)interview in private any person working on the premises who consents to be interviewed.

(7)The inspector may inspect, and take copies of, any records or documents relating to—

(a)the services or activities provided through the children's centre;

(b)the staffing, organisation or operation of the children's centre.

(8)The inspector may require a person to afford such facilities and assistance, with respect to matters within the person's control, as are necessary to enable the inspector to exercise the powers conferred by this section.

(9)Section 58 of the Education Act 2005 (inspection of computer records) applies for the purposes of this section as it applies for the purposes of Part 1 of that Act.

(10)In this section “documents” and “records” each include information recorded in any form.

98EObstruction of power of entry, etc.

(1)A person commits an offence if the person intentionally obstructs another person exercising a power under section 98D.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

98FPower of constable to assist in exercise of power of entry

(1)The Chief Inspector may apply to a court for a warrant under this section.

(2)Subsection (3) applies if on an application under subsection (1) it appears to the court that the Chief Inspector—

(a)has attempted to exercise a power conferred by section 98D but has been prevented from doing so, or

(b)is likely to be prevented from exercising any such power.

(3)The court may issue a warrant authorising any constable to assist the Chief Inspector in the exercise of the power, using reasonable force if necessary.

(4)A warrant under this section must be addressed to, and executed by, a constable.

(5)Schedule 11 to the Children Act 1989 (jurisdiction of courts) applies in relation to proceedings under this section as if they were proceedings under that Act.

(6)Subject to any provision made (by virtue of subsection (5)) by or under Schedule 11 to the Children Act 1989, “court” in this section means—

(a)the High Court;

(b)a county court;

(c)a magistrates' court.

98GInspection of children's centres: interpretation

In sections 98A to 98F—

200Children's centres: safeguarding childrenE+W

In paragraph 3(1) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (c. 47) (regulated activities relating to children: establishments) after paragraph (f) insert—

“(fa)a children's centre (within the meaning of section 5A(4) of the Childcare Act 2006);”.

Arrangements in respect of early childhood servicesE+W

201Arrangements in respect of early childhood servicesE+W

In section 3 of the Childcare Act 2006 (c. 21) (specific duties of local authority in relation to early childhood services) after subsection (4) insert—

“(4A)In deciding what arrangements to make under this section, an English local authority must in particular have regard to—

(a)the quantity and quality of early childhood services that are provided, or that the authority expect to be provided, in their area, and

(b)where in that area those services are provided or are expected to be provided.”

Early years provision: budgetary frameworkE+W

202Free of charge early years provision: budgetary framework: EnglandE+W

(1)The School Standards and Framework Act 1998 (c. 31) is amended as follows.

(2)In section 45A (determination of specified budgets of [F120local authority]), after subsection (4A) insert—

“(4B)For the purposes of this Part, the duty imposed on a local authority in England by section 7(1) of the Childcare Act 2006 (duty to secure prescribed early years provision free of charge) is to be treated as imposed on the authority in their capacity as a [F120local authority].”

(3)After section 47 (determination of school's budget share) insert—

“47ZAFree of charge early years provision outside a maintained school: budgetary framework: England

(1)This section applies where a [F120local authority] in England propose to allocate an amount of relevant financial assistance to a relevant childcare provider for a funding period out of the authority's individual schools budget for the period.

(2)The amount to be allocated is to be determined in accordance with regulations.

(3)Financial assistance provided by a [F120local authority] in England to a childcare provider is “relevant” financial assistance if it is provided—

(a)for the purpose of the discharge of the authority's duty under section 7 of the Childcare Act 2006, and

(b)in respect of the provision of childcare.

(4)Regulations under this section may, in particular—

(a)specify factors or criteria which an authority are to take into account in determining the amount of any relevant financial assistance to be provided by them to a relevant childcare provider;

(b)specify factors or criteria which an authority are to disregard in determining such an amount;

(c)specify requirements as to other matters with which an authority are to comply in determining such an amount;

(d)make provision about consultation to be carried out by an authority in connection with determining such an amount;

(e)authorise an authority, in prescribed circumstances and to a prescribed extent, to determine such an amount in accordance with arrangements approved by the Secretary of State (instead of in accordance with arrangements provided for by the regulations);

(f)require an authority to provide relevant childcare providers with prescribed information relating to their determination of such an amount;

(g)make provision about the circumstances in which an authority are required to redetermine such an amount;

(h)specify a time by which an authority's determination of such an amount is to take place.

(5)For the purposes of this section—

(a)“childcare” has the meaning given in section 18 of the Childcare Act 2006;

(b)“relevant childcare provider” means a provider of childcare other than the governing body of a maintained school;

(c)a reference to an authority's determination of the amount of any relevant financial assistance includes a reference to the authority's redetermination of such an amount.”

Textual Amendments

Commencement Information

I138S. 202(1)(2) in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

I139S. 202(3) in force at 28.2.2011 by S.I. 2010/2374, art. 3

Part 10E+WSchools

Chapter 1E+WSchools causing concern

Schools causing concern: EnglandE+W

203Powers in relation to schools causing concern: EnglandE+W

Schedule 13 makes provision in relation to schools causing concern in England.

Commencement Information

I140S. 203 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

204Power to require [F121local authorities] in England to obtain advisory servicesE+W

(1)Section 62A of the Education Act 2002 (power of Secretary of State to require [F121local authorities] in England to obtain advisory services) is amended as follows.

(2)After subsection (1) insert—

“(1A)This section also applies where it appears to the Secretary of State that—

(a)a [F120local authority] in England maintain a disproportionate number of low-performing schools, and

(b)the authority—

(i)have not been effective or are unlikely to be effective in securing an improvement in the standards of performance of pupils at those schools, or

(ii)are unlikely to be effective in securing an improvement in the standards of performance of pupils at other schools which may in the future be low-performing schools.

(1B)In subsection (1A) “low-performing school” means a school at which the standards of performance of pupils are unacceptably low.

(1C)For the purposes of subsection (1B) the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following—

(a)the standards that the pupils might in all the circumstances reasonably be expected to attain;

(b)where relevant, the standards previously attained by them;

(c)the standards attained by pupils at comparable schools.”

(3)In subsection (4) after “section” insert—

“ “pupil” has the same meaning as in the Education Act 1996 (see sections 3 and 19(5) of that Act);”.

Textual Amendments

Commencement Information

I141S. 204 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

Schools causing concern: WalesE+W

F317205Powers in relation to schools causing concern: WalesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Chapter 2E+WComplaints: England

F318206Complaints to which this Chapter appliesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F318207Power of Local Commissioner to investigate complaintE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F318208Time-limit etc for making complaintE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F318209Procedure in respect of investigationsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F318210Investigations: further provisionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F318211Statements about investigationsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F318212Adverse findings noticesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F318213Publication of statements etc. by Local CommissionerE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F318214Disclosure of informationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F318215Permitted disclosures of information by Local CommissionerE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F318216Law of defamationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F318217Consultation with Parliamentary Commissioner for AdministrationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F318218Arrangements etc. to be made by CommissionE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F318219Annual reportsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F318220Secretary of State's power of directionE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F318221Disapplication of certain powers of Secretary of StateE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F318222Power to amend meaning of “qualifying school”E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F318223Amendments consequential on Chapter 2E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F318224Interpretation of Chapter 2E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318Ss. 206-224 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(1), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

Chapter 3E+WInspections

225Interim statementsE+W

(1)The Education Act 2005 (c. 18) is amended as follows.

(2)After section 10 insert—

“"10AInterim statements between inspections

(1)The Chief Inspector may make a statement (an “interim statement”) about a school in England to which section 5 applies.

(2)An interim statement is a statement—

(a)that the Chief Inspector is of the opinion that it is not necessary for the school to be inspected under section 5 for at least a year after the date on which the statement is made,

(b)setting out the Chief Inspector's reasons for forming that opinion, and

(c)containing such other information (if any) as the Chief Inspector considers appropriate.

(3)The Chief Inspector may arrange for an interim statement to be published in such manner as the Chief Inspector considers appropriate.

(4)Section 151 of the Education and Inspections Act 2006 (publication of inspection reports: privilege and electronic publication) applies in relation to an interim statement as it applies in relation to a report.”

(3)In the italic heading before section 14 after “reports” insert “ and interim statements ”.

(4)After section 14 insert—

“14ADestination of interim statements: maintained schools

(1)The Chief Inspector must ensure that a copy of any interim statement about a maintained school is sent without delay to the appropriate authority for the school.

(2)The Chief Inspector must ensure that copies of the statement are sent—

(a)to the head teacher of the school,

(b)to whichever of the [F120local authority] and the governing body are not the appropriate authority, and

(c)in the case of a school having foundation governors, to the person who appoints them and (if different) to the appropriate appointing authority.

(3)If the school provides full-time education suitable to the requirements of pupils over compulsory school age, the Chief Inspector must ensure that a copy of the statement is also sent to the Young People's Learning Agency for England.

(4)The appropriate authority must—

(a)make a copy of any statement sent to the authority under subsection (1) available for inspection by members of the public at such times and at such places as may be reasonable,

(b)provide one copy of the statement free of charge to any person who asks for one, and

(c)take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement within such period following receipt of the statement by the authority as may be prescribed.”

(5)In the italic heading before section 16 after “reports” insert “ and interim statements ”.

(6)After section 16 insert—

“16ADestination of interim statements: non-maintained schools

(1)The Chief Inspector must ensure that a copy of any interim statement about a school other than a maintained school is sent without delay to the proprietor of the school.

(2)In the case of a special school which is not a community or foundation special school, the proprietor must without delay send a copy of any interim statement sent to the proprietor under subsection (1) to any [F120local authority] that are paying fees in respect of the attendance of a registered pupil at the school.

(3)The proprietor of the school must—

(a)make any statement sent to the proprietor under subsection (1) available for inspection by members of the public at such times and at such place as may be reasonable,

(b)provide one copy of the statement free of charge to any person who asks for one, and

(c)take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement within such period following receipt of the statement by the proprietor as may be prescribed.”

(7)In section 18 (interpretation of Chapter) after the definition of “the Chief Inspector” insert—

““interim statement” means an interim statement under section 10A;”.

Textual Amendments

Commencement Information

I142S. 225 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch.

I143S. 225 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

226Powers of persons providing administrative support in connection with inspectionsE+W

(1)Part 2 of Schedule 12 to the Education and Inspections Act 2006 (c. 40) (inspectors etc acting on behalf of Chief Inspector) is amended as follows.

(2)In paragraph 9(1) (delegation of functions), after paragraph (c) insert “or

(d)any inspection administrator,”, (and omit “or” at the end of paragraph (b)).

(3)In paragraph 9(2)(a) for “and 11(4)” substitute “ , 11(4) and 11A(3) ”.

(4)In paragraph 10(1) (inspectors etc to have necessary qualifications, experience and skills), after paragraph (c) insert “or

(d)an inspection administrator,”, (and omit “or” at the end of paragraph (b)).

(5)After paragraph 11 insert—

“11A“Inspection administrators

(1)The Chief Inspector may enter into arrangements with inspection service providers under which they provide the services of persons to provide administrative support in connection with the carrying out of inspections.

(2)A person providing administrative support in pursuance of arrangements under sub-paragraph (1) is to be known as an inspection administrator.

(3)The Chief Inspector may not authorise an inspection administrator to conduct an inspection.”

Commencement Information

I144S. 226 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

Chapter 4E+WSchool Support Staff Pay and Conditions: England

The SSSNBE+W

F319227The School Support Staff Negotiating BodyE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F319Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

F319228Matters within SSSNB's remitE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F319Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

Consideration of matter by SSSNBE+W

F319229Referral of matter to SSSNB for considerationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F319Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

F319230Consideration of other matters by SSSNBE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F319Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

Powers of Secretary of State on submission of SSSNB agreementE+W

F319231Agreement submitted by SSSNB under section 229 or 230E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F319Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

Reconsideration by SSSNBE+W

F319232Reconsideration of agreement by SSSNBE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F319Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

F319233SSSNB's submission of agreement following reconsideration: powers of Secretary of StateE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F319Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

Powers of Secretary of State in absence of SSSNB agreementE+W

F319234Powers of Secretary of State in absence of SSSNB agreementE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F319Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

OrdersE+W

F319235Effect of order ratifying SSSNB agreementE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F319Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

F319236Effect of order making provision otherwise than in terms of SSSNB agreementE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F319Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

F319237Orders: supplementaryE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F319Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

GuidanceE+W

F319238GuidanceE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F319Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

GeneralE+W

F319239Non-statutory School Support Staff Negotiating BodyE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F319Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

F319240“School support staff”E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F319Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

F319241General interpretationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F319Ss. 227-241 repealed (1.2.2012) by Education Act 2011 (c. 21), ss. 18(1), 82(3); S.I. 2012/84, art. 3

Part 11E+WLearners

Power to search for prohibited itemsE+W

242Power of members of staff to search pupils for prohibited items: EnglandE+W

(1)After section 550A of the Education Act 1996 (c. 56) insert—

“Powers to search pupilsE+W
550ZAPower of members of staff to search pupils for prohibited items: England

(1)This section applies where a member of staff of a school in England—

(a)has reasonable grounds for suspecting that a pupil at the school may have a prohibited item with him or her or in his or her possessions; and

(b)falls within section 550ZB(1).

(2)The member of staff may search the pupil (“P”) or P's possessions for that item.

(3)For the purposes of this section and section 550ZC each of the following is a “prohibited item”—

(a)an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);

(b)an offensive weapon, within the meaning of the Prevention of Crime Act 1953;

(c)alcohol, within the meaning of section 191 of the Licensing Act 2003;

(d)a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for P to have in P's possession;

(e)a stolen article;

(f)an article of a kind specified in regulations.

(4)In subsection (3)(e) “stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 in the provisions of that Act relating to goods which have been stolen.

(5)In this section and section 550ZB—

(6)The powers conferred by this section and sections 550ZB and 550ZC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers.

550ZBPower of search under section 550ZA: supplementary

(1)A person may carry out a search under section 550ZA only if that person—

(a)is the head teacher of the school; or

(b)has been authorised by the head teacher to carry out the search.

(2)An authorisation for the purposes of subsection (1)(b) may be given in relation to—

(a)searches under section 550ZA generally;

(b)a particular search under that section;

(c)a particular description of searches under that section.

(3)Nothing in any enactment, instrument or agreement shall be construed as authorising a head teacher of a school in England to require a person other than a member of the security staff of the school to carry out a search under section 550ZA.

(4)A search under section 550ZA may be carried out only where—

(a)the member of staff and P are on the premises of the school; or

(b)they are elsewhere and the member of staff has lawful control or charge of P.

(5)A person exercising the power in section 550ZA may use such force as is reasonable in the circumstances for exercising that power.

(6)A person carrying out a search of P under section 550ZA—

(a)may not require P to remove any clothing other than outer clothing;

(b)must be of the same sex as P;

(c)may carry out the search only in the presence of another member of staff; and

(d)must ensure that the other member of staff is of the same sex as P if it is reasonably practicable to do so.

(7)P's possessions may not be searched under section 550ZA except in the presence of—

(a)P; and

(b)another member of staff.

(8)In this section—

550ZCPower to seize items found during search under section 550ZA

(1)A person carrying out a search under section 550ZA may seize any of the following found in the course of the search—

(a)anything which that person has reasonable grounds for suspecting is a prohibited item;

(b)any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence.

(2)A person exercising the power in subsection (1) may use such force as is reasonable in the circumstances for exercising that power.

(3)A person who seizes alcohol under subsection (1) may retain or dispose of the alcohol and its container.

(4)A person who seizes a controlled drug under subsection (1)—

(a)must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but

(b)may dispose of it if the person thinks that there is a good reason to do so.

(5)A person who seizes a stolen article under subsection (1)—

(a)must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but

(b)may return it to its owner (or, if returning it to its owner is not practicable, may retain it or dispose of it) if the person thinks that there is a good reason to do so.

(6)In determining, for the purposes of subsections (4) and (5), whether there is a good reason to dispose of a controlled drug or to return a stolen article to its owner, retain it or dispose of it, the person must have regard to any guidance issued by the Secretary of State.

(7)Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 550ZA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article).

(8)A person who, under subsection (1), seizes—

(a)an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);

(b)an offensive weapon; or

(c)anything which that person has reasonable grounds for suspecting is evidence in relation to an offence;

must deliver it to a police constable as soon as reasonably practicable.

(9)Subsection (8)(c) is subject to subsections (3), (4) and (5) and regulations made under subsection (7).

(10)In subsections (3) to (8), references to alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies and an offensive weapon include references to anything which the person has reasonable grounds for suspecting is alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies or an offensive weapon.

550ZDSection 550ZC: supplementary

(1)The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 550ZC(4)(a), (5)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.

(2)Subsection (3) applies where a person—

(a)seizes, retains or disposes of alcohol or its container, a controlled drug or a stolen article under section 550ZC; and

(b)proves that the seizure, retention or disposal was lawful.

(3)That person is not liable in any proceedings in respect of—

(a)the seizure, retention or disposal; or

(b)any damage or loss which arises in consequence of it.

(4)Subsections (2) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections.

(5)Regulations under section 550ZC(7) may make provision corresponding to any provision of this section.”

(2)In section 569 of the Education Act 1996 (c. 56) (regulations)—

(a)in subsection (2) after “this Act,” insert “ other than one falling within subsection (2A), ”, and

(b)after subsection (2) insert—

“(2A)A statutory instrument which contains (whether alone or with other provision) regulations under section 550ZA or 550ZC may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

(3)In section 94(3) of the Education and Inspections Act 2006 (c. 40) (provision to apply where items confiscated from pupils) before “550AA” insert “ 550ZC or ”.

Commencement Information

I145S. 242 in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11) (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

243Power of members of staff to search pupils for weapons: WalesE+W

(1)Section 550AA of the Education Act 1996 (c. 56) (power of members of staff to search pupils for weapons) is amended as follows.

(2)At the end of the title insert “ : Wales ”.

(3)In each of subsections (1) and (4) after “a school” insert “ in Wales ”.

Commencement Information

I146S. 243 in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11) (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

244Power of members of staff to search students for prohibited items: EnglandE+W

(1)After section 85A of the Further and Higher Education Act 1992 (c. 13) insert—

“85AAPower of members of staff to search students for prohibited items: England

(1)This section applies where a member of staff of an institution within the further education sector in England—

(a)has reasonable grounds for suspecting that a student at the institution may have a prohibited item with him or her or in his or her possessions; and

(b)falls within section 85AB(1).

(2)The member of staff may search the student (“S”) or S's possessions for that item (but this is subject to subsection (5)).

(3)For the purposes of this section and section 85AC each of the following is a “prohibited item”—

(a)an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);

(b)an offensive weapon, within the meaning of the Prevention of Crime Act 1953;

(c)alcohol, within the meaning of section 191 of the Licensing Act 2003;

(d)a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for S to have in S's possession;

(e)a stolen article;

(f)an article of a kind specified in regulations.

(4)In subsection (3)(e) “stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 in the provisions of that Act relating to goods which have been stolen.

(5)A member of staff may not under this section search S or S's possessions for alcohol if S is aged 18 or over.

(6)In this section and section 85AB—

(7)The powers conferred by this section and sections 85AB and 85AC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers.

85ABPower of search under section 85AA: supplementary

(1)A person may carry out a search under section 85AA only if that person—

(a)is the principal of the institution; or

(b)has been authorised by the principal to carry out the search.

(2)An authorisation for the purposes of subsection (1)(b) may be given in relation to—

(a)searches under section 85AA generally;

(b)a particular search under that section;

(c)a particular description of searches under that section.

(3)Nothing in any enactment, instrument or agreement shall be construed as authorising a principal of an institution within the further education sector in England to require a person other than a member of the security staff of the institution to carry out a search under section 85AA.

(4)A search under section 85AA may be carried out only where—

(a)the member of staff and S are on the premises of the institution; or

(b)they are elsewhere and the member of staff has lawful control or charge of S.

(5)A person exercising the power in section 85AA may use such force as is reasonable in the circumstances for exercising that power.

(6)A person carrying out a search of S under section 85AA—

(a)may not require S to remove any clothing other than outer clothing;

(b)must be of the same sex as S;

(c)may carry out the search only in the presence of another member of staff; and

(d)must ensure that the other member of staff is of the same sex as S if it is reasonably practicable to do so.

(7)S's possessions may not be searched under section 85AA except in the presence of—

(a)S; and

(b)another member of staff.

(8)In this section—

85ACPower to seize items found during search under section 85AA

(1)A person carrying out a search under section 85AA may seize any of the following found in the course of the search—

(a)anything which that person has reasonable grounds for suspecting is a prohibited item;

(b)any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence,

but may not seize alcohol from S under this section where S is aged 18 or over.

(2)A person exercising the power in subsection (1) may use such force as is reasonable in the circumstances for exercising that power.

(3)A person who seizes alcohol under subsection (1) may retain or dispose of the alcohol and its container.

(4)A person who seizes a controlled drug under subsection (1)—

(a)must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but

(b)may dispose of it if the person thinks that there is a good reason to do so.

(5)A person who seizes a stolen article under subsection (1)—

(a)must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but

(b)may return it to its owner (or, if returning it to its owner is not practicable, may retain it or dispose of it) if the person thinks that there is a good reason to do so.

(6)In determining, for the purposes of subsections (4) and (5), whether there is a good reason to dispose of a controlled drug or to return a stolen article to its owner, retain it or dispose of it, the person must have regard to any guidance issued by the Secretary of State.

(7)Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 85AA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article).

(8)A person who, under subsection (1), seizes—

(a)an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);

(b)an offensive weapon; or

(c)anything which that person has reasonable grounds for suspecting is evidence in relation to an offence;

must deliver it to a police constable as soon as reasonably practicable.

(9)Subsection (8)(c) is subject to subsections (3), (4) and (5) and regulations made under subsection (7).

(10)In subsections (3) to (8), references to alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies and an offensive weapon include references to anything which a person has reasonable grounds for suspecting is alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies or an offensive weapon.

85ADSection 85AC: supplementary

(1)The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 85AC(4)(a), (5)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.

(2)Subsection (3) applies where a person—

(a)seizes, retains or disposes of alcohol or its container, a controlled drug or a stolen article under section 85AC; and

(b)proves that the seizure, retention or disposal was lawful.

(3)That person is not liable in any proceedings in respect of—

(a)the seizure, retention or disposal; or

(b)any damage or loss which arises in consequence of it.

(4)Subsections (2) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections.

(5)Regulations under section 85AC(7) may make provision corresponding to any provision of this section.”

(2)In section 89 of the Further and Higher Education Act 1992 (c. 13) (regulations etc)—

(a)in subsection (3) after “other than” insert “ one falling within subsection (3A) or ”, and

(b)after subsection (3) insert—

“(3A)A statutory instrument which contains (whether alone or with other provision) regulations under section 85AA or 85AC may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

Commencement Information

I147S. 244 in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11) (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

245Power of members of staff to search students for weapons: WalesE+W

(1)Section 85B of the Further and Higher Education Act 1992 (power to search further education students for weapons) is amended as follows.

(2)At the end of the title insert “ : Wales ”.

(3)In subsection (1) after “an institution within the further education sector” insert “ in Wales ”.

Commencement Information

I148S. 245 in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11) (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

Prospective

Recording and reporting use of forceE+W

246Recording and reporting the use of force in schools: EnglandE+W

After section 93 of the Education and Inspections Act 2006 (c. 40) (power of members of staff to use force) insert—

“93ARecording and reporting the use of force by members of staff: England

(1)The governing body of a school in England must ensure that a procedure is in place for—

(a)recording each significant incident in which a member of the staff uses force on a pupil for whom education is being provided at the school (a “use of force incident”); and

(b)reporting each use of force incident (except those where the pupil is aged 20 or over or provision made under subsection (5) applies) to each parent of the pupil as soon as practicable after the incident.

(2)The governing body must take all reasonable steps to ensure that the procedure is complied with.

(3)The procedure must require that a record of a use of force incident is made in writing as soon as practicable after the incident.

(4)In discharging their duty under subsection (1), the governing body must have regard to any guidance issued by the Secretary of State for the purposes of that subsection.

(5)A procedure under subsection (1) must include provision to the effect—

(a)that a person (“R”) who would otherwise be required by the procedure to report an incident to a parent must not report it to that parent if it appears to R that doing so would be likely to result in significant harm to the pupil; and

(b)that if it appears to R that there is no parent of the pupil to whom R could report the incident without that being likely to result in significant harm to the pupil, R must report the incident to the local authority F320... within whose area the pupil is ordinarily resident.

(6)In deciding for the purposes of provision made under subsection (5) whether reporting an incident to a parent would be likely to result in significant harm to the pupil, R must have regard to any guidance issued by the Secretary of State about the meaning of “significant harm” for those purposes.

(7)In this section—

  • “governing body”, in relation to a school which is not a maintained school, means the proprietor of the school;

  • “maintained school” means—

    (a)

    a community, foundation or voluntary school;

    (b)

    a community or foundation special school;

    (c)

    a maintained nursery school;

  • “parent”, in relation to a pupil, has the meaning given by section 576 of EA 1996 in relation to a child or young person, but includes a local authority which provides accommodation for the pupil under section 20 of the Children Act 1989.”

Textual Amendments

247Recording and reporting the use of force in FE institutions: EnglandE+W

After section 85C of the Further and Higher Education Act 1992 (power of members of staff to use force) insert—

“85DRecording and reporting the use of force by members of staff: England

(1)The governing body of an institution within the further education sector in England must ensure that a procedure is in place for—

(a)recording each significant incident in which a member of the staff uses force on a student at the institution (a “use of force incident”); and

(b)reporting each use of force incident (except those where the student is aged 20 or over or provision made under subsection (5) applies) to each parent of the student as soon as practicable after the incident.

(2)The governing body must take all reasonable steps to ensure that the procedure is complied with.

(3)The procedure must require that a record of a use of force incident is made in writing as soon as practicable after the incident.

(4)In discharging their duty under subsection (1), the governing body must have regard to any guidance issued by the Secretary of State for the purposes of that subsection.

(5)A procedure under subsection (1) must include provision to the effect—

(a)that a person (“R”) who would otherwise be required by the procedure to report an incident to a parent must not report it to that parent if it appears to R that doing so would be likely to result in significant harm to the student; and

(b)that if it appears to R that there is no parent of the student to whom R could report the incident without that being likely to result in significant harm to the student, R must report the incident to the local authority F321... within whose area the student is ordinarily resident.

(6)In deciding for the purposes of provision made under subsection (5) whether reporting an incident to a parent would be likely to result in significant harm to the student, R must have regard to any guidance issued by the Secretary of State about the meaning of “significant harm” for those purposes.

(7)In this section, “parent”, in relation to a student, has the meaning given by section 576 of EA 1996 in relation to a child or young person, but includes a local authority which provides accommodation for the student under section 20 of the Children Act 1989.”

Textual Amendments

Prospective

School behaviour and attendance partnershipsE+W

F322248Co-operation with a view to promoting good behaviour, etc.: EnglandE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F322S. 248 repealed (15.1.2012) by Education Act 2011 (c. 21), ss. 6, 82(2)(a)

[F323Pupil referral units ]E+W

Textual Amendments

F323S. 249 cross-heading substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 51(3), 82(3); S.I. 2012/84, art. 2

249[F324Regulations about pupil referral units ]E+W

F325(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F325(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)After paragraph 3 of Schedule 1 to the Education Act 1996 (c. 56) (short stay schools: further provision) insert—

“3ARegulations may also—

(a)require a [F120local authority] in England to obtain the consent of the Secretary of State, in specified circumstances, to the closure of a short stay school;

(b)confer a power on the Secretary of State to give directions to a [F120local authority] in England about the exercise of—

(i)their functions under section 19;

(ii)their functions under any enactment applied to short stay schools (with or without modifications) by regulations under paragraph 3;

(iii)any other function connected with short stay schools;

(c)require a [F120local authority] to comply with such directions.”

Textual Amendments

F324S. 249 heading substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 51(2)(b), 82(3); S.I. 2012/84, art. 2

F325S. 249(1)(2) omitted (15.1.2012) by virtue of Education Act 2011 (c. 21), ss. 51(2)(a), 82(3); S.I. 2012/84, art. 2

Commencement Information

I149S. 249(3) in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11) (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

Part 12E+W+N.I.Miscellaneous

Prospective

Careers educationE+W

F326250Careers education in schools: EnglandE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F326S. 250 omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(9)(d), 82(3); S.I. 2012/1087, art. 3

Information about local authority expenditureE+W

251Information about planned and actual expenditureE+W

(1)The Secretary of State may direct a local authority in England to provide information about its planned and actual expenditure in connection with—

(a)its education functions;

(b)its children's social services functions.

(2)The Secretary of State may also direct a local authority in England to provide information about accountable resources held, received or expended by any person in relation to a school maintained by the authority.

(3)Information to which a direction under this section relates must be provided in accordance with the direction.

(4)A direction under this section may (in particular) include provision about—

(a)the period to which information is to relate;

(b)the form and manner in which information is to be provided;

(c)the persons to whom information is to be provided;

(d)the publication of information.

(5)If a direction under this section requires information to be provided to a person other than the Secretary of State, the direction may also require that person to make the information available for inspection in accordance with the direction.

Commencement Information

I150S. 251 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

252Information about expenditure: supplementaryE+W

(1)This section applies for the purposes of section 251.

F327(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The children's social services functions of a local authority in England are—

(a)functions conferred on or exercisable by the authority which are social services functions, so far as those functions relate to children;

(b)functions conferred on the authority under sections 23C to 24D of the Children Act 1989 (c. 41), so far as not within paragraph (a);

(c)functions conferred on the authority F328... under sections 10 to 12, 12C, 12D and 17A of the Children Act 2004 (c. 31).

(4)“Accountable resources”, in relation to a school maintained by a local authority, means resources that are not provided by the authority [F329in the exercise of its education functions], but in respect of which an obligation is imposed on the school's governing body by virtue of regulations under section 44 of the Education Act 2002 (c. 32) (accounts of maintained schools).

(5)The Secretary of State may by order amend this section for one or more of the following purposes—

[F330(za)specifying additional functions which are to be treated as education functions]

(a)adding to the functions that are F331... children's social services functions;

(b)removing or changing the description of functions that are education functions or children's social services functions.

(6)In this section—

Textual Amendments

Commencement Information

I151S. 252 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

253Information about expenditure: consequential amendmentsE+W

(1)The School Standards and Framework Act 1998 (c. 31) is amended as follows.

(2)In section 52 (the title of which becomes “Financial statements: Wales”), in subsections (1) and (2) after “[F120local authority]” insert “ in Wales ”.

(3)Omit section 53 (certification of statements by Audit Commission).

Textual Amendments

Commencement Information

I152S. 253 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

[F333QualificationsE+W+N.I.

Textual Amendments

F333S. 253A and preceding crossheading inserted (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 79(1), 164(3)(f)

253AQualificationsE+W+N.I.

(1)A person in England may, in prescribed circumstances, provide student information of a prescribed description to—

(a)the Secretary of State,

(b)an information collator,

(c)a prescribed person, or

(d)a person falling within a prescribed category.

(2)A person in Wales may, in prescribed circumstances, provide student information of a prescribed description to—

(a)the Welsh Ministers,

(b)an information collator,

(c)a prescribed person, or

(d)a person falling within a prescribed category.

(3)In subsection (2) “prescribed” means prescribed in regulations made by the Welsh Ministers.

(4)Subject to subsection (5)(a), information received under or by virtue of this section is not to be published in any form which identifies the individual to whom it relates.

(5)This section—

(a)does not affect any power to provide or publish information which exists apart from this section, and

(b)is subject to any express restriction on the provision of information imposed by another enactment.

(6)In this section—

Textual Amendments

Support for participation in education and trainingE+W

254Provision of social security information for purposes of functions under Education and Skills Act 2008E+W

(1)The Education and Skills Act 2008 (c. 25) is amended as follows.

(2)Omit section 15 (supply of social security information for purposes of Part 1).

(3)Section 17 (sharing and use of information held for purposes of support services or functions under Part 1) is amended as follows.

(4)In subsection (1), for “provide relevant information to each other” substitute “—

(a)provide relevant information to each other;

(b)make arrangements for the holding by either of them of information provided, or which could be provided, under paragraph (a).”

(5)In subsection (7), in the definition of “relevant information”, after paragraph (b), insert—

“but does not include information provided under section 72 of the Welfare Reform and Pensions Act 1999;”.

(6)At the end add—

“(9)Nothing in this section authorises the disclosure of any information in contravention of any provision of, or made under, this or any other Act (whenever passed or made) which prevents disclosure of the information.”

(7)Section 76 (supply of social security information for purposes of support services) is amended as follows.

(8)Omit subsection (1).

(9)For subsections (3) and (4) substitute—

“(3)For the purposes of subsection (2), “personal information” in relation to a young person, means the person's name, address and date of birth.

(3A)The Secretary of State may make arrangements with a person for the supply of social security information for the purposes of the provision of services for young persons in pursuance of section 68 or 70(1)(b).

(3B)Social security information may be supplied to—

(a)the Secretary of State, or

(b)a person providing services to the Secretary of State under subsection (3A).

(3C)A person to whom social security information is supplied under subsection (3B) may supply the information to a [F120local authority] or other person involved in the provision of services for young persons or relevant young adults in pursuance of section 68 or 70(1)(b) for the purpose of the provision of those services.

(3D)Information supplied to a person in reliance on subsection (3C) or this subsection may be supplied in accordance with, or with arrangements made under, section 17(1).

(3E)Information supplied to a person in reliance on subsection (3B), (3C) or (3D) may be disclosed—

(a)for the purpose of the provision of services in pursuance of section 68 or 70(1)(b),

(b)for the purpose of enabling or assisting the exercise of any function of a [F120local authority] under Part 1,

(c)in accordance with any provision of, or made under, any other Act,

(d)in accordance with an order of a court or tribunal,

(e)for the purpose of actual or contemplated proceedings before a court or tribunal,

(f)with consent given by or on behalf of the person to whom the information relates, or

(g)in such a way as to prevent the identification of the person to whom it relates.

(4)It is an offence for a person to disclose restricted information otherwise than in accordance with this section.

(4A)For the purposes of subsection (4), “restricted information”, in relation to a person, means information that was disclosed to the person—

(a)in reliance on subsection (3B), (3C) or (3D), or

(b)in circumstances that constitute an offence under this section.”

Textual Amendments

Commencement Information

I153S. 254 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

255Provision of other information in connection with support servicesE+W

(1)The Education and Skills Act 2008 (c. 25) is amended as follows.

F335(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)After section 76 insert—

“76ASupply of information by Secretary of State or person providing services

(1)The Secretary of State may make arrangements with any other person for the holding and supply of information in connection with, or for the purposes of, the provision of services in pursuance of section 68 or 70(1)(b).

(2)In this section “relevant information”, in relation to a person by whom services are provided under section 68 or 70(1)(b), means information which—

(a)is obtained by a person involved in the provision of those services in, or in connection with, the provision of those services,

(b)relates to a person for whom those services are provided;

but does not include information provided under section 72 of the Welfare Reform and Pensions Act 1999.

(3)Relevant information may be supplied to—

(a)the Secretary of State, or

(b)a person providing services to the Secretary of State under this section.

(4)Information supplied under subsection (3) may be supplied to any person involved in the provision of services in pursuance of section 68 or 70(1)(b) for the purposes of the provision of those services.

(5)Except as provided by subsection (4), information supplied in reliance on subsection (3) must not be disclosed in such a way that the identity of the individual is disclosed to, or capable of being discovered by, the person to whom it is disclosed.

(6)Nothing in this section authorises the disclosure of any information in contravention of any provision of, or made under, this or any other Act (whenever passed or made) which prevents disclosure of the information.”

Textual Amendments

F335S. 255(2) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 28(6), 82(3); S.I. 2012/1087, art. 3

Commencement Information

I154S. 255 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

Further education corporationsE+W

256Further education corporations in England: co-operation and promotion of well-beingE+W

(1)The Further and Higher Education Act 1992 (c. 13) is amended as follows.

(2)In section 19 (supplementary powers of a further education corporation), after subsection (8) add—

“(9)A further education corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person.”

F336(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I155S. 256 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Student loansE+W+N.I.

257Student loans under the 1998 Act: IVAsE+W+N.I.

(1)The Teaching and Higher Education Act 1998 (c. 30) is amended as set out in subsections (2) and (3).

(2)In section 22(3) (new arrangements for giving financial support to students), after paragraph (f) insert—

“(g)with respect to sums which a borrower receives, or is entitled to receive, under such a loan before or after a voluntary arrangement under Part 8 of the Insolvency Act 1986 or Part 8 of the Insolvency (Northern Ireland) Order 1989 (individual voluntary arrangements) takes effect in respect of the borrower;

(h)excluding or modifying the application of Part 8 of that Act, or Part 8 of that Order, in relation to liability to make repayments in respect of such a loan (whether the repayments relate to sums which the borrower receives, or is entitled to receive, before or after a voluntary arrangement takes effect in respect of the borrower).”

(3)In section 46(8) (provisions extending to Northern Ireland), in the entry relating to section 22, for “(3)(e) or (f)” substitute “ (3)(e), (f), (g) or (h) ”.

(4)Nothing in this section affects a voluntary arrangement that takes effect before this section comes into force.

Commencement Information

I156S. 257 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

258Student loans under the 1990 Act: IVAs and bankruptcyE+W+N.I.

(1)Subsections (2) to (5) have effect in relation to the Education (Student Loans) Act 1990 (c. 6) to the extent that that Act continues in force by virtue of any savings made, in connection with its repeal by the Teaching and Higher Education Act 1998 (c. 30), by an order under section 46(4) of that Act.

(2)In Schedule 2 (loans for students), in paragraph 5(1) for “or 310” substitute “ , 310 or 310A ”.

(3)In Schedule 2, after paragraph 5 insert—

“5A(1)This paragraph applies to a sum by way of public sector student loan or subsidised private sector student loan that a person (“the debtor”) receives or is entitled to receive before or after a voluntary arrangement under Part 8 of the Insolvency Act 1986 takes effect in respect of the debtor.

(2)The sum is to be ignored for the purposes of the voluntary arrangement.

5B(1)Part 8 of the Insolvency Act 1986 (individual voluntary arrangements) has effect in relation to a student loan debt with the following modifications.

(2)A student loan debt is to be treated as not included among the debtor's debts.

(3)A person to whom a student loan debt is owed is to be treated as not being one of the debtor's creditors.

(4)A “student loan debt” is a debt or liability to which a debtor is or may become subject in respect of a public sector student loan or subsidised private sector student loan.”

(4)In Schedule 2, after paragraph 6 insert—

“Insolvency: Northern Ireland

7(1)There shall not be treated as part of a bankrupt's estate or claimed for his estate under article 280 or 283 of the Insolvency (Northern Ireland) Order 1989 any sums to which this paragraph applies that the bankrupt receives or is entitled to receive after the commencement of the bankruptcy.

(2)No debt or liability to which a bankrupt is or may become subject in respect of a sum to which this paragraph applies shall be included in the bankrupt's bankruptcy debts.

(3)This paragraph applies to a sum by way of public sector student loan or subsidised private sector student loan payable to the bankrupt pursuant to an agreement entered into by the bankrupt before or after the commencement of the bankruptcy.

8(1)This paragraph applies to a sum by way of public sector student loan or subsidised private sector student loan that a person (“the debtor”) receives or is entitled to receive before or after a voluntary arrangement under Part 8 of the Insolvency (Northern Ireland) Order 1989 takes effect in respect of the debtor.

(2)The sum is to be ignored for the purposes of the voluntary arrangement.

9(1)Part 8 of the Insolvency (Northern Ireland) Order 1989 (individual voluntary arrangements) has effect in relation to a student loan debt with the following modifications.

(2)A student loan debt is to be treated as not included among the debtor's debts.

(3)A person to whom a student loan debt is owed is to be treated as not being one of the debtor's creditors.

(4)A “student loan debt” is a debt or liability to which a debtor is or may become subject in respect of a public sector student loan or subsidised private sector student loan.”

(5)In section 4, for subsection (4) (extent) substitute—

“(4)This Act does not extend to Northern Ireland, with the following exceptions—

(a)section 1, so far as necessary for the purpose of defining “public sector student loan” and “subsidised private sector student loan”;

(b)section 2;

(c)as respects institutions in Northern Ireland, the power to make regulations under paragraph 2 of Schedule 2;

(d)paragraphs 7 to 9 of Schedule 2.”

(6)Nothing in this section affects a voluntary arrangement that takes effect, or a bankruptcy that commences, before this section comes into force.

Commencement Information

I157S. 258 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

Foundation degrees: WalesE+W

259Power to award foundation degrees: WalesE+W

(1)In section 76(1)(b) of the Further and Higher Education Act 1992 (c. 13) (power of Privy Council to specify further education institutions in England that may award foundation degrees) omit “in England”.

(2)Within the period of four years beginning with the commencement of subsection (1) of this section, the Welsh Ministers must lay before the National Assembly for Wales a report about its effect.

Commencement Information

I158S. 259 in force at 1.10.2010 by S.I. 2010/2413, art. 2(c) (with arts. 3-5)

Prospective

Complaints: WalesE+W

260Complaints: WalesE+W

(1)Section 29 of the Education Act 2002 (c. 32) (additional functions of governing body) is amended as follows.

(2)In subsection (1) after “maintained school” insert “ in England ”.

(3)In subsection (2) for the words from “(in relation to England)” to the end substitute “ by the Secretary of State ”.

(4)After subsection (2) insert—

“(2A)The Welsh Ministers may make regulations establishing procedures in relation to relevant complaints.

(2B)For the purposes of subsection (2A), a “relevant complaint” is a complaint which relates to a maintained school in Wales, or to the provision of facilities or services under section 27 by the governing body of such a school, other than a complaint which falls to be dealt with in accordance with any procedures required to be established in relation to the school by virtue of a statutory provision other than this section.

(2C)Where the Welsh Ministers establish procedures by regulations under subsection (2A), the governing body of a maintained school in Wales shall—

(a)adopt the procedures, and

(b)publicise them in the way specified in the regulations.

(2D)In adopting or publicising procedures established by virtue of subsection (2A), the governing body shall have regard to any guidance given from time to time by the Welsh Ministers.”

Local Government Act 1974E+W

261Local Government Act 1974: minor amendmentE+W

In paragraph 5(2) of Schedule 5 to the Local Government Act 1974 (c. 7) (exclusion of matters relating to teaching etc. in any school maintained by local authority), after “authority” insert “ , except so far as relating to special educational needs (within the meaning given by section 312 of the Education Act 1996) ”.

Commencement Information

I159S. 261 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

Part 13E+W+SGeneral

262Orders and regulationsU.K.

(1)A power to make an order or regulations under Chapter 1 of Part 1, or Part 3 or 4 [F337, or section 253A] —

(a)so far as exercisable by the Secretary of State, the Welsh Ministers or the Scottish Ministers, is exercisable by statutory instrument;

(b)so far as exercisable by the Department for Employment and Learning in Northern Ireland, is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(2)Any other power of the Secretary of State to make an order or regulations under this Act is exercisable by statutory instrument.

(3)A power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Act (except a power conferred by section 17, 22 or 269) includes power—

(a)to make different provision for different purposes (including different areas);

(b)to make provision generally or in relation to specific cases;

(c)to make incidental, consequential, supplementary, transitional, transitory or saving provision.

[F338(3A)An order under section 83A(12) may amend, repeal or revoke any provision of, or in an instrument made under, this or any other Act.]

F339(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Subject to subsections (6) to (8), a statutory instrument containing an order or regulations made by the Secretary of State under any provision of this Act (other than an order under section 269) is subject to annulment in pursuance of a resolution of either House of Parliament.

(6)A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

[F340(za)the first regulations under section A9;

(zb)the first regulations under section A10;]

(aa)regulations under section 1(5);

[F341(aza)regulations under section 40AA;]

[F342(azb)regulations under section 40AB;]

[F343(aaa)regulations under section 40B;]

[F344(aab)regulations under section ZA5;]

[F345(ab)an order under section 83A(12);]

(b)an order under section 88 or paragraph 9 of Schedule 5;

F346(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)an order under section 130(5);

(e)an order under section 141(1);

[F347(ea)an order under section 151B(2);]

F348(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)an order under section 252(5);

(h)an order under section 265 which amends or repeals any provision of an Act.

(7)Subsections (5) and (6) do not apply to a statutory instrument which contains only—

(a)an order revoking an order under section 141(1), or

(b)an order amending an order under section 141(1) for the purpose only of removing a qualification or description of qualification from the application of the order.

(8)A statutory instrument within subsection (7) must be laid before Parliament.

(9)Subject to subsection (10), a statutory instrument containing an order or regulations made by the Welsh Ministers under Chapter 1 of Part 1 (other than an order under section 10) or under section 68 [F349, 107 or 253A] is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(10)A statutory instrument which contains (whether alone or with other provision) regulations under section 2(5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(11)A statutory instrument containing an order made by the Scottish Ministers under section 68 or 107 is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(12)A statutory rule containing an order made by the Department for Employment and Learning in Northern Ireland under section 68 or 107 is to be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if it were a statutory instrument within the meaning of that Act.

(13)If a draft of an instrument containing an order under paragraph 9 of Schedule 5 would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

Textual Amendments

F340S. 262(6)(za)(zb) inserted (4.7.2016) by Enterprise Act 2016 (c. 12), ss. 24(2), 44(2)(c)

F343S. 262(6)(aaa) inserted (4.7.2016) by Enterprise Act 2016 (c. 12), ss. 26(2), 44(5); S.I. 2016/695, art. 2(a)

F347S. 262(6)(ea) inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 23(7), 82(3); S.I. 2012/924, art. 3

F348S. 262(6)(f) omitted (1.8.2012) by virtue of Education Act 2011 (c. 21), ss. 45(2)(f), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

263DirectionsE+W+S

A direction given under this Act—

(a)may be amended or revoked by the person or body by whom it is given;

(b)may make different provision for different purposes.

264General interpretation of ActE+W+S

(1)In this Act, unless the context otherwise requires—

(2)Subject to subsections (4) and (5), the Education Act 1996 (c. 56) and the provisions of this Act specified in subsection (3) are to be construed as if those provisions were contained in that Act.

(3)The provisions are—

(a)Parts 3, 4 and 5;

(b)Parts 7 and 8;

(c)Chapter 4 of Part 10;

(d)sections 248, 251 and 252.

(4)Section 562 of the Education Act 1996 (Act not to apply to certain persons detained under order of a court) does not apply to functions of the Secretary of State under Part 4.

(5)If—

(a)an expression is given a meaning for the purposes of a provision within subsection (3) (its “local meaning”), and

(b)that meaning is different from the meaning given to it for the purposes of the Education Act 1996 (its “1996 Act meaning”),

the expression's local meaning applies instead of its 1996 Act meaning.

(6)Unless the context otherwise requires, a reference in this Act to—

(a)a community, foundation or voluntary school, or

(b)a community or foundation special school,

is to such a school within the meaning of the School Standards and Framework Act 1998 (c. 31).

265Power to make consequential and transitional provision etc.E+W+S

(1)The Secretary of State may by order make—

(a)such supplementary, incidental or consequential provision, or

(b)such transitory, transitional or saving provision,

as the Secretary of State thinks appropriate for the general purposes, or any particular purpose, of this Act or in consequence of, or for giving full effect to, any provision made by this Act.

(2)An order under this section may in particular—

(a)provide for any provision of this Act which comes into force before another provision made by or under this or any other Act has come into force to have effect, until that other provision has come into force, with specified modifications;

(b)amend, repeal, revoke or otherwise modify any provision of—

(i)an Act passed before or in the same Session as this Act, or

(ii)an instrument made under an Act before the passing of this Act.

(3)Nothing in this section limits the powers conferred by section 262(3)(c) or 269(8)(b).

(4)The amendments that may be made by virtue of subsection (2)(b) are in addition to those that are made by any other provision of this Act.

266Repeals and revocationsE+W+S

Schedule 16 contains repeals and revocations (including repeals and revocations of spent provisions).

Commencement Information

I160S. 266 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch.

I161S. 266 in force at 1.4.2010 for specified purposes by S.I. 2010/1151, art. 2, Sch. 1

I162S. 266 in force at 1.4.2010 for specified purposes by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 13, 14) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

I163S. 266 in force at 1.11.2010 for specified purposes by S.I. 2010/2413, art. 2(b) (with arts. 3-5)

I164S. 266 in force at 31.5.2013 for specified purposes by S.I. 2013/975, art. 2(b)

267Financial provisionsU.K.

(1)There are to be paid out of money provided by Parliament—

(a)any expenditure incurred by virtue of this Act by the Secretary of State,

(b)any expenditure incurred by virtue of this Act by the Office of Qualifications and Examinations Regulation, and

(c)any increase attributable to this Act in the sums payable by virtue of any other Act out of money provided by Parliament.

(2)Any sums received by the Secretary of State by virtue of [F350Chapter A1] of Part 1, section 78(3)(c), paragraph 18(3)(d) of Schedule 3 or paragraph 6(3)(d) of Schedule 4 are to be paid into the Consolidated Fund.

Textual Amendments

F350Words in s. 267(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 23; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

268ExtentE+W+S

(1)This Act extends to England and Wales only, subject to subsections (2) to (4).

(2)[F351Section 40, Part 1A, sections] 68, 69, 107, 108 and this Part also extend to Scotland.

(3)[F352Part 1A, sections] 68, 70, 107, 109, Part 7, sections 257 and 258 and this Part also extend to Northern Ireland.

(4)An amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates.

Textual Amendments

269CommencementU.K.

(1)This Part (except section 266) comes into force on the day on which this Act is passed.

(2)The following provisions of this Act come into force at the end of two months beginning with the day on which this Act is passed—

(a)section 58 (and the associated entries in Schedule 16);

(b)sections 198 to 201.

(3)The following provisions of this Act come into force on such day as the Welsh Ministers may by order appoint—

(a)sections 2 and 7 to 10;

(b)sections 11 and 12, so far as relating to Wales;

(c)sections 18 to 22;

(d)sections 28 to 31;

(e)section 39, so far as relating to Wales;

(f)sections 48 to 52, so far as relating to Wales;

(g)paragraphs 54 to 56 of Schedule 6, so far as relating to Wales;

(h)paragraphs 11, 13 and 27 of Schedule 12, so far as relating to Wales (and the associated entries in Schedule 16);

(i)paragraphs 14 to 19 and 29 of Schedule 12 (and the associated entries in Schedule 16);

(j)sections 174 and 192 so far as they relate to the paragraphs of Schedule 12 mentioned in paragraphs (h) and (i);

(k)section 205 and Schedule 14;

(l)section 259 (and the associated entry in Schedule 16);

(m)section 260;

(n)section 266, so far as it relates to the entries in Schedule 16 mentioned in paragraphs (h), (i) and (l).

(4)The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.

F353(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Before making an order under subsection (4) bringing into force any provision of Part 7 which confers functions on the Office of Qualifications and Examinations Regulation in relation to Northern Ireland, the Secretary of State must consult the Department for Employment and Learning in Northern Ireland.

(7)The powers conferred by this section are exercisable by statutory instrument.

(8)An order under this section may—

(a)appoint different days for different purposes (including different areas);

(b)contain transitional, transitory or saving provision in connection with the coming into force of this Act.

Textual Amendments

F353S. 269(5) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 14; S.I. 2012/1087, art. 3

270Short titleE+W+S

(1)This Act may be cited as the Apprenticeships, Skills, Children and Learning Act 2009.

(2)This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56).

Schedules

[F354Schedule A1E+W+SThe Institute for Apprenticeships

Textual Amendments

StatusE+W+S

1E+W+SThe IfA is to perform its functions on behalf of the Crown.

MembershipE+W+S

2(1)The IfA is to consist of—E+W+S

(a)a member appointed by the Secretary of State to chair the IfA (“the chair”);

(b)the chief executive appointed in accordance with paragraph 5;

(c)at least 4 and no more than 10 other members appointed by the Secretary of State.

(2)The chair and members appointed under sub-paragraph (1)(c) are referred to in this Schedule as the “non-executive members”.

Tenure of non-executive membersE+W+S

3(1)The non-executive members hold and vacate office in accordance with the terms of their appointment.E+W+S

(2)Those terms are to be determined by the Secretary of State, subject to the following provisions of this Schedule.

(3)A non-executive member must not be appointed for a term of more than five years.

(4)A non-executive member may resign from office at any time by giving written notice to the Secretary of State.

(5)The Secretary of State may remove a non-executive member from office on either of the following grounds—

(a)inability or unfitness to carry out the duties of office;

(b)absence from the IfA's meetings for a continuous period of more than 6 months without the IfA's permission.

(6)The previous appointment of a person as a non-executive member does not affect the person's eligibility for re-appointment.

Remuneration of non-executive membersE+W+S

4(1)The IfA must, if the Secretary of State requires it to do so, pay remuneration, allowances and expenses to its non-executive members.E+W+S

(2)The IfA must, if the Secretary of State requires it to do so, pay, or make provision for the payment of, a pension, allowances or gratuities to or in respect of a person who is or has been a non-executive member.

(3)If a person ceases to be a non-executive member of the IfA and the Secretary of State decides that the person should be compensated because of special circumstances, the IfA must pay compensation to the person.

(4)The amount of a payment under sub-paragraph (1), (2) or (3) is to be determined by the Secretary of State.

(5)Service as a non-executive member is one of the kinds of service to which a scheme under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants etc) can apply (see Schedule 1 to that Act).

(6)The IfA must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to the provision of pensions, allowances or gratuities under section 1 of the Superannuation Act 1972 payable to or in respect of non-executive members in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Chief executive and other staffE+W+S

5(1)The first chief executive is to be appointed by the Secretary of State on conditions of service determined by the Secretary of State, after consulting the chair.E+W+S

(2)Subsequent chief executives are to be appointed by the IfA after consulting the Secretary of State.

(3)The chief executive must not be appointed for a term of more than five years.

(4)The previous appointment of a person as chief executive does not affect the person's eligibility for re-appointment.

(5)The chief executive holds that office as a member of staff of the IfA.

(6)The IfA may appoint other members of staff.

(7)Service as a member of staff of the IfA is employment in the civil service of the State.

(8)The following are to be determined by the IfA with the approval of the Secretary of State—

(a)the number of members of staff of the IfA (in addition to the chief executive);

(b)the conditions of service of staff of the IfA.

(9)Sub-paragraph (8)(b) is subject to sub-paragraph (1).

Arrangements with Secretary of StateE+W+S

6E+W+SThe Secretary of State and the IfA may enter into arrangements with each other for the provision to the IfA by the Secretary of State, on such terms as may be agreed, of staff, accommodation or services.

CommitteesE+W+S

7(1)The IfA may establish committees, and any committee established by the IfA may establish sub-committees.E+W+S

(2)The IfA may—

(a)dissolve a sub-committee established under sub-paragraph (1), or

(b)alter the purposes for which such a sub-committee is established.

(3)In this Schedule a committee or sub-committee established under sub-paragraph (1) is referred to as an “IfA committee”.

(4)An IfA committee must include at least two persons who are members of the IfA or its staff.

(5)The IfA may, with the approval of the Secretary of State, arrange for the payment of remuneration, allowances and expenses to any person who—

(a)is a member of an IfA committee, but

(b)is not a member of the IfA or its staff.

(6)The IfA must, if directed to do so by the Secretary of State, review—

(a)the structure of IfA committees, and

(b)the scope of the activities of each IfA committee.

ProcedureE+W+S

8(1)The IfA may regulate—E+W+S

(a)its own proceedings (including quorum), and

(b)the procedure (including quorum) of IfA committees.

(2)The validity of proceedings of the IfA, or of an IfA committee, is not affected by—

(a)a vacancy;

(b)a defective appointment.

Exercise of functionsE+W+S

9(1)Subject to sub-paragraphs (2) and (3), the IfA may authorise any of the following to exercise functions on its behalf—E+W+S

(a)a member of the IfA;

(b)a member of the IfA's staff;

(c)an IfA committee;

(d)any other person.

(2)The IfA may not authorise any of the functions under sections [F355ZA2A,] A2, [F356ZA10, ZA11, [F357A2D2 to A2D9] and A2E to [F358A2IB]] to be exercised on its behalf—

(a)under sub-paragraph (1)(c), by a committee a majority of the members of which are not members of the IfA's staff, or

(b)under sub-paragraph (1)(d).

(3)The IfA may authorise the exercise on its behalf of functions that have been—

(a)delegated to the IfA by directions under section ZA4, or

(b)conferred on the IfA by regulations under section ZA5,

only if and to the extent that the directions or regulations so provide.

Textual Amendments

F356Words in Sch. A1 para. 9(2) substituted (8.11.2017 for specified purposes, 31.1.2019 in so far as not already in force) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 32(2); S.I. 2017/1055, reg. 2(b)(iv) (with reg. 4); S.I. 2019/61, reg. 2(b)

Supplementary powersE+W+S

10(1)The IfA may—E+W+S

(a)provide information or advice to any person in connection with any of the IfA's functions;

(b)co-operate or work jointly with any person where it is appropriate to do so for the efficient and effective performance of any of the IfA's functions;

(c)carry out research for the purposes of, or in connection with, the IfA's functions;

[F359(ca)use, in the exercise of any of its functions, information obtained by it in the exercise of any of its other functions;]

(d)do anything else that the IfA considers necessary or appropriate for the purposes of, or in connection with, its functions.

(2)The [F360powers in sub-paragraph (1) are] subject to any restrictions imposed by or under any provision of any Act.

(3)The IfA may not borrow money.

(4)The IfA may not, without the consent of the Secretary of State—

(a)lend money,

(b)form, participate in forming or invest in a company, or

(c)form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993).

(5)In sub-paragraph (4) the reference to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.

Textual Amendments

F359Sch. A1 para. 10(ca) inserted (8.11.2017 for specified purposes, 31.1.2019 in so far as not already in force) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 32(3)(a); S.I. 2017/1055, reg. 2(b)(iv) (with reg. 4); S.I. 2019/61, reg. 2(b)

F360Words in Sch. A1 para. 10(2) substituted (8.11.2017 for specified purposes, 31.1.2019 in so far as not already in force) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 32(3)(b); S.I. 2017/1055, reg. 2(b)(iv) (with reg. 4); S.I. 2019/61, reg. 2(b)

Accounts and reportsE+W+S

11(1)The IfA must—E+W+S

(a)keep proper accounts and proper records in relation to its accounts, and

(b)prepare in respect of each financial year a statement of accounts.

(2)Each statement of accounts must comply with any directions given by the Secretary of State as to—

(a)the information to be contained in it,

(b)the manner in which such information is to be presented, or

(c)the methods and principles according to which the statement is to be prepared.

(3)The IfA must send a copy of each statement of accounts to—

(a)the Secretary of State, and

(b)the Comptroller and Auditor General,

before the end of the month of August following the financial year to which the statement relates.

(4)The Comptroller and Auditor General must—

(a)examine, certify and report on each statement of accounts, and

(b)send a copy of each report and certified statement to the Secretary of State.

(5)The Secretary of State must lay before Parliament—

(a)a copy of each statement sent to the Secretary of State under sub-paragraph (3), and

(b)a copy of each report and certified statement sent to the Secretary of State under sub-paragraph (4).

(6)“Financial year” has the meaning given by section ZA6(6) (annual and other reports).

Application of seal and proof of documentsE+W+S

12(1)The application of the IfA's seal must be authenticated by the signature of—E+W+S

(a)the chief executive, or

(b)a member of the IfA who has been authorised by the IfA for that purpose (whether generally or specifically).

(2)A document purporting to be duly executed under the IfA's seal, or signed on its behalf—

(a)is to be received in evidence, and

(b)is to be treated as executed or signed in that way, unless the contrary is proved.

FundingE+W+S

13(1)The Secretary of State may make grants to the IfA, or provide the IfA with any other kind of financial assistance, subject to any conditions that the Secretary of State considers appropriate.E+W+S

(2)The conditions may, in particular—

(a)enable the Secretary of State to require full or partial repayment of sums paid by the Secretary of State if any of the conditions are not complied with;

(b)require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the conditions remains unpaid.]

Section 40

Schedule 1E+W+SEmployee study and training: minor and consequential amendments

Employment Rights Act 1996 (c. 18)E+W+S

1E+W+SThe Employment Rights Act 1996 is amended as follows.

Commencement Information

I165Sch. 1 para. 1 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

2E+W+SIn section 48 (right to present complaint of detriment to employment tribunal), in subsection (1) for “or 47E” substitute “ , 47E or 47F ”.

Commencement Information

I166Sch. 1 para. 2 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

3E+W+SIn section 105 (unfair dismissal: redundancy), after subsection (7BA) insert—

“(7BB)This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in section 104E.”

Commencement Information

I167Sch. 1 para. 3 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

4E+W+SIn section 108(3) (exceptions to one year qualifying period of continuous employment for claims for unfair dismissal), after paragraph (gj) insert—

“(gk)section 104E applies,”.

Commencement Information

I168Sch. 1 para. 4 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

5E+W+SIn section 194 (House of Lords staff), in subsection (2)(e) before “VII” insert “ 6A, ”.

Commencement Information

I169Sch. 1 para. 5 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

6E+W+SIn section 195 (House of Commons staff), in subsection (2)(e) before “VII” insert “ 6A, ”.

Commencement Information

I170Sch. 1 para. 6 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

7E+W+SIn section 199 (mariners)—

(a)in subsection (2), after “47E,” insert “ 47F, ”;

(b)in that subsection, before “VII” insert “ 6A, ”;

(c)in subsection (8)(d), before “VII” insert “ 6A, ”.

Commencement Information

I171Sch. 1 para. 7 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

8E+W+SIn section 225 (how to calculate a week's pay in relation to rights during employment) after subsection (4A) insert—

“(4B)Where the calculation is for the purposes of section 63J, the calculation date is the day on which the section 63D application was made.”

Commencement Information

I172Sch. 1 para. 8 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

9E+W+SIn section 227(1) (maximum amount of week's pay) before paragraph (za) insert—

“(zza)an award of compensation under section 63J(1)(b),”.

Commencement Information

I173Sch. 1 para. 9 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

10E+W+SIn section 235(1) (other definitions) at the appropriate place insert—

““section 63D application” has the meaning given by section 63D(2);”.

Commencement Information

I174Sch. 1 para. 10 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

11E+W+SIn section 236(3) (orders and regulations subject to affirmative Parliamentary procedure), after “47C,” insert “ 63D, 63F(7), ”.

Commencement Information

I175Sch. 1 para. 11 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)E+W+S

12E+W+SThe Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

Commencement Information

I176Sch. 1 para. 12 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

13E+W+SIn section 212A (arbitration scheme for unfair dismissal cases etc.), in subsection (1)—

(a)before paragraph (za) insert—

“(zza)section 63F(4), (5) or (6) or 63I(1)(b) of the Employment Rights Act 1996 (study and training);”;

(b)in paragraph (za) for “the Employment Rights Act 1996” substitute “ that Act ”.

Commencement Information

I177Sch. 1 para. 13 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

14E+W+SIn section 237(1A)(a) (cases where employee may complain of unfair dismissal despite participation in unofficial industrial action)—

(a)for “or 104D” substitute “ , 104D or 104E ”;

(b)for “and pension scheme membership” substitute “ , pension scheme membership, and study and training ”.

Commencement Information

I178Sch. 1 para. 14 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

15E+W+SIn section 238(2A)(a) (cases where employment tribunal to determine whether dismissal of an employee is unfair despite limitation in subsection (2) of that section)—

(a)for “or 104D” substitute “ , 104D or 104E ”;

(b)for “and pension scheme membership” substitute “ , pension scheme membership, and study and training ”.

Commencement Information

I179Sch. 1 para. 15 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

Employment Tribunals Act 1996 (c. 17)E+W+S

16E+W+SIn section 18 of the Employment Tribunals Act 1996 (conciliation), in subsection (1)(d) after “28,” insert “ 63F(4), (5) or (6), 63I(1)(b), ”.

Commencement Information

I180Sch. 1 para. 16 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

Section 59

Schedule 2E+W[F120Local authority] functions: minor and consequential amendments

Education Act 1996 (c. 56)E+W

1E+WThe Education Act 1996 is amended as follows.

Commencement Information

I181Sch. 2 para. 1 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch.

I182Sch. 2 para. 1 in force at 1.4.2010 for specified purposes by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

I183Sch. 2 para. 1 in force at 1.9.2010 in so far as not already in force by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

2(1)Section 13 (general responsibility for education) is amended as follows.E+W

(2)In subsection (1) after “secondary education” insert “ and, in the case of a [F120local authority] in England, further education, ”.

(3)After subsection (2) insert—

“(3)The reference in subsection (1) to further education is to further education for persons—

“(a)who are over compulsory school age but under 19, or

(b)who are aged 19 or over but under 25 and are subject to learning difficulty assessment.”

(4)For the purposes of this Act a person is subject to learning difficulty assessment if—

(a)a learning difficulty assessment has been conducted in respect of the person, or

(b)arrangements for a learning difficulty assessment to be conducted in respect of the person have been made or are required to be made.

(5)In subsection (4), a “learning difficulty assessment” means an assessment under section 139A or 140 of the Learning and Skills Act 2000 (assessments relating to learning difficulties).

(6)For the purposes of subsection (1), persons who are subject to a detention order are to be regarded as part of the population of the area in which they are detained (and not any other area).”

Commencement Information

I184Sch. 2 para. 2 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

3E+WFor section 13A substitute—

“13ADuty to promote high standards and fulfilment of potential

(1)A [F120local authority] in England must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—

(a)promoting high standards,

(b)ensuring fair access to opportunity for education and training, and

(c)promoting the fulfilment of learning potential by every person to whom this subsection applies.

(2)Subsection (1) applies to the following—

(a)persons under the age of 20;

(b)persons aged 20 or over but under 25 who are subject to learning difficulty assessment.

(3)A [F120local authority] in Wales must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—

(a)promoting high standards, and

(b)promoting the fulfilment of learning potential by every person to whom this subsection applies.

(4)Subsection (3) applies to persons under the age of 20.

(5)In this section—

Commencement Information

I185Sch. 2 para. 3 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

4(1)Section 15A (functions in respect of full-time education for 16 to 18 year olds) is amended as follows.E+W

(2)In subsection (1) after “[F120local authority]” insert “ in Wales ”.

(3)After subsection (1) insert—

“(1ZA)A [F120local authority] in England may secure the provision for their area of full-time or part-time education suitable to the requirements of persons from other areas who are over compulsory school age but have not attained the age of 19.”

(4)In subsection (1A) for “subsection (1)” substitute “ subsections (1) and (1ZA) ”.

(5)In subsection (3) for “section 13(5) and (6) of the Learning and Skills Act 2000” substitute “ section 15ZA(6) and (7) ”.

(6)In the title for “Functions in respect of full-time education” substitute “ Powers in respect of education and training ”.

Commencement Information

I186Sch. 2 para. 4 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

5E+WIn section 15B (functions in respect of education for persons over 19) in subsection (3) for “section 13(5) and (6) of the Learning and Skills Act 2000” substitute “ section 15ZA(6) and (7) ”.

Commencement Information

I187Sch. 2 para. 5 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

6(1)Section 312 (meaning of “special educational needs”, “learning difficulty” etc) is amended as follows.E+W

(2)In subsection (2) for the words from “subsection (3)” to “section 507B)” substitute “ subsections (3) and (3A) ”.

(3)After subsection (3) insert—

“(3A)Subsection (2) does not apply—

(a)for the purposes of sections 15ZA, 15A, 15B and 507B, or

(b)for the purposes of sections 18A and 562H (except for the purpose of determining, for the purposes of those sections, whether a child has special educational needs).”

Commencement Information

I188Sch. 2 para. 6 in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

7E+WIn section 496 (power of Secretary of State to prevent unreasonable exercise of functions) after subsection (4) (as inserted by section 221(1) of this Act) insert—

“(5)This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).”

Commencement Information

I189Sch. 2 para. 7 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch. (with art. 3)

I190Sch. 2 para. 7 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

8E+WIn section 497 (general default powers of Secretary of State) after subsection (5) (as inserted by section 221(2) of this Act) insert—

“(6)This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).”

Commencement Information

I191Sch. 2 para. 8 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch. (with art. 3)

I192Sch. 2 para. 8 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

9E+WIn section 497A (power of Secretary of State to secure proper performance of LEA's functions) at the end insert—

“(8)This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).”

Commencement Information

I193Sch. 2 para. 9 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch. (with art. 3)

I194Sch. 2 para. 9 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

10(1)In the title of section 509AA, for “Provision” substitute “ [F121Local authorities] in England: provision ”.E+W

(2)For the title of section 509AB substitute “ [F121Local authorities] in England: further provision about transport policy statements for persons of sixth form age ”.

(3)In the title of section 509A, for “Travel” substitute “ [F121Local authorities] in England: travel ”.

Textual Amendments

Commencement Information

I195Sch. 2 para. 10 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

F36111E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I196Sch. 2 para. 11 in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

12E+WIn section 579(1) (general interpretation)—

(a)in the definition of “prescribed”, after “ “prescribed”” insert “ (except in Chapter 5A) ”;

(b)in the definition of “regulations”, after “ “regulations”” insert “ (except in Chapter 5A) ”.

Commencement Information

I197Sch. 2 para. 12 in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

13E+WIn section 580 (index) insert the following entries at the appropriate places—

“relevant young adult (in sections 508F, 508G and 508I)section 508F(9)”;
“relevant youth accommodationsection 562(1A)”;
“subject to a detention ordersection 562(1A)”;
“subject to learning difficulty assessmentsection 13(4)”

Commencement Information

I198Sch. 2 para. 13 in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

Education Act 2002 (c. 32)E+W

14E+WIn section 207(2) of the Education Act 2002 (recoupment: adjustment between [F121local authorities]), for “primary education and secondary education)” substitute “—

(a)primary education;

(b)secondary education;

(c)education provided under section 562C of the Education Act 1996 (detention of persons with special educational needs: appropriate special educational provision).”

Textual Amendments

Commencement Information

I199Sch. 2 para. 14 in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

Section 60

F362Schedule 3E+WThe Young People's Learning Agency for England

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 81

F363Schedule 4E+WThe Chief Executive of Skills Funding

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F363Sch. 4 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 29

Section 87

Schedule 5E+WLearning aims for persons aged 19 or over

Part 1E+WQualifications to which Schedule applies

1E+WThis paragraph applies to the following qualifications—

(a)a specified qualification in literacy;

(b)a specified qualification in numeracy;

[F364(ba)a specified qualification in making use of information technology;]

(c)a specified vocational qualification at level 2.

Textual Amendments

F364Sch. 5 para. 1(ba) inserted (1.8.2020) by Digital Economy Act 2017 (c. 30), ss. 114(3), 118(6); S.I. 2020/70, reg. 2

Commencement Information

I200Sch. 5 para. 1 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

2E+WThis paragraph applies to a specified qualification at level 3.

Commencement Information

I201Sch. 5 para. 2 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Part 2E+WPower to specify

Power to specifyE+W

3(1)In paragraphs 1 and 2, a reference to a specified qualification is to a regulated qualification which is specified, or which is of a description specified, in regulations.E+W

(2)The regulations may specify qualifications, or descriptions of qualifications, by reference to an assessment made by the [F365Secretary of State] of the level of attainment demonstrated by a qualification; and for that purpose the regulations may confer functions (which may include the exercise of a discretion) on the [F365Secretary of State] .

(3)The regulations may make provision which applies subject to exceptions specified in the regulations.

(4)In sub-paragraph (1) “regulated qualification” has the meaning given by section 130.

Textual Amendments

F365Words in Sch. 5 para. 3(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 30(a)

Commencement Information

I202Sch. 5 para. 3 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Power to specify qualification in literacyE+W

4E+WThe level of attainment in literacy demonstrated by a specified qualification in literacy must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.

Commencement Information

I203Sch. 5 para. 4 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Power to specify qualification in numeracyE+W

5E+WThe level of attainment in numeracy demonstrated by a specified qualification in numeracy must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.

Commencement Information

I204Sch. 5 para. 5 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

[F366Power to specify qualification in information technologyE+W

Textual Amendments

5AE+WThe level of attainment demonstrated by a specified qualification in making use of information technology must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.]

Level 2E+W

6E+WLevel 2 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Secondary Education in five subjects, each at Grade C or above.

Commencement Information

I205Sch. 5 para. 6 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Level 3E+W

7E+WLevel 3 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Education at the advanced level in two subjects.

Commencement Information

I206Sch. 5 para. 7 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Advice and informationE+W

8E+WIn forming an opinion for the purposes of this Schedule, the Secretary of State may have regard, in particular, to advice or information relating to qualifications which is provided by—

F367(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F368... or

(c)the Office of Qualifications and Examinations Regulation.

Textual Amendments

F367Sch. 5 para. 8(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 30(b)

F368Sch. 5 para. 8(b) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 25; S.I. 2012/924, art. 2

Commencement Information

I207Sch. 5 para. 8 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Power to amendE+W

9(1)The Secretary of State may by order amend this Schedule so as to—E+W

(a)add a category of qualification to Part 1;

(b)remove a category of qualification for the time being referred to in Part 1;

(c)substitute a different qualification for a qualification for the time being referred to in Part 2;

(d)make consequential amendments.

(2)The power conferred by sub-paragraph (1)(b) includes power to remove every category of qualification to which a paragraph of Part 1 for the time being applies.

Commencement Information

I208Sch. 5 para. 9 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Section 123

Schedule 6E+WDissolution of the Learning and Skills Council for England: minor and consequential amendments

Race Relations Act 1976 (c. 74)E+W

F3691E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I209Sch. 6 para. 1 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Further and Higher Education Act 1992 (c. 13)E+W

2E+WThe Further and Higher Education Act 1992 is amended as follows.

Commencement Information

I210Sch. 6 para. 2 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

3F370(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F371(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F372(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F373(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F371Sch. 6 para. 3(2) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 46(3); S.I. 2012/924, art. 2

4E+WIn section 29(7A) (government and conduct of designated institutions)—

F374(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in paragraph (b), for “that Act” substitute “ the Learning and Skills Act 2000 ”.

Textual Amendments

F374Sch. 6 para. 4(a) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 46(3); S.I. 2012/924, art. 2

Commencement Information

I211Sch. 6 para. 4 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

5E+WIn section 31(2A) (designated institutions conducted by companies)—

F375(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F376(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F375Sch. 6 para. 5(a) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 46(3); S.I. 2012/924, art. 2

Commencement Information

I212Sch. 6 para. 5 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

6E+WIn section 54(1) (duty to give information)—

(a)for “the Learning and Skills Council for England” substitute “ the Chief Executive of Skills Funding ”;

(b)for “the council”, in both places where it occurs, substitute “ the Chief Executive ”.

Commencement Information

I213Sch. 6 para. 6 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

7(1)Section 56A (intervention: England) is amended as follows.E+W

F377(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F378(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In subsection (5)—

(a)for the words from “If the” to “same time” substitute “ At the same time as doing one or more of those things the Chief Executive must ”;

F379(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In subsection (6)—

F380(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in paragraph (c), for “as it thinks” substitute “ as the Chief Executive thinks ”.

F381(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F382(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F377Sch. 6 para. 7(2) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 46(3); S.I. 2012/924, art. 2

F378Sch. 6 para. 7(3) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 46(3); S.I. 2012/924, art. 2

F379Sch. 6 para. 7(4)(b) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 46(3); S.I. 2012/924, art. 2

F380Sch. 6 para. 7(5)(a) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 46(3); S.I. 2012/924, art. 2

F381Sch. 6 para. 7(6) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 46(3); S.I. 2012/924, art. 2

F382Sch. 6 para. 7(7) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 46(3); S.I. 2012/924, art. 2

Commencement Information

I214Sch. 6 para. 7 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

F3838E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F383Sch. 6 paras. 8-11 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 46(3); S.I. 2012/924, art. 2

F3839E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F383Sch. 6 paras. 8-11 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 46(3); S.I. 2012/924, art. 2

F38310E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F383Sch. 6 paras. 8-11 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 46(3); S.I. 2012/924, art. 2

F38311E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F383Sch. 6 paras. 8-11 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 46(3); S.I. 2012/924, art. 2

12E+WIn Schedule 4 (instruments and articles of government for further education corporations) in paragraph 1A—

F384(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in paragraph (b), for “that Act” substitute “ the Learning and Skills Act 2000 ”.

Textual Amendments

F384Sch. 6 para. 12(a) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 46(3); S.I. 2012/924, art. 2

Commencement Information

I215Sch. 6 para. 12 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Education Act 1996 (c. 56)E+W

13E+WIn section 13(2)(a) (general responsibility for education) for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding ”.

Commencement Information

I216Sch. 6 para. 13 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Learning and Skills Act 2000 (c. 21)E+W

14E+WThe Learning and Skills Act 2000 is amended as follows.

Commencement Information

I217Sch. 6 para. 14 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 13, 14) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

15E+WOmit section 1 (the Learning and Skills Council for England).

Commencement Information

I218Sch. 6 para. 15 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 13) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

16E+WOmit section 2 (duties of Learning and Skills Council: education and training for persons aged 16 to 19).

Commencement Information

I219Sch. 6 para. 16 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 14) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

17E+WOmit section 3 (duties of Learning and Skills Council: education and training for persons over 19).

Commencement Information

I220Sch. 6 para. 17 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

18E+WOmit section 4 (encouragement of education and training).

Commencement Information

I221Sch. 6 para. 18 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

19E+WOmit sections 4A to 4C (learning aims for persons aged 19 and over).

Commencement Information

I222Sch. 6 para. 19 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

20E+WOmit section 5 (provision of financial resources).

Commencement Information

I223Sch. 6 para. 20 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

21E+WOmit section 6 (financial resources: conditions).

Commencement Information

I224Sch. 6 para. 21 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

22E+WOmit section 7 (funding of school sixth forms).

Commencement Information

I225Sch. 6 para. 22 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

23E+WOmit section 8 (links between education and training and employment).

Commencement Information

I226Sch. 6 para. 23 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

24E+WOmit section 9 (assessments and means tests).

Commencement Information

I227Sch. 6 para. 24 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

25E+WOmit section 10 (qualifying accounts and arrangements).

Commencement Information

I228Sch. 6 para. 25 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

26E+WOmit section 11 (further education: governors).

Commencement Information

I229Sch. 6 para. 26 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

27E+WOmit section 11A (support schemes relating to education and training for persons aged 10 to 15).

Commencement Information

I230Sch. 6 para. 27 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

28E+WOmit section 12 (research and information).

Commencement Information

I231Sch. 6 para. 28 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

29E+WOmit section 13 (persons with learning difficulties).

Commencement Information

I232Sch. 6 para. 29 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

30E+WOmit section 14 (equality of opportunity).

Commencement Information

I233Sch. 6 para. 30 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

31E+WOmit section 14A (consultation).

Commencement Information

I234Sch. 6 para. 31 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

32E+WOmit section 15 (plans).

Commencement Information

I235Sch. 6 para. 32 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

33E+WOmit section 16 (strategy).

Commencement Information

I236Sch. 6 para. 33 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

34E+WOmit section 17 (use of information by Learning and Skills Council).

Commencement Information

I237Sch. 6 para. 34 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

35E+WOmit section 18 (supplementary functions).

Commencement Information

I238Sch. 6 para. 35 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

36E+WOmit sections 18A to 18C (regional councils).

Commencement Information

I239Sch. 6 para. 36 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

37E+WOmit sections 24A to 24C (strategies for functions of the Learning and Skills Council).

Commencement Information

I240Sch. 6 para. 37 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

38E+WOmit section 25 (directions).

Commencement Information

I241Sch. 6 para. 38 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

39E+WOmit section 26 (committees).

Commencement Information

I242Sch. 6 para. 39 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

40E+WOmit section 27 (grants to Learning and Skills Council).

Commencement Information

I243Sch. 6 para. 40 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

41E+WOmit section 28 (annual report).

Commencement Information

I244Sch. 6 para. 41 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 13) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

42E+WOmit section 29 (Council's financial year).

Commencement Information

I245Sch. 6 para. 42 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

43E+WOmit section 97 (external qualifications: persons over 19).

Commencement Information

I246Sch. 6 para. 43 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

44(1)Section 98 (approved qualifications: England) is amended as follows.E+W

(2)In subsection (1), for “sections 96 and 97 in their application” substitute “ section 96 in its application ”.

(3)Omit subsection (2A).

Commencement Information

I247Sch. 6 para. 44 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

F38545E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F385Sch. 6 para. 45 omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 9(3); S.I. 2015/1687, art. 2 (with arts. 3-12)

46E+WIn section 100 (authorised bodies) for “sections 96 and 97 in their application”, in both places where the words occur, substitute “ section 96 in its application ”.

Commencement Information

I248Sch. 6 para. 46 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

47E+WIn section 101 (enforcement: England) in subsection (1)—

(a)for “sections 96 and 97 in their application” substitute “ section 96 in its application ”;

(b)after paragraph (a) insert “ or ”;

(c)omit paragraph (c) (and the word “or” before it).

Commencement Information

I249Sch. 6 para. 47 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

F38648E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F386Sch. 6 para. 48 omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 9(3); S.I. 2015/1687, art. 2 (with arts. 3-12)

49(1)Section 113A (restructuring of sixth form education) is amended as follows.E+W

(2)Omit subsections (1), (4)(aa), (5), (7), (8) and (9)(f).

(3)In subsection (11)—

(a)in the definition of “regulations” omit paragraph (a) (and the “and” after it);

(b)in the definition of “relevant authority” omit paragraph (a) (and the “and” after it).

Commencement Information

I250Sch. 6 para. 49 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

50E+WOmit Schedule 1 (the Learning and Skills Council for England).

Commencement Information

I251Sch. 6 para. 50 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 13) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

51E+WOmit Schedule 1A (learning aims for persons aged 19 and over).

Commencement Information

I252Sch. 6 para. 51 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

52E+WOmit Schedule 3 (committees (England)).

Commencement Information

I253Sch. 6 para. 52 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

53(1)Schedule 7A (implementation of proposals for restructuring sixth form education) is amended as follows.E+W

(2)In paragraph 1, omit “approved or” and “approval or”, wherever occurring.

(3)In paragraph 3(4), omit paragraph (a).

(4)Omit paragraphs 5(1), 6(1) and 7(1) and (2).

Commencement Information

I254Sch. 6 para. 53 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Education Act 2002 (c. 32)E+W

F38754E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F387Sch. 6 paras. 54-56 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 49; S.I. 2012/924, art. 2

F38755E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F387Sch. 6 paras. 54-56 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 49; S.I. 2012/924, art. 2

F38756E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F387Sch. 6 paras. 54-56 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 49; S.I. 2012/924, art. 2

Education Act 2005 (c. 18)E+W

57E+WIn section 108 of the Education Act 2005 (supply of information: education maintenance allowances), in subsection (3)—

(a)in paragraph (b) for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding ”;

F388(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in paragraph (f) for the words from “the Secretary of State” to the end substitute “ a person within paragraphs (a) to (e) ”.

Textual Amendments

F388Sch. 6 para. 57(b) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 49; S.I. 2012/924, art. 2

Commencement Information

I255Sch. 6 para. 57 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Education and Inspections Act 2006 (c. 40)E+W

58E+WThe Education and Inspections Act 2006 is amended as follows.

Commencement Information

I256Sch. 6 para. 58 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

59E+WSection 75 (education and training to satisfy entitlements) ceases to have effect.

Commencement Information

I257Sch. 6 para. 59 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Further Education and Training Act 2007 (c. 25)E+W

60E+WThe Further Education and Training Act 2007 is amended as follows.

Commencement Information

I258Sch. 6 para. 60 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

61E+WSections 11 to 13 (provision by Learning and Skills Council for England of services and assistance in respect of employment and training) cease to have effect.

Commencement Information

I259Sch. 6 para. 61 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

62E+WSections 14 to 16 (transfer of functions of Secretary of State in relation to further education corporations to the Learning and Skills Council for England) cease to have effect.

Commencement Information

I260Sch. 6 para. 62 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Section 124

Schedule 7E+WLearning and Skills Council for England: transfer schemes

Staff transfer schemesE+W

1E+WThe Secretary of State may make a scheme (a “staff transfer scheme”) providing for the transfer of designated employees of the LSC—

(a)to a permitted transferee, or

(b)so as to become employed in the civil service of the state.

Commencement Information

I261Sch. 7 para. 1 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

2(1)This paragraph applies where a staff transfer scheme provides for the transfer of an employee of the LSC to a permitted transferee or so as to become employed in the civil service of the state.E+W

(2)The scheme must provide for the TUPE regulations to apply (to the extent that they would not otherwise apply) as if—

(a)any transfer of functions (however effected and described) from the LSC to a permitted transferee or the Crown were a transfer of an undertaking;

(b)the transfer of the undertaking took effect on a designated date;

(c)the transfer of the undertaking were a relevant transfer for the purposes of the regulations;

(d)the employee had for those purposes been assigned to an organised grouping of resources or employees that was subject to the relevant transfer.

Commencement Information

I262Sch. 7 para. 2 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

3(1)This paragraph applies where a staff transfer scheme provides for a transfer of an employee of the LSC so as to become employed in the civil service of the state on terms which do not constitute a contract of employment.E+W

(2)The scheme must provide for the TUPE regulations to apply with the necessary modifications.

Commencement Information

I263Sch. 7 para. 3 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

4E+WA staff transfer scheme may provide for the transfer of an employee of the LSC to a permitted transferee or so as to become employed in the civil service of the state despite any provisions, of whatever nature, which would otherwise prevent the employee from being so transferred.

Commencement Information

I264Sch. 7 para. 4 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Property transfer schemesE+W

5(1)The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the LSC of designated property, rights or liabilities of the LSC to—E+W

(a)a permitted transferee,

(b)the Secretary of State, or

(c)the Chief Executive of Skills Funding.

(2)A property transfer scheme may—

(a)create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;

(b)provide for anything done by or in relation to the LSC in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the person to whom the property, rights or liabilities in question are transferred;

(c)apportion property, rights and liabilities;

(d)make provision about the continuation of legal proceedings.

(3)The things that may be transferred by a property transfer scheme include—

(a)property, rights and liabilities that could not otherwise be transferred;

(b)property acquired, and rights and liabilities arising, after the making of the scheme.

Commencement Information

I265Sch. 7 para. 5 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

ContinuityE+W

6E+WA transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the LSC before the transfer takes effect.

Commencement Information

I266Sch. 7 para. 6 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Supplementary provision etc.E+W

7E+WA staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.

Commencement Information

I267Sch. 7 para. 7 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

InterpretationE+W

8E+WIn this Schedule—

Textual Amendments

Commencement Information

I268Sch. 7 para. 8 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Section 125

Schedule 8E+WSixth form college sector

1E+WThe Further and Higher Education Act 1992 (c. 13) is amended as follows.

Commencement Information

I269Sch. 8 para. 1 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch.

I270Sch. 8 para. 1 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

2E+WIn section 17(1) (meaning of “further education corporation”) after “by virtue of section” insert “ 33D or ”.

Commencement Information

I271Sch. 8 para. 2 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

3E+WAfter section 33 insert—

“Sixth form college corporations: EnglandE+W

33AInitial designation of existing bodies corporate as sixth form college corporations

(1)The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.

(2)A body corporate is within this subsection if it is—

(a)a further education corporation established in respect of an institution in England, or

(b)a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.

(3)On the date specified in the order—

(a)a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;

(b)a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;

(c)in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.

(4)An order under subsection (1) may—

(a)make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;

(b)make provision as to the initial name of the corporation as a sixth form college corporation.

(5)The power conferred by subsection (1)—

(a)is exercisable only once;

(b)is not exercisable after the date specified in an order made by the Secretary of State.

33BSubsequent designation of existing bodies corporate as sixth form college corporations

(1)The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.

(2)A body corporate is within this subsection if it is—

(a)a further education corporation established in respect of an institution in England, or

(b)a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.

(3)An order under subsection (1) may be made only if—

(a)an application for the order has been made by the governing body of the institution mentioned in subsection (2)(a) or (b), and

(b)the institution is one within subsection (4).

(4)An institution is within this subsection if it appears to the Secretary of State that on the date on which the application is made at least 80% of its total enrolment number will be persons over compulsory school age but under 19.

(5)The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.

(6)On the date specified in the order—

(a)a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;

(b)a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;

(c)in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.

(7)An order under subsection (1) may—

(a)make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;

(b)make provision as to the initial name of the corporation as a sixth form college corporation.

(8)The power conferred by subsection (1) is exercisable only after the date specified in an order under section 33A(5)(b).

33CEstablishment of new bodies corporate as sixth form college corporations

(1)The Secretary of State may by order make provision for the establishment of a body corporate as a sixth form college corporation, for the purpose of establishing and conducting an educational institution specified in the order.

(2)An order under subsection (1) may be made only if—

(a)a proposal relating to the order has been made by the responsible [F120local authority] and it appears to the Secretary of State that the requirements in subsection (3) have been met in relation to the proposal, and

(b)it appears to the Secretary of State that the institution will when established be one within subsection (4).

(3)The requirements are that—

(a)the authority have published the proposal by the prescribed time and in the prescribed manner;

(b)the proposal as published contained prescribed information;

(c)the authority have considered any representations about the proposal made to them within the prescribed period.

(4)An institution is within this subsection if—

(a)the institution is in England, and

(b)on the date on which it is proposed to be established, at least 80% of its total enrolment number will be persons over compulsory school age but under 19.

(5)The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.

(6)An order under subsection (1)—

(a)must provide for the institution to be established and conducted by the body corporate as from the date specified in the order;

(b)may make provision as to the initial name of the corporation as a sixth form college corporation.

33DConversion of sixth form college corporations into further education corporations

(1)The Secretary of State may by order convert a sixth form college corporation into a further education corporation.

(2)An order under subsection (1) may be made only if—

(a)an application for the order has been made by the governing body of the relevant sixth form college, or

(b)the Secretary of State is satisfied that it is no longer appropriate for the body to be a sixth form college corporation.

(3)An application under subsection (2)(a) may not be made during the period of two years beginning with the date on which the body's designation or establishment as a sixth form college corporation takes effect.

(4)The Secretary of State must consult the governing body of the relevant sixth form college before making an order under subsection (1) in a case within subsection (2)(b).

(5)On the date specified in the order, the body ceases to be a sixth form college corporation and becomes a further education corporation.

(6)An order under subsection (1) may—

(a)make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;

(b)make provision as to the initial name of the corporation as a further education corporation.

33EPrincipal powers of a sixth form college corporation

(1)A sixth form college corporation may do any of the following—

(a)provide further and higher education,

(b)provide secondary education suitable to the requirements of persons who have attained the age of 14,

(c)provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996,

(d)participate in the provision of secondary education at a school,

(e)supply goods or services in connection with their provision of education.

(2)The powers conferred by subsection (1) are referred to in section 33F as the corporation's principal powers.

(3)A sixth form college corporation may not provide education of a kind specified in subsection (1)(b), (c) or (d) unless they have consulted such [F121local authorities] as they consider appropriate.

(4)For the purposes of subsection (1), goods are supplied in connection with the provision of education by a sixth form college corporation if they result from—

(a)their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,

(b)the use of their facilities or the expertise of persons employed by them in the fields in which they are so employed, or

(c)ideas of a person employed by them, or one of their students, arising out of their provision of education.

(5)For the purposes of subsection (1), services are supplied in connection with the provision of education by a sixth form college corporation if—

(a)they result from their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,

(b)they are provided by making available their facilities or the expertise of persons employed by them in the fields in which they are so employed, or

(c)they result from ideas of a person employed by them, or of one of their students, arising out of their provision of education.

33FSupplementary powers of a sixth form college corporation

(1)A sixth form college corporation may do anything (including in particular the things referred to in subsections (2) to (6)) which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of their principal powers.

(2)A sixth form college corporation may conduct an educational establishment for the purpose of carrying on activities undertaken in the exercise of their powers to provide further or higher education.

(3)In particular, a sixth form college corporation may conduct the relevant sixth form college as from the date specified in the order designating or establishing the corporation as a sixth form college corporation.

(4)A sixth form college corporation may provide facilities of any description appearing to the corporation to be necessary or desirable for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers.

(5)The facilities include—

(a)boarding accommodation and recreational facilities for students and staff, and

(b)facilities to meet the needs of students with learning difficulties.

(6)A sixth form college corporation may—

(a)acquire and dispose of land and other property,

(b)enter into contracts, including in particular—

(i)contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers, and

(ii)contracts with respect to the carrying on by the corporation of any such activities,

(c)form, participate in forming or invest in a company,

(d)form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993),

(e)borrow such sums as the corporation think fit for the purposes of—

(i)carrying on any activities they have power to carry on, or

(ii)meeting any liability transferred to them under sections 23 to 27,

(f)in connection with their borrowing, grant any mortgage, charge or other security in respect of any land or other property of the corporation,

(g)invest any sums not immediately required for the purpose of carrying on any activities they have power to carry on,

(h)accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes,

(i)do anything incidental to the conduct of an educational institution providing further or higher education, including founding scholarships or exhibitions, making grants and giving prizes.

(7)The powers conferred by subsection (6) are subject to section 33G.

(8)For the purposes of this section a person has a learning difficulty if—

(a)the person has a significantly greater difficulty in learning than the majority of persons of the same age, or

(b)the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions within the further education sector for persons of the same age.

(9)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.

(10)A reference in this section or section 33G to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.

(11)A sixth form college corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person.

33GFurther provision about supplementary powers

(1)The power conferred by section 33F(6)(c) may not be exercised for the purpose of—

(a)conducting an educational institution, or

(b)investing in a company conducting an educational institution.

(2)The power conferred by section 33F(6)(d) may not be exercised for the purpose of—

(a)conducting an educational institution, or

(b)becoming a member of a charitable incorporated organisation conducting an educational institution.

(3)But a restriction on the exercise of a power imposed by subsection (1) or (2) does not apply to the extent that the responsible [F120local authority] consent to the exercise of the power in a way which does not comply with the restriction.

(4)Neither the power conferred by section 33F(6)(c) nor the power conferred by section 33F(6)(d) may be exercised for the purposes of the provision of education if the provision is secured (wholly or partly) by financial resources provided by a relevant funding body.

(5)But subsection (4) does not apply to the extent that the relevant funding body consents to the exercise of the power in question in a way which does not comply with the restriction in that subsection.

(6)The power conferred on a sixth form college corporation by section 33F(6)(e) to borrow money may not be exercised without the consent of the responsible [F120local authority].

(7)Consent under subsection (6) may be given for particular borrowing or for borrowing of a particular class.

(8)In this section “relevant funding body” means a [F120local authority], the YPLA or the Chief Executive of Skills Funding.

33HDuty in relation to promotion of well-being of local area

(1)In exercising their functions under sections 33E and 33F, a sixth form college corporation must have regard, amongst other things, to the objective of promoting the economic and social well-being of the local area.

(2)In subsection (1)—

(a)“the local area”, in relation to a sixth form college corporation, means the locality of the relevant sixth form college, and

(b)a reference to the well-being of an area includes a reference to the well-being of people who live or work in that area.

33IConstitution of sixth form college corporation and conduct of sixth form college

(1)For every sixth form college corporation there is to be—

(a)an instrument providing for the constitution of the corporation (to be known as the instrument of government), and

(b)an instrument in accordance with which the corporation, and the relevant sixth form college, are to be conducted (to be known as articles of government).

(2)Instruments of government and articles of government—

(a)must comply with the requirements of Schedule 4, and

(b)may make any provision authorised to be made by that Schedule and such other provision as may be necessary or desirable.

(3)Subsection (2) is subject to section 33J.

(4)The validity of any proceedings of a sixth form college corporation, or of any committee of the corporation, is not affected by—

(a)a vacancy among the members, or

(b)a defect in the appointment or nomination of a member.

(5)Subsection (6) applies to a document purporting to be an instrument made or issued by or on behalf of a sixth form college corporation and to be—

(a)duly executed under the seal of the corporation, or

(b)signed or executed by a person authorised by the corporation to act in that behalf.

(6)The document is to be received in evidence and treated, without further proof, as being made or issued by or on behalf of the corporation unless the contrary is shown.

33JSpecial provision for certain institutions

(1)Despite anything in section 33I, the instrument of government of a sixth form college corporation to which this section applies must provide—

(a)for the governing body of the relevant sixth form college to include persons appointed for the purpose of securing so far as practicable that the established character of the sixth form college is preserved and developed and, in particular, that the sixth form college is conducted in accordance with any trust deed relating to it, and

(b)for the majority of members of the governing body of the relevant sixth form college to be such governors.

(2)This section applies to a sixth form college corporation in respect of which the relevant sixth form college is specified, or falls within a class specified, by the Secretary of State by order.

(3)The reference in subsection (1)(a) to the established character of a sixth form college is, in relation to a sixth form college established shortly before or at the same time as the designation or establishment of the sixth form college corporation in respect of which it is the relevant sixth form college, a reference to the character which the sixth form college is intended to have on its establishment.

33KInstrument and articles of new sixth form college corporations

(1)The first instrument of government and articles of government of a sixth form college corporation established under section 33C are to be made by the YPLA.

(2)Before making an instrument or articles for a sixth form college corporation under this section the YPLA must consult the corporation.

33LChanges to instruments and articles

(1)The YPLA may—

(a)if a sixth form college corporation submits a draft of an instrument of government to have effect in place of their existing instrument, by order make a new instrument of government in terms of the draft or in such terms as it thinks fit, and

(b)if a sixth form college corporation submits draft modifications of an instrument made under paragraph (a), by order modify the instrument in terms of the draft or in such terms as it thinks fit.

(2)The YPLA may not make a new instrument otherwise than in terms of the draft, or modify the instrument otherwise than in terms of the draft, unless it has consulted the corporation.

(3)The YPLA may by order modify, replace or revoke an instrument of government or articles of government of a sixth form college corporation.

(4)An order under subsection (3)—

(a)may relate to all sixth form college corporations, to a category of sixth form college corporations specified in the order or to a sixth form college corporation specified in the order, but

(b)may not be made unless the YPLA has consulted each sixth form college corporation to which the order relates.

(5)A sixth form college corporation may, with the consent of the YPLA—

(a)make new articles of government in place of their existing articles, or

(b)modify their existing articles.

(6)The YPLA may by a direction under this section require sixth form college corporations, a class of sixth form college corporations specified in the direction or any particular sixth form college corporation specified in the direction—

(a)to modify, replace or revoke their articles of government in any manner specified in the direction, or

(b)to secure that any rules or bye-laws made in pursuance of their articles of government are modified, replaced or revoked in any manner specified in the direction.

(7)Before giving a direction under this section the YPLA must consult the sixth form college corporation or (as the case may be) each sixth form college corporation to which the direction applies.

33MCharitable status of a sixth form college corporation

A sixth form college corporation is a charity within the meaning of the Charities Act 1993.

33NDissolution of sixth form college corporations

(1)Subject to the following provisions of this section, the Secretary of State may by order provide for—

(a)the dissolution of a sixth form college corporation, and

(b)the transfer to a person mentioned in subsection (4) or (6) of property, rights and liabilities of the corporation.

(2)An order under subsection (1) may be made only if a proposal relating to the order has been made by the responsible [F120local authority] and it appears to the Secretary of State that the requirements in subsection (3) have been met in relation to the proposal.

(3)The requirements are that—

(a)the authority have published the proposal by the prescribed time and in the prescribed manner;

(b)the proposal as published contained prescribed information;

(c)the authority have considered any representations about the proposal made to them within the prescribed period.

(4)Property, rights and liabilities may (subject to subsection (5)) be transferred to—

(a)a person appearing to the Secretary of State to be wholly or mainly engaged in the provision of educational facilities or services of any description, or

(b)a body corporate established for purposes which include the provision of such facilities or services.

(5)Property, rights and liabilities may be transferred to a person or body under subsection (4) only with the consent of the person or body.

(6)Property, rights and liabilities may be transferred to the responsible [F120local authority].

(7)Where the recipient of a transfer under an order under this section is not a charity established for charitable purposes which are exclusively educational purposes, any property transferred must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.

(8)An order under this section may make provision about the transfer of staff (including provision applying section 26 with such modifications as the Secretary of State may consider necessary or desirable).

(9)Before making an order under this section in respect of a sixth form college corporation the Secretary of State must consult—

(a)the corporation, and

(b)the YPLA.

(10)In this section “charity” and “charitable purposes” have the same meanings as in the Charities Act 1993.”

Textual Amendments

Commencement Information

I272Sch. 8 para. 3 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch.

I273Sch. 8 para. 3 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

4E+WIn section 34(1) (making additional property available for use) after “institution within the further education sector” insert “ other than a sixth form college ”.

Commencement Information

I274Sch. 8 para. 4 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

5E+WIn section 52A(1) (duty to safeguard pupils receiving secondary education) after “by virtue of section 18(1)(aa) or (ab) of this Act,” insert—

“(aa)by a sixth form college corporation by virtue of section 33E(1)(b) or (c) of this Act,”.

Commencement Information

I275Sch. 8 para. 5 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

6E+WIn section 56A(1) (intervention: England) after “institution in England within the further education sector” insert “ other than a sixth form college ”.

Commencement Information

I276Sch. 8 para. 6 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

F3897E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F389Sch. 8 para. 7 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 46(4); S.I. 2012/924, art. 2

8E+WAfter section 56D (inserted by Schedule 6) insert—

“56EIntervention by [F121local authorities]: sixth form colleges

(1)This section applies in relation to a sixth form college if the responsible [F120local authority] are satisfied as to one or more the matters listed in subsection (2) in relation to the sixth form college; and it is immaterial whether or not a complaint is made by any person.

(2)The matters are—

(a)that the sixth form college's affairs have been or are being mismanaged by its governing body;

(b)that the sixth form college's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;

(c)that the sixth form college's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;

(d)that the sixth form college is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an accepted standard of education or training.

(3)If this section applies the authority may do one or more of the things listed in subsection (6).

(4)Before doing one or more of those things, the authority must give the Secretary of State and the YPLA a notice stating—

(a)the matter or matters listed in subsection (2) as to which the authority are satisfied;

(b)the reasons why the authority are so satisfied;

(c)the thing or things that the authority propose to do;

(d)the reasons why the authority propose to do that thing or those things.

(5)If the authority do one or more of those things, the authority must at the same time give the sixth form college's governing body a notice stating—

(a)the matter or matters listed in subsection (2) as to which the authority are satisfied;

(b)the reasons why the authority have decided to do that thing or those things.

(6)The authority may—

(a)remove all or any of the members of the sixth form college's governing body;

(b)appoint new members of that body if there are vacancies (however arising);

(c)give to that body such directions as the authority think expedient as to the exercise of the body's powers and performance of the body's duties.

(7)The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.

(8)Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.

(9)The authority may not direct a governing body under subsection (6)(c) to dismiss a member of staff.

(10)But subsection (9) does not prevent the authority, where the authority consider that it may be appropriate to dismiss a member of staff whom the governing body have power under the governing body's articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.

(11)A governing body must comply with any directions given to them under this section.

(12)An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.

56FAppointment by [F121local authorities] of members of sixth form college governing body

(1)The responsible [F120local authority] for a sixth form college may appoint a person to be a member of the governing body of the sixth form college.

(2)But no more than two members of the governing body of a sixth form college may at any given time have been appointed under this section.

(3)Before exercising the power conferred by subsection (1) in relation to a governing body, the responsible [F120local authority] must consult the governing body.

(4)A member of the governing body of a sixth form college who was appointed before the relevant commencement date by the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000 is, on and after that date, to be treated for the purposes of subsection (2) of this section as appointed by the responsible [F120local authority] under this section.

(5)“The relevant commencement date” is the date on which section 123 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.

56GIntervention policy: sixth form colleges

(1)The YPLA must—

(a)prepare a statement of the policy to be followed by [F121local authorities] with respect to the exercise of their powers under section 56E,

(b)keep the statement under review, and

(c)if it considers it appropriate in consequence of a review, prepare a revised statement.

(2)When preparing a statement or revised statement, the YPLA must—

(a)undertake such consultation as it thinks appropriate;

(b)consider any representations made to it about the policy to be set out in the statement.

(3)Guidance given to the YPLA under section 76 of the Apprenticeships, Skills, Children and Learning Act 2009 in connection with the performance of its functions under this section may, in particular, relate to the form and content of the policy to be set out in a statement or revised statement.

(4)The YPLA must send a copy of the statement or revised statement prepared by it to the Secretary of State.

(5)If the Secretary of State approves it the Secretary of State must lay a copy of it before each House of Parliament.

(6)The YPLA must publish—

(a)the statement of its policy approved by the Secretary of State;

(b)where the Secretary of State approves a revised statement of its policy, the revised statement.

(7)A [F120local authority] must have regard to the statement most recently published under subsection (6) in exercising, or deciding whether to exercise, any of their powers under section 56E in relation to a sixth form college.

56HIntervention by YPLA

(1)This section applies if—

(a)the YPLA proposes to secure the provision of education or training at a sixth form college in the exercise of the power conferred by section 66 of the Apprenticeships, Skills, Children and Learning Act 2009, and

(b)the YPLA is satisfied—

(i)as to one or more of the matters listed in section 56E(2) in relation to the sixth form college, and

(ii)that the circumstances are such that it would be appropriate for the responsible [F120local authority] to do one or more of the things listed in section 56E(6) in relation to the sixth form college.

(2)If this section applies the YPLA may do one or more of the things listed in subsection (5).

(3)Before doing one or more of those things, the YPLA must give the Secretary of State a notice stating—

(a)the matter or matters listed in section 56E(2) as to which the YPLA is satisfied;

(b)the reasons why the YPLA is so satisfied;

(c)the thing or things that the YPLA proposes to do;

(d)the reasons why the YPLA proposes to do that thing or those things.

(4)If the YPLA does one or more of those things, it must at the same time give the sixth form college's governing body a notice stating—

(a)the matter or matters listed in section 56E(2) as to which the YPLA is satisfied;

(b)the reasons why the YPLA has decided to do that thing or those things.

(5)The YPLA may—

(a)remove all or any of the members of the sixth form college's governing body;

(b)appoint new members of that body if there are vacancies (however arising);

(c)give to that body such directions as the YPLA thinks expedient as to the exercise of the body's powers and performance of the body's duties.

(6)The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.

(7)Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.

(8)The YPLA may not direct a governing body under subsection (5)(c) to dismiss a member of staff.

(9)But subsection (8) does not prevent the YPLA, where it considers that it may be appropriate to dismiss a member of staff whom the governing body have power to dismiss under their articles of government, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.

(10)A governing body must comply with any directions given to them under this section.

(11)An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.

56IAppointment by YPLA of members of sixth form college governing body

(1)The YPLA may appoint a person to be a member of the governing body of a sixth form college.

(2)But no more than two members of the governing body of a sixth form college may at any given time have been appointed under this section.

(3)Before exercising the power conferred by subsection (1) in relation to a governing body, the YPLA must consult the governing body.

(4)A member of the governing body of a sixth form college who was appointed before the relevant commencement date by the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000 is, on and after that date, to be treated for the purposes of subsection (2) of this section as appointed by the YPLA under this section.

(5)“The relevant commencement date” is the date on which section 123 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.

56JNotification by Chief Executive of Skills Funding of possible grounds for intervention

(1)This section applies if the Chief Executive of Skills Funding is of the view that any of the matters listed in section 56E(2) applies in relation to a sixth form college.

(2)The Chief Executive must notify the responsible [F120local authority] and the YPLA of that view.

(3)The responsible [F120local authority] must have regard to the Chief Executive's view in deciding whether to exercise their powers under section 56E.

(4)The YPLA must have regard to the Chief Executive's view in deciding whether to exercise its powers under section 56H.”

Textual Amendments

Commencement Information

I277Sch. 8 para. 8 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

9E+WIn section 88(1) (stamp duty) after “32,” insert “ 33N, ”.

Commencement Information

I278Sch. 8 para. 9 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

10E+WIn section 88A(1) (stamp duty land tax) after “32” insert “ , 33N ”.

Commencement Information

I279Sch. 8 para. 10 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

11(1)Section 89 (orders, regulations and directions) is amended as follows.E+W

(2)In subsection (2)—

(a)after “30(2)(b),” insert “ 33A(5)(b), ”;

(b)after “those sections” insert “ or section 33L ”.

F390(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For subsection (5) substitute—

“(5)Section 570 of the Education Act 1996 (revocation and variation) applies to directions given by any person or body under this Act as it applies to directions given by the Secretary of State or a [F120local authority] under that Act.”

Textual Amendments

F390Sch. 8 para. 11(3) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 46(4); S.I. 2012/924, art. 2

Commencement Information

I280Sch. 8 para. 11 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch.

I281Sch. 8 para. 11 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

12(1)Section 90(1) (interpretation) is amended as follows.E+W

(2)In paragraph (a) of the definition of “governing body” after “further education corporation” insert “ , a sixth form college corporation ”.

(3)At the end insert—

““the relevant sixth form college”, in relation to a sixth form college corporation, means the educational institution specified in the order under this Act designating the corporation as a sixth form college corporation or establishing it as such,

“the responsible [F120local authority]”—

(a)in relation to a proposal relating to the establishment of a sixth form college corporation, means the [F120local authority] in whose area the relevant sixth form college, or its main site, is proposed to be situated;

(b)in relation to a sixth form college corporation, means the [F120local authority] in whose area the relevant sixth form college, or its main site, is situated;

(c)in relation to a sixth form college, means the [F120local authority] in whose area the sixth form college, or its main site, is situated,

“sixth form college corporation” means a body corporate—

(a)designated as a sixth form college corporation under section 33A or 33B, or

(b)established under section 33C,

“the YPLA” means the Young People's Learning Agency for England.”

(4)After subsection (2) insert—

“(2ZA)The Secretary of State may give guidance on which of a sixth form college's sites is to be taken to be its main site for the purposes of the definition of “the responsible [F120local authority]” in subsection (1).”

Textual Amendments

Commencement Information

I282Sch. 8 para. 12 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

13(1)Section 91 (interpretation of Education Acts) is amended as follows.E+W

(2)In subsection (3) (institutions within the further education sector) after paragraph (b) insert “and

(c)sixth form colleges,”

(3)After subsection (3) insert—

“(3A)References to sixth form colleges are to institutions conducted by sixth form college corporations.”

Commencement Information

I283Sch. 8 para. 13 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

14E+WIn section 92 (index) at the appropriate places insert—

“relevant sixth form collegesection 90(1)”
“responsible [F120local authority]section 90(1)”
“sixth form collegesection 91(3A)”
“sixth form college corporationsection 90(1)”
“the YPLAsection 90(1)”

Textual Amendments

Commencement Information

I284Sch. 8 para. 14 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

15(1)Schedule 4 (instruments and articles of government for further education corporations) is amended as follows.E+W

(2)For paragraph 1 substitute—

“1In this Schedule—

(3)In paragraph 1A, after “appointment of members” insert “ of a further education corporation ”.

(4)After paragraph 1A insert—

“1BProvision made by an instrument under this Schedule in relation to the appointment of members of a sixth form college corporation must take into account the members who may be appointed by—

(a)the responsible [F120local authority] under section 56F;

(b)the YPLA under section 56I.”

(5)In paragraph 2(1) after “further education corporation” insert “ or sixth form college corporation ”.

(6)In the title, after “further education corporations” insert “ and sixth form college corporations ”.

Textual Amendments

Commencement Information

I285Sch. 8 para. 15 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Section 127

Schedule 9E+W+N.I.The Office of Qualifications and Examinations Regulation

StatusE+W+N.I.

1E+W+N.I.Ofqual is to perform its functions on behalf of the Crown.

Commencement Information

I286Sch. 9 para. 1 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

MembershipE+W+N.I.

2(1)Ofqual is to consist of—E+W+N.I.

[F391(za)a member appointed by Her Majesty by Order in Council as the chief executive of Ofqual,]

(a)a member appointed by [F392the Secretary of State to chair Ofqual (“the chair”), and]

(b)between 7 and 12 members appointed by the Secretary of State (the “ordinary members”), F393...

F393(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The person appointed by Her Majesty [F394as the chief executive of ] Ofqual is to be known as the Chief Regulator of Qualifications and Examinations (“the Chief Regulator”).

(3)Ofqual may appoint one of the ordinary members as deputy to the [F395chair] (“the deputy”).

(4)Before appointing a person as an ordinary member, the Secretary of State must consult the [F395chair] or the deputy (subject to sub-paragraph (6)).

(5)The Secretary of State may consult the deputy instead of the [F395chair] only if satisfied that—

(a)it is not practicable to consult the [F395chair] , and

(b)it is necessary to make the appointment before it would be practicable to do so.

(6)The Secretary of State may appoint a person as an ordinary member without consulting either the [F395chair] or the deputy if satisfied that—

(a)it is not practicable to consult either of those persons, and

(b)it is necessary to make the appointment before it would be practicable to do so.

F396(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F391Sch. 9 para. 2(1)(za) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 2(2)(a); S.I. 2012/924, art. 2

F392Words in Sch. 9 para. 2(1)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 2(2)(b); S.I. 2012/924, art. 2

F393Sch. 9 para. 2(1)(c) and word omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 2(2)(c); S.I. 2012/924, art. 2

F394Words in Sch. 9 para. 2(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 2(3); S.I. 2012/924, art. 2

F395Word in Sch. 9 para. 2(3)-(6) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 2(4); S.I. 2012/924, art. 2

Commencement Information

I287Sch. 9 para. 2 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

The Chief RegulatorE+W+N.I.

3(1)The Chief Regulator holds and vacates office in accordance with the terms of the appointment.E+W+N.I.

(2)Those terms are to be determined by the Secretary of State, subject to the following provisions of this Schedule.

(3)The Chief Regulator must not be appointed for a term of more than 5 years.

(4)The Chief Regulator may resign from office at any time by giving written notice to the Secretary of State.

(5)Her Majesty may remove the Chief Regulator from office on either of the following grounds—

(a)inability or unfitness to carry out the duties of office;

(b)absence from Ofqual's meetings for a continuous period of more than 6 months without Ofqual's permission.

(6)The previous appointment of a person as [F397the chief executive of Ofqual (whether before or after the relevant commencement date)] does not affect the person's eligibility for re-appointment.

[F398(7)“The relevant commencement date” means the date on which Schedule 7 to the Education Act 2011 comes fully into force.]

Textual Amendments

F397Words in Sch. 9 para. 3(6) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 3(2); S.I. 2012/924, art. 2

Commencement Information

I288Sch. 9 para. 3 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

[F399The chairE+W+N.I.

Textual Amendments

F399 Sch. 9 para. 3A and heading inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 4; S.I. 2012/924, art. 2

3A(1)The chair holds and vacates office in accordance with the terms of the appointment.E+W+N.I.

(2)Those terms are to be determined by the Secretary of State, subject to the following provisions of this Schedule.

(3)The chair must not be appointed for a term of more than 5 years.

(4)The chair may resign from office at any time by giving written notice to the Secretary of State.

(5)The Secretary of State may remove the chair from office on either of the following grounds—

(a)inability or unfitness to carry out the duties of the office;

(b)absence from Ofqual's meetings for a continuous period of more than 6 months without Ofqual's permission.

(6)The previous appointment of a person to chair Ofqual (whether before or after the relevant commencement date) does not affect the person's eligibility for re-appointment.

(7)“The relevant commencement date” means the date on which Schedule 7 to the Education Act 2011 comes fully into force.]

The deputy and other ordinary members: tenureE+W+N.I.

4(1)The deputy and other ordinary members hold and vacate office in accordance with the terms of their appointments, subject to the following provisions of this Schedule.E+W+N.I.

(2)An ordinary member must not be appointed for a term of more than 5 years.

(3)The deputy may resign from office at any time by giving written notice to Ofqual.

(4)The ordinary members may resign from office at any time by giving written notice to the Secretary of State

(5)Ofqual may remove the deputy from office if Ofqual thinks it appropriate to do so.

(6)The Secretary of State may remove an ordinary member from office on either of the following grounds—

(a)inability or unfitness to carry out the duties of office;

(b)absence from Ofqual's meetings for a continuous period of more than 6 months without Ofqual's permission.

(7)Before removing an ordinary member from office, the Secretary of State must consult the [F400chair] or the deputy (subject to sub-paragraph (9)).

(8)The Secretary of State may consult the deputy instead of the [F400chair] only if—

(a)the ordinary member to be removed from office is not the deputy, and

(b)the Secretary of State is satisfied that—

(i)it is not practicable to consult the [F400chair] , and

(ii)it is necessary to remove the ordinary member from office before it would be practicable to do so.

(9)The Secretary of State may remove an ordinary member from office without consulting either the [F400chair] or the deputy if satisfied that—

(a)if the ordinary member to be removed from office is the deputy, sub-paragraph (10) applies;

(b)in any other case, sub-paragraph (11) applies.

(10)This sub-paragraph applies if—

(a)it is not practicable to consult the [F400chair] , and

(b)it is necessary to remove the ordinary member from office before it would be practicable to do so.

(11)This sub-paragraph applies if—

(a)it is not practicable to consult either the [F400chair] or the deputy, and

(b)it is necessary to remove the ordinary member from office before it would be practicable to do so.

F401(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)The previous appointment of a person as the deputy or another ordinary member does not affect the person's eligibility for re-appointment.

(14)If the deputy ceases to be an ordinary member, the person also ceases to be the deputy.

Textual Amendments

F400Word in Sch. 9 para. 4(7)-(11) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 5; S.I. 2012/924, art. 2

Commencement Information

I289Sch. 9 para. 4 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Remuneration etc. of [F402members] E+W+N.I.

Textual Amendments

F402Word in Sch. 9 para. 5 heading substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 6; S.I. 2012/924, art. 2

5(1)Ofqual must, if the Secretary of State requires it to do so, pay remuneration, allowances and expenses to the [F403members of Ofqual] .E+W+N.I.

(2)Ofqual must, if the Secretary of State requires it to do so, pay, or make provision for the payment of, a pension, allowances or gratuities to or in respect of a [F404person who is or has been the chair or an] ordinary member.

(3)If a person ceases to be [F405a member of Ofqual ] and the Secretary of State decides that the person should be compensated because of special circumstances, Ofqual must pay compensation to the person.

(4)The amount of a payment under [F406sub-paragraph (1), (2) or (3) ] is to be determined by the Secretary of State.

[F407(5)Service as the Chief Regulator is one of the kinds of service to which a scheme under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants etc) can apply.

(6)Ofqual must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph (5) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.]

Textual Amendments

F403Words in Sch. 9 para. 5(1) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 7(2); S.I. 2012/924, art. 2

F404Words in Sch. 9 para. 5(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 7(3); S.I. 2012/924, art. 2

F405Words in Sch. 9 para. 5(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 7(4); S.I. 2012/924, art. 2

F406Words in Sch. 9 para. 5(4) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 7(5); S.I. 2012/924, art. 2

F407Sch. 9 para. 5(5)(6) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 7(6); S.I. 2012/924, art. 2

Commencement Information

I290Sch. 9 para. 5 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

[F408Staff]E+W+N.I.

Textual Amendments

F408Sch. 9 para. 6 heading substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 8; S.I. 2012/924, art. 2

6F409(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

F409(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F409(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Ofqual may appoint F410... members of staff.

(5)The following are to be determined by Ofqual with the approval of the Secretary of State—

(a)the number of F411... members of staff of Ofqual;

(b)their conditions of service.

Textual Amendments

F409Sch. 9 para. 6(1)-(3) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 9(2); S.I. 2012/924, art. 2

F410Word in Sch. 9 para. 6(4) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 9(3); S.I. 2012/924, art. 2

F411Word in Sch. 9 para. 6(5)(a) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 9(3); S.I. 2012/924, art. 2

Commencement Information

I291Sch. 9 para. 6 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

CommitteesE+W+N.I.

7(1)Ofqual may establish committees, and any committee established by Ofqual may establish sub-committees.E+W+N.I.

(2)Ofqual may—

(a)dissolve a sub-committee established under sub-paragraph (1), or

(b)alter the purposes for which such a sub-committee is established.

(3)In this Schedule a committee or sub-committee established under sub-paragraph (1) is referred to as an “Ofqual committee”.

(4)An Ofqual committee must include at least one member of Ofqual or Ofqual's staff.

(5)Ofqual may arrange for the payment of remuneration, allowances and expenses to any person who—

(a)is a member of an Ofqual committee, but

(b)is not a member of Ofqual or Ofqual's staff.

(6)Ofqual must at least once in any 5 year period review—

(a)the structure of Ofqual committees, and

(b)the scope of each Ofqual committee's activities.

(7)The first review under sub-paragraph (6) must be completed not later than the day which is the end of the period of 5 years beginning with the day on which section 127 comes into force.

Commencement Information

I292Sch. 9 para. 7 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

8(1)Ofqual and any other person may establish a committee jointly.E+W+N.I.

(2)In this Schedule a committee established under sub-paragraph (1) is referred to as a “joint committee”.

(3)A joint committee may establish sub-committees.

(4)In this Schedule a sub-committee established under sub-paragraph (3) is referred to as a “joint sub-committee”.

(5)A joint committee and a joint sub-committee must include at least one member of Ofqual or Ofqual's staff.

(6)Ofqual may arrange for the payment of remuneration, allowances and expenses to any person who—

(a)is a member of a joint committee or a joint sub-committee, but

(b)is not a member of Ofqual or Ofqual's staff.

Commencement Information

I293Sch. 9 para. 8 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Procedure etc.E+W+N.I.

9(1)Ofqual may regulate—E+W+N.I.

(a)its own proceedings (including quorum), and

(b)the procedure (including quorum) of Ofqual committees.

(2)A joint committee may regulate—

(a)its own procedure (including quorum), and

(b)the procedure (including quorum) of any sub-committee established by it.

(3)The validity of proceedings of Ofqual, or of an Ofqual committee, a joint committee or joint sub-committee is not affected by—

(a)a vacancy;

(b)a defective appointment.

Commencement Information

I294Sch. 9 para. 9 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

DelegationE+W+N.I.

10(1)Ofqual may delegate any of its functions to—E+W+N.I.

(a)a member of Ofqual or Ofqual's staff;

(b)a committee established by Ofqual;

(c)a joint committee.

(2)A function is delegated under this paragraph to the extent and on the terms that Ofqual determines.

Commencement Information

I295Sch. 9 para. 10 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

11(1)A committee established by Ofqual or a joint committee may delegate any of its functions to a sub-committee established by it.E+W+N.I.

(2)A function is delegated under this paragraph to the extent and on the terms that the committee determines.

(3)The power of a committee established by Ofqual to delegate a function under this paragraph, and to determine the extent and terms of the delegation, are subject to Ofqual's powers to direct what a committee established by it may and may not do.

(4)The power of a joint committee to delegate a function under this paragraph, and to determine the extent and terms of the delegation, are subject to the power of Ofqual and any other person with whom Ofqual established the joint committee to direct (acting jointly) what the committee may and may not do.

Commencement Information

I296Sch. 9 para. 11 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

DocumentsE+W+N.I.

12E+W+N.I.The application of Ofqual's seal is authenticated by the signatures of—

(a)two members of Ofqual, or

(b)one member of Ofqual and another person who has been authorised (generally or specifically) for that purpose by Ofqual.

Commencement Information

I297Sch. 9 para. 12 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

13E+W+N.I.The Documentary Evidence Act 1868 (c. 37) has effect in relation to Ofqual as if—

(a)Ofqual were included in the first column of the Schedule to that Act,

(b)any member or other person authorised to act on Ofqual's behalf were mentioned in the second column of that Schedule, and

(c)the regulations referred to in that Act included any document issued by Ofqual or under its authority.

Commencement Information

I298Sch. 9 para. 13 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Supplementary powersE+W+N.I.

14(1)Ofqual may do anything that it considers necessary or appropriate for the purposes of, or in connection with, its functions.E+W+N.I.

(2)The power in sub-paragraph (1) is subject to any restrictions imposed by or under any provision of any Act.

(3)Ofqual may not lend money.

Commencement Information

I299Sch. 9 para. 14 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Section 173

F412Schedule 10E+W+N.I.QCA: transfer schemes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 175

F413Schedule 11E+WThe Qualifications and Curriculum Development Agency

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Sections 174 and 192

Schedule 12E+W+N.I.Ofqual and the QCDA: minor and consequential amendments

Public Records Act 1958 (c. 51)E+W+N.I.

F4141E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F414Sch. 12 para. 1 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 26; S.I. 2012/924, art. 2

Parliamentary Commissioner Act 1967 (c. 13)E+W+N.I.

2(1)Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) is amended as follows.E+W+N.I.

(2)At the appropriate place insert— “ Office of Qualifications and Examinations Regulation. ”

F415(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F415Sch. 12 para. 2(3) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 26; S.I. 2012/924, art. 2

Commencement Information

I300Sch. 12 para. 2 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Local Authorities (Goods and Services) Act 1970 (c. 39)E+W+N.I.

F4163E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F416Sch. 12 para. 3 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 26; S.I. 2012/924, art. 2

Superannuation Act 1972 (c. 11)E+W+N.I.

F4174E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F417Sch. 12 para. 4 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 26; S.I. 2012/924, art. 2

House of Commons Disqualification Act 1975 (c. 24)E+W+N.I.

5(1)Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) is amended as follows.E+W+N.I.

F418(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)At the appropriate place insert— “ The Chief Regulator of Qualifications and Examinations and any member of the Office of Qualifications and Examinations Regulation in receipt of remuneration. ”

Textual Amendments

F418Sch. 12 para. 5(2) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 26; S.I. 2012/924, art. 2

Commencement Information

I301Sch. 12 para. 5 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Northern Ireland Assembly Disqualification Act 1975 (c. 25)E+W+N.I.

6E+W+N.I.In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert— “ The Chief Regulator of Qualifications and Examinations and any member of the Office of Qualifications and Examinations Regulation in receipt of remuneration. ”

Commencement Information

I302Sch. 12 para. 6 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Race Relations Act 1976 (c. 74)E+W+N.I.

F4197E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I303Sch. 12 para. 7 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Charities Act 1993 (c. 10)E+W+N.I.

F4208E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F420Sch. 12 para. 8 repealed (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 10 (with s. 20(2), Sch. 8)

Education Act 1996 (c. 56)E+W+N.I.

9E+W+N.I.The Education Act 1996 is amended as follows.

Commencement Information

I304Sch. 12 para. 9 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

F42110E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F421Sch. 12 para. 10 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 26; S.I. 2012/924, art. 2

11(1)Section 408 (provision of information) is amended as follows.E+W+N.I.

(2)In subsection (1)(a) after “2002” insert “ or the provisions of Parts 7 and 8 of the Apprenticeships, Skills, Children and Learning Act 2009 ”.

(3)In subsection (2)(e)—

(a)for “external” substitute “ relevant ”;

(b)after “2000)” insert “ which are approved under section 98 or 99 of that Act ”.

Commencement Information

I305Sch. 12 para. 11 in force at 1.4.2010 for E. by S.I. 2010/1151, art. 2, Sch. 1

I306Sch. 12 para. 11 in force at 1.11.2010 for W. by S.I. 2010/2413, art. 2(a) (with arts. 3-5)

Education Act 1997 (c. 44)E+W+N.I.

12E+W+N.I.The Education Act 1997 is amended as follows.

Commencement Information

I307Sch. 12 para. 12 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

13E+W+N.I.Sections 21 to 26A (the Qualifications and Curriculum Authority) cease to have effect.

Commencement Information

I308Sch. 12 para. 13 in force at 1.4.2010 for E. by S.I. 2010/1151, art. 2, Sch. 1

I309Sch. 12 para. 13 in force at 1.11.2010 for W. by S.I. 2010/2413, art. 2(a) (with arts. 3-5)

14E+W+N.I.In section 29 (functions of the Welsh Ministers in relation to curriculum and assessment) for subsection (5) substitute—

“(5)In this section—

(6)In the definition of “maintained school”, the reference to a community, foundation or voluntary school or to a community or foundation special school, is a reference to such a school within the meaning of the School Standards and Framework Act 1998.”

Commencement Information

I310Sch. 12 para. 14 in force at 1.11.2010 by S.I. 2010/2413, art. 2(a) (with arts. 3-5)

F42215E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F422Sch. 12 para. 15 omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 9(4); S.I. 2015/1687, art. 2 (with arts. 3-12)

16(1)Section 32 (supplementary provisions relating to discharge by the Welsh Ministers of their functions) is amended as follows.E+W+N.I.

(2)In subsection (1)(c)—

(a)in sub-paragraph (ii) before “requirements” insert “ reasonable ”;

(b)for sub-paragraph (iii) substitute—

“(iii)the reasonable requirements of persons with learning difficulties. ”

F423(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Omit subsection (4A).

(5)For subsection (6) substitute—

“(6)In this section “persons with learning difficulties” means—

(a)children with special educational needs (as defined in section 312 of the Education Act 1996), and

(b)other persons who—

(i)have a significantly greater difficulty in learning than the majority of persons of their age, or

(ii)have a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for persons of their age.

(7)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.”

Textual Amendments

F423Sch. 12 para. 16(3) omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 9(4); S.I. 2015/1687, art. 2 (with arts. 3-12)

Commencement Information

I311Sch. 12 para. 16 in force at 1.11.2010 by S.I. 2010/2413, art. 2(a) (with arts. 3-5)

F42417E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F424Sch. 12 paras. 17-19 omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 9(4); S.I. 2015/1687, art. 2 (with arts. 3-12)

F42418E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F424Sch. 12 paras. 17-19 omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 9(4); S.I. 2015/1687, art. 2 (with arts. 3-12)

F42419E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F424Sch. 12 paras. 17-19 omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 9(4); S.I. 2015/1687, art. 2 (with arts. 3-12)

F42520E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F425Sch. 12 para. 20 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 26; S.I. 2012/924, art. 2

21E+W+N.I.Section 36 (levy on bodies awarding qualifications accredited by relevant body) ceases to have effect.

Commencement Information

I312Sch. 12 para. 21 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

22E+W+N.I.In section 54(1) (orders and regulations) omit “, except an order under section 25 or 31,”.

Commencement Information

I313Sch. 12 para. 22 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

23E+W+N.I.In section 58(6) (short title, commencement and extent etc)—

(a)omit the entries for—

(i)sections 21 and 22,

(ii)section 24(4), (6) and (7),

(iii)sections 26 and 26A, and

(iv)Schedule 4;

(b)for “34 to 36” substitute “ 35 ”.

Commencement Information

I314Sch. 12 para. 23 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

24E+W+N.I.Schedule 4 (the Qualifications and Curriculum Authority) ceases to have effect.

Commencement Information

I315Sch. 12 para. 24 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

25E+W+N.I.In Schedule 7 (minor and consequential amendments) omit paragraph 2.

Commencement Information

I316Sch. 12 para. 25 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Learning and Skills Act 2000 (c. 21)E+W+N.I.

26E+W+N.I.The Learning and Skills Act 2000 is amended as follows.

Commencement Information

I317Sch. 12 para. 26 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

27(1)Section 96 (external qualifications: persons under 19) is amended as follows.E+W+N.I.

(2)In subsection (1)(b) for “an external qualification” substitute “ a relevant qualification ”.

(3)In subsection (2) for “external” substitute “ relevant ”.

(4)For subsections (5) to (7) substitute—

“(5)In this section “a relevant qualification”—

(a)in relation to England, means a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 applies;

(b)in relation to Wales, has the same meaning as in section 30 of the Education Act 1997.”

Commencement Information

I318Sch. 12 para. 27 in force at 1.4.2010 for E. by S.I. 2010/1151, art. 2, Sch. 1

I319Sch. 12 para. 27 in force at 1.11.2010 for W. by S.I. 2010/2413, art. 2(a) (with arts. 3-5)

28(1)Section 98 (approved qualifications: England) is amended as follows.E+W+N.I.

(2)Before subsection (3) insert—

“(2B)A qualification may be approved only if—

(a)the conditions mentioned in subsection (2C) are satisfied in relation to the qualification, or

(b)the Office of Qualifications and Examinations Regulation is consulted before the approval is given.

(2C)The conditions are that—

(a)the qualification is a regulated qualification within the meaning of Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009, and

(b)if the qualification is subject to the accreditation requirement (within the meaning of Chapter 2 of that Part), it is accredited under section 139 of that Act.”

F426(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F426Sch. 12 para. 28(3) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 50; S.I. 2012/924, art. 2

Commencement Information

I320Sch. 12 para. 28 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

F42729E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F427Sch. 12 para. 29 omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 9(4); S.I. 2015/1687, art. 2 (with arts. 3-12)

Freedom of Information Act 2000 (c. 36)E+W+N.I.

F42830E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F428Sch. 12 para. 30 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 26; S.I. 2012/924, art. 2

Education Act 2002 (c. 32)E+W+N.I.

31E+W+N.I.The Education Act 2002 is amended as follows.

Commencement Information

I321Sch. 12 para. 31 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

32(1)Section 76 (interpretation of Part 6) is amended as follows.E+W+N.I.

(2)At the beginning insert “ (1) ”.

(3)In the definition of “assess” omit “examine and”.

(4)In the definition of “assessment arrangements” for the words from “for the purpose” to the end substitute “ for the specified purposes ”.

(5)At the end insert—

“(2)In subsection (1) “the specified purposes”, in relation to assessment arrangements for a key stage, means—

(a)the purpose of ascertaining what pupils have achieved in relation to the attainment targets for that stage, and

(b)such other purposes as the Secretary of State may by order specify.”

Commencement Information

I322Sch. 12 para. 32 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

F42933E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F429Sch. 12 para. 33 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 26; S.I. 2012/924, art. 2

F43034E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F430Sch. 12 para. 34 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 26; S.I. 2012/924, art. 2

35(1)Section 87 (establishment of the National Curriculum for England by order) is amended as follows.E+W+N.I.

(2)In subsection (5) for “published as specified” substitute “ published by a person, and in the manner, specified ”.

(3)In subsection (7)—

(a)omit the “and” at the end of paragraph (a);

(b)after paragraph (b) insert—

“(c)the Qualifications and Curriculum Development Agency, and

(d)any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements,”.

(4)Omit subsection (9).

(5)In subsection (10) for the words before paragraph (a) substitute “The duties that may be imposed by virtue of subsection (7)(a) or (b) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them—”.

(6)For subsection (11) substitute—

“(11)An order under subsection (3)(c) may authorise a person specified in the order to make delegated supplementary provisions in relation to such matters as may be specified in the order.

(12)In this section “delegated supplementary provisions” means such provisions (other than provisions conferring or imposing functions as mentioned in subsection (7)(a) or (b)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.

(13)An order under subsection (3)(c) authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.

(14)Any delegated supplementary provisions shall, on being published as specified in the order under which they are made, have effect for the purposes of this Part as if made by the order.”

Commencement Information

I323Sch. 12 para. 35 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

36(1)Section 90 (development work and experiments) is amended as follows.E+W+N.I.

F431(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (5) for the words from “to the” to the end substitute “on any matters specified by the Secretary of State to—

(a)the Secretary of State, or

(b)the reviewing body.”

(4)After subsection (5) insert—

“(5A)If required by the Secretary of State to do so the reviewing body shall keep under review development work or experiments carried out following a direction given under subsection (1).

(5B)In this section “the reviewing body” means the Qualifications and Curriculum Development Agency, or any other person, if designated as such by the Secretary of State.

(5C)A designation under subsection (5B) may make different provision for different purposes.”

Textual Amendments

F431Sch. 12 para. 36(2) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 26; S.I. 2012/924, art. 2

Commencement Information

I324Sch. 12 para. 36 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

F43237E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F432Sch. 12 para. 37 omitted (15.1.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 26; S.I. 2012/84, art. 2

Childcare Act 2006 (c. 21)E+W+N.I.

38E+W+N.I.The Childcare Act 2006 is amended as follows.

Commencement Information

I325Sch. 12 para. 38 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

39(1)Section 41 (the learning and development requirements) is amended as follows.E+W+N.I.

(2)In subsection (2)(c) for the words from “for the purpose” to “early learning goals” substitute “ for the specified purposes ”.

(3)After subsection (4) insert—

“(4A)In subsection (2)(c) “the specified purposes” means—

(a)the purpose of ascertaining what children have achieved in relation to the early learning goals, and

(b)such other purposes as the Secretary of State may by order specify.”

Commencement Information

I326Sch. 12 para. 39 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

40(1)Section 42 (further provisions about assessment arrangements) is amended as follows.E+W+N.I.

(2)In subsection (2)—

(a)omit the “and” at the end of paragraph (b);

(b)after paragraph (c) insert—

“(d)the Qualifications and Curriculum Development Agency, and

(e)any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements.”

(3)Omit subsection (4).

(4)In subsection (5) for the words before paragraph (a) substitute “ The duties that may be imposed on a person mentioned in subsection (2)(a) to (c) by virtue of subsection (1) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them— ”.

(5)For subsection (6) substitute—

“(6)A learning and development order specifying assessment arrangements may authorise a person specified in the order to make delegated supplementary provisions in relation to such matters as may be specified in the order.

(6A)In this section “delegated supplementary provisions” means such provisions (other than provisions conferring or imposing functions on persons mentioned in subsection (2)(a) to (c)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.

(6B)A learning and development order authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.

(6C)Any delegated supplementary provisions, on being published as specified in the order under which they are made, are to have effect for the purposes of this Chapter as if made by the order.”

Commencement Information

I327Sch. 12 para. 40 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

41E+W+N.I.In section 44(1) (instruments specifying learning and development or welfare requirements) for “published as specified” substitute “ published by a person, and in the manner, specified ”.

Commencement Information

I328Sch. 12 para. 41 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

42E+W+N.I.In section 46 (power to enable exemptions from learning and development requirements to be conferred) after subsection (1) insert—

“(1A)Regulations under subsection (1) may make provision about the conditions which may be imposed by the Secretary of State on making a direction.

(1B)If required by the Secretary of State to do so the reviewing body must keep under review the effect of a direction given under regulations made under subsection (1).

(1C)In subsection (1B) “the reviewing body” means the Qualifications and Curriculum Development Agency, or any other person, if designated as such by the Secretary of State.

(1D)A designation under subsection (1C) may make different provision for different purposes.”

Commencement Information

I329Sch. 12 para. 42 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Safeguarding Vulnerable Groups Act 2006 (c. 47)E+W+N.I.

F43343E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F433Sch. 12 para. 43 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 26; S.I. 2012/924, art. 2; and provision also repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(bb)

Section 203

Schedule 13E+WPowers in relation to schools causing concern: England

1E+WPart 4 of the Education and Inspections Act 2006 (c. 40) (schools causing concern: England) is amended as follows.

Commencement Information

I330Sch. 13 para. 1 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

2(1)Section 59(2) (meaning of schools being “eligible for intervention”) is amended as follows.E+W

(2)For “warning notice by [F120local authority]” substitute “ performance standards and safety warning notice ”.

(3)Before “section 61” insert—

“section 60A (teachers' pay and conditions warning notice),”.

Textual Amendments

Commencement Information

I331Sch. 13 para. 2 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

3E+WFor the title of section 60 substitute “ Performance standards and safety warning notice ”.

Commencement Information

I332Sch. 13 para. 3 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

4E+WAfter section 60 insert—

“60ATeachers' pay and conditions warning notice

(1)A maintained school is by virtue of this section eligible for intervention if—

(a)the [F120local authority] have given the governing body a warning notice in accordance with subsection (2),

(b)the period beginning with the day on which the warning notice is given and ending with the fifteenth working day following that day (“the initial period”) has expired,

(c)either the governing body made no representations under subsection (7) to the [F120local authority] against the warning notice during the initial period or the [F120local authority] have confirmed the warning notice under subsection (8),

(d)the governing body have failed to comply, or secure compliance, with the notice to the authority's satisfaction by the end of the compliance period (as defined by subsection (10)), and

(e)the authority have given reasonable notice in writing to the governing body that they propose to exercise their powers under any one or more of sections 64 to 66.

(2)A [F120local authority] may give a warning notice to the governing body of a maintained school where the authority are satisfied that—

(a)the governing body have failed to comply with a provision of an order under section 122 of EA 2002 (teachers' pay and conditions) that applies to a teacher at the school, or

(b)the governing body have failed to secure that the head teacher of the school complies with such a provision.

(3)In subsection (2) references to an order under section 122 of EA 2002 include a document by reference to which provision is made in such an order.

(4)For the purposes of this section a “warning notice” is a notice in writing by the [F120local authority] setting out—

(a)the matters on which the conclusion mentioned in subsection (2) is based,

(b)the action which they require the governing body to take in order to remedy those matters,

(c)the initial period applying under subsection (1)(b), and

(d)the action which the [F120local authority] are minded to take (under one or more of sections 64 to 66 or otherwise) if the governing body fail to take the required action.

(5)The warning notice must also inform the governing body of their right to make representations under subsection (7) during the initial period.

(6)The [F120local authority] must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—

(a)the head teacher of the school,

(b)in the case of a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(c)in the case of a foundation or voluntary school, the person who appoints the foundation governors.

(7)Before the end of the initial period, the governing body may make representations in writing to the [F120local authority] against the warning notice.

(8)The [F120local authority] must consider any representations made to them under subsection (7) and may, if they think fit, confirm the warning notice.

(9)The [F120local authority] must give notice in writing of their decision whether or not to confirm the warning notice to the governing body and such other persons as the Secretary of State may require.

(10)In this section “the compliance period”, in relation to a warning notice, means—

(a)in a case where the governing body does not make representations under subsection (7), the initial period mentioned in subsection (1)(b), and

(b)in a case where the [F120local authority] confirm the warning notice under subsection (8), the period beginning with the day on which they do so and ending with the fifteenth working day following that day.”

Textual Amendments

Commencement Information

I333Sch. 13 para. 4 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

5(1)Section 63 (power of [F120local authority] to require governing body to enter into arrangements) is amended as follows.E+W

(2)In subsection (1) after “eligible for intervention” insert “ other than by virtue of section 60A ”.

(3)In subsection (3) for “formal warning” substitute “ performance standards and safety warning ”.

Textual Amendments

Commencement Information

I334Sch. 13 para. 5 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

6(1)Section 64 (power of [F120local authority] etc to appoint additional governors) is amended as follows.E+W

F434(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F434(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In subsection (2)—

(a)for “formal warning)” substitute “performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)”, and

(b)after “60(10)” insert “ or as the case may be section 60A(10) ”.

(5)In subsection (4)—

(a)in paragraph (a) for “formal warning)” substitute “performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)”,

(b)after paragraph (b) insert—

“and

(c)the Secretary of State has not exercised the power under section 67 in connection with the same warning notice,”.

Textual Amendments

F434Sch. 13 para. 6(2)(3) omitted (11.1.2017) by virtue of Education and Adoption Act 2016 (c. 6), ss. 16(a), 19(2); S.I. 2017/6, reg. 2(b)

Commencement Information

I335Sch. 13 para. 6 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

7E+WIn section 66(2) (power of [F120local authority] to suspend right to delegated budget)—

(a)for “formal warning)” substitute “performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)”, and

(b)after “60(10)” insert “ or as the case may be section 60A(10) ”.

Textual Amendments

Commencement Information

I336Sch. 13 para. 7 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

8E+WIn section 67(1) (power of Secretary of State to appoint additional governors) omit the words from “by virtue of” to “special measures)”.

Commencement Information

I337Sch. 13 para. 8 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

9E+WIn section 69(1) (power of Secretary of State to provide for governing body to consist of interim executive members) omit the words from “by virtue of” to “special measures)”.

Commencement Information

I338Sch. 13 para. 9 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

10E+WAfter section 69 insert—

“69APower of Secretary of State to direct [F120local authority] to consider giving performance standards and safety warning notice

(1)This section applies if the Secretary of State thinks that the conditions in subsections (2) and (3) are met.

(2)The condition is that there are reasonable grounds for a [F120local authority] to give a warning notice to the governing body of a maintained school under section 60 (performance standards and safety warning notice).

(3)The condition is that one of the following applies—

(a)the authority have not given a warning notice to the governing body under section 60 on those grounds;

(b)the authority have done so, but in inadequate terms;

(c)the authority have given a warning notice to the governing body under section 60 on those grounds, but the Chief Inspector has failed or declined to confirm it;

(d)the school has become eligible for intervention on those grounds by virtue of section 60, but the period of two months following the end of the compliance period (as defined by section 60(10)) has ended.

(4)The Secretary of State may direct the [F120local authority] to consider giving a warning notice to the governing body under section 60 in the terms specified in the direction.

(5)A direction under subsection (4) must be in writing.

(6)If the Secretary of State gives a direction under subsection (4) to a [F120local authority] in respect of a governing body, the authority must—

(a)give the Secretary of State a written response to the direction before the end of the period of 10 working days beginning with the day on which the direction is given, and

(b)on the same day as they do so, give the Chief Inspector a copy of the response.

(7)The [F120local authority]'s response to the direction must do one of the following—

(a)state that the authority have decided to give a warning notice to the governing body in the specified terms;

(b)state that the authority have decided not to give a warning notice to the governing body in those terms.

(8)If the response states that the authority have decided to give a warning notice to the governing body in the specified terms, the authority must—

(a)give the warning notice to the governing body in those terms before the end of the period of 5 working days beginning with the day on which the response is given (and withdraw any previous warning notice given to the governing body under section 60), and

(b)on the same day as they do so, give the Secretary of State a copy of the notice.

(9)If the response states that the authority have decided not to give a warning notice to the governing body in the specified terms, it must set out the authority's reasons for the decision.

(10)Subsection (8)(b) applies in addition to section 60(6).

69BPower of Secretary of State to direct [F120local authority] to give teachers' pay and conditions warning notice

(1)This section applies if the Secretary of State thinks that the conditions in subsections (2) and (3) are met.

(2)The condition is that there are reasonable grounds for a [F120local authority] to give a warning notice to the governing body of a maintained school under section 60A (teachers' pay and conditions warning notice).

(3)The condition is that one of the following applies—

(a)the authority have not given a warning notice to the governing body under section 60A on those grounds;

(b)the authority have done so, but in inadequate terms;

(c)the authority have given a warning notice to the governing body under section 60A on those grounds, but have declined or failed to confirm it;

(d)the school has become eligible for intervention on those grounds by virtue of section 60A, but the period of two months following the end of the compliance period (as defined by section 60A(10)) has ended.

(4)The Secretary of State may direct the [F120local authority] to consider giving a warning notice to the governing body under section 60A in the terms specified in the direction.

(5)If the Secretary of State gives a direction under subsection (4) to a [F120local authority] in respect of a governing body, the authority must—

(a)give a copy of the direction to the governing body before the end of the period of 2 working days beginning with the day on which the direction is given,

(b)when it does so, invite the governing body to give the authority a written response before the end of the period of 7 working days beginning with the day on which the direction is given, and

(c)give the Secretary of State the authority's written response, and any response received from the governing body in accordance with paragraph (b), before the end of the period of 10 working days beginning with the day on which the direction is given.

(6)The [F120local authority]'s response to the direction must do one of the following—

(a)state that the authority have decided to give a warning notice to the governing body in the specified terms;

(b)state that the authority have decided not to give a warning notice to the governing body in those terms.

(7)If the response states that the authority have decided to give a warning notice to the governing body in the specified terms, the authority must—

(a)give the warning notice to the governing body in those terms before the end of the period of 5 working days beginning with the day on which the response is given (and withdraw any previous warning notice given to the governing body under section 60A), and

(b)on the same day as they do so, give the Secretary of State a copy of the notice.

(8)If the response states that the authority have decided not to give a warning notice to the governing body in the specified terms—

(a)the response must set out the authority's reasons for the decision, and

(b)the Secretary of State may direct the authority to give the warning notice to the governing body in those terms (and to withdraw any previous warning notice given to the governing body under section 60A).

(9)If the Secretary of State directs the authority under subsection (8)(b) to give a warning notice to the governing body in the specified terms, the authority must—

(a)comply with the direction under subsection (8)(b) before the end of the period of 5 working days beginning with the day on which that direction is given, and

(b)on the same day as they do so, give the Secretary of State a copy of the notice.

(10)Subsections (7)(b) and (9)(b) apply in addition to section 60A(6).

(11)A direction under this section must be in writing.”

Textual Amendments

Commencement Information

I339Sch. 13 para. 10 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

F43511E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F435Sch. 13 para. 11 omitted (11.1.2017) by virtue of Education and Adoption Act 2016 (c. 6), ss. 16(a), 19(2); S.I. 2017/6, reg. 2(b)

Section 205

F436Schedule 14E+WPowers in relation to schools causing concern: Wales

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 227

F437Schedule 15E+WThe School Support Staff Negotiating Body

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 266

Schedule 16U.K.Repeals and revocations

Commencement Information

I340Sch. 16 partly in force; Sch. 16 in force for specified purposes at 12.1.2010 see s. 269(2)

Part 1U.K.[F120Local authority] functions

Commencement Information

I341Sch. 16 Pt. 1 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

TitleExtent of repeal
Education Act 1996 (c. 56)Section 509.
School Standards and Framework Act 1998 (c. 31)Section 128.
In Schedule 30, paragraph 64.
Education and Inspections Act 2006 (c. 40)Section 81.

Part 2U.K.Dissolution of the LSC

Commencement Information

I342Sch. 16 Pt. 2 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 13, 14) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

TitleExtent of repeal
Further and Higher Education Act 1992 (c. 13)In section 56B(3), the word “its”.
In section 56C(4), the words “to it”.
Learning and Skills Act 2000 (c. 21)Part 1.
Section 97.
Section 98(2A).
Section 99(2A).
In section 101(1), paragraph (c) (and the word “or” before it).
In section 102(1), paragraph (c) (and the word “or” before it).

In section 113A—

(a)

subsections (1), (4)(aa), (5), (7), (8) and (9)(f);

(b)

in subsection (11), paragraph (a) of the definition of “regulations” (and the word “and” after it) and paragraph (a) of the definition of “relevant authority” (and the word “and” after it).

Schedules 1, 1A and 3.

In Schedule 7A—

(a)

in paragraph 1, the words “approved or” and “approval or”, wherever occurring;

(b)

in paragraph 3(4), paragraph (a);

(c)

paragraphs 5(1), 6(1) and 7(1) and (2).

Education and Inspections Act 2006 (c. 40)Section 75.
Further Education and Training Act 2007 (c. 25)Section 1.
Section 2.
Sections 4 to 10.
Sections 11 to 13.
Sections 14 to 16.
Education and Skills Act 2008 (c. 25)Section 159(2).
Section 160(2).

Part 3U.K.Sixth form college sector

Commencement Information

I343Sch. 16 Pt. 3 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

TitleExtent of repeal
Education and Inspections Act 2006Section 11(1)(b) and (2)(a).

Part 4U.K.Ofqual and the QCDA

Commencement Information

I344Sch. 16 Pt. 4 in force at 1.4.2010 for specified purposes by S.I. 2010/1151, art. 2, Sch. 1

I345Sch. 16 Pt. 4 in force at 1.11.2010 for specified purposes by S.I. 2010/2413, art. 2(a)(b) (with arts. 3-5)

I346Sch. 16 Pt. 4 in force at 31.5.2013 for specified purposes by S.I. 2013/975, art. 2(c)

TitleExtent of repeal or revocation
Charities Act 1993 (c. 10)In Schedule 2, paragraph (da).
Education Act 1997 (c. 44)Sections 21 to 26A.
Section 30(1C), (1D), (2) and (6).
Section 32(4A).
Section 32A(6).
Section 36.
In section 54(1), the words “, except an order under section 25 or 31,”.

In section 58(6), the entries for—

(a)

sections 21 and 22;

(b)

section 24(4), (6) and (7);

(c)

sections 26 and 26A;

(d)

Schedule 4 (and the word “and” before it).

Schedule 4.

In Schedule 7—

(a)

paragraph 1;

(b)

paragraph 2 (and the italic heading before it);

(c)

paragraph 3(1)(b) (and the word “and” before it);

(d)

paragraph 4(3);

(e)

paragraph 29(a) (and the word “and” after it).

School Standards and Framework Act 1998 (c. 31)In Schedule 30, paragraph 214.
Learning and Skills Act 2000 (c. 21)Section 103(2) and (3).
In Schedule 9, paragraph 69.
Education Act 2002 (c. 32)In section 76, in the definition of “assess”, the words “examine and”.

In section 87—

(a)

in subsection (7), the word “and” at the end of paragraph (a);

(b)

subsection (9).

In section 96(6), the words from “and shall send copies” to the end.
In section 216(2), the words “paragraphs 1 to 4 and 9 of Schedule 17, and section 189 so far as relating to those paragraphs,”.

In Schedule 17—

(a)

paragraphs 1 to 4 and the italic heading before paragraph 1;

(b)

paragraph 5(6);

(c)

paragraph 9 and the italic heading before it.

In Schedule 21, paragraph 69.
The Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239)In Schedule 1, paragraphs 7, 22, 23 and 24.
Childcare Act 2006 (c. 21)

In section 42—

(a)

in subsection (2), the word “and” at the end of paragraph (b);

(b)

subsection (4).

In Schedule 1—

(a)

paragraph 2 and the italic heading before it;

(b)

paragraph 10(9).

Education and Inspections Act 2006 (c. 40)In Schedule 14, paragraphs 21 and 25.
Education and Skills Act 2008 (c. 25)Section 9.
Section 161.
Section 162(2) to (5).
Section 163.

Part 5U.K.Co-operation to improve well-being of children

Commencement Information

I347Sch. 16 Pt. 5 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch.

I348Sch. 16 Pt. 5 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

TitleExtent of repeal
Children Act 2004 (c. 31)

In section 10—

(a)

subsection (4)(g);

(b)

subsections (6) and (7).

Part 6U.K.Schools causing concern

Commencement Information

I349Sch. 16 Pt. 6 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

TitleExtent of repeal
Education and Inspections Act 2006In section 67(1), the words from “by virtue of” to “special measures)”.
In section 69(1), the words from “by virtue of” to “special measures)”.

F438Part 7U.K.Complaints

Textual Amendments

F438Sch. 16 Pt. 7 omitted (1.8.2012) by virtue of Education Act 2011 (c. 21), ss. 45(2)(g), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 8U.K.School inspections

Commencement Information

I350Sch. 16 Pt. 8 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

TitleExtent of repeal
Education and Inspections Act 2006 (c. 40)

In Schedule 12—

(a)

in paragraph 9(1), the word “or” at the end of paragraph (b);

(b)

in paragraph 10(1), the word “or” at the end of paragraph (b).

Part 9U.K.Information about local authority expenditure

Commencement Information

I351Sch. 16 Pt. 9 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

TitleExtent of repeal
School Standards and Framework Act 1998 (c. 31)Section 53.
Public Audit (Wales) Act 2004 (c. 23)In Schedule 2, paragraph 40.

Part 10U.K.Support for participation in education and training

Commencement Information

I352Sch. 16 Pt. 10 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

TitleExtent of repeal
Education and Skills Act 2008 (c. 25)Section 15.
Section 76(1).

Part 11U.K.Foundation degrees: Wales

Commencement Information

I353Sch. 16 Pt. 11 in force at 1.10.2010 by S.I. 2010/2413, art. 2(d) (with arts. 3-5)

TitleExtent of repeal
Further and Higher Education Act 1992 (c. 13)In section 76(1)(b), the words “in England”.