Part 1Apprenticeships, study and training
F1CHAPTER ZA1The Institute for Apprenticeships F4and Technical Education
Words in Pt. 1 inserted (31.1.2019) by Technical and Further Education Act 2017 (c. 19), ss. 1(2)(a), 47(2); S.I. 2019/61, reg. 2(a)
Establishment
ZA1The Institute for Apprenticeships F4and Technical Education
1
A body corporate known as the Institute for Apprenticeships F4and Technical Education is established.
2
In this Act that body is referred to as “F7the Institute”.
3
Schedule A1 makes further provision about the F6Institute.
General duties and functions
ZA2General duties
1
So far as relevant, and subject to any notice given by the Secretary of State under subsection (2), in performing its functions the F6Institute 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
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5
The F6Institute must perform its functions efficiently and effectively.
6
For the purposes of this section, 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, or
c
for the purposes of approved steps towards occupational competence.
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.
ZA3Provision of advice and assistance to the Secretary of State etc
1
The F6Institute 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 F3in relation to England relating to—
a
apprenticeships, or
b
other education or training.
2
The Secretary of State's functions mentioned in subsection (1) include those under section F9100(1A) or (1B) or otherwise relating to the funding, in relation to England, of the things mentioned in paragraphs (a) and (b) of that subsection.
ZA4Delegation of functions to the F6Institute by Secretary of State
1
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 F11100(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.
ZA5Conferral of further functions on the F6Institute by regulations
1
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.
ZA6Annual and other reports
1
As soon as reasonably practicable after the end of each financial year, the F6Institute must prepare an annual report.
2
An annual report is a report which includes—
a
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 F6Institute 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 F6Institute 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.
Compliance
ZA7Secretary of State directions where the F6Institute fails to discharge duties etc
If the Secretary of State is satisfied that the F6Institute—
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 F6Institute such directions as the Secretary of State considers appropriate.
Directions
ZA8General provision about directions under Chapters ZA1 and A1
1
This section applies to a direction given to the F6Institute by the Secretary of State under this Chapter or Chapter A1.
2
The F6Institute must comply with the direction.
3
The direction must be in writing.
Pt. 1 Ch. ZA1 inserted (1.4.2017) by Enterprise Act 2016 (c. 12), s. 44(5), Sch. 4 para. 2; S.I. 2017/346, reg. 2(a)