Part 4F42Apprenticeships and adult education and training: role of Secretary of State
Chapter 1F41Apprenticeships and adult education and training
Pt. 4 Ch. 1 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(b)
F38...
S. 81 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 2
F3881The Chief Executive of Skills Funding
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F37...
S. 82 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 3
F3782Apprenticeship functions
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Apprenticeship training for persons aged 16 to 18 and certain young adults
I183F11Power to secure provision of apprenticeship training
1
The F45Secretary 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 F16for 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 F45Secretary of State must have regard (in particular) to—
a
the persons' ages, abilities and aptitudes,
b
any F17special 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 F45Secretary 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).
F154
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5
In this Part “apprenticeship training” means training provided in connection with—
F44a
an approved English apprenticeship, or
b
any contract of service (other than an approved English apprenticeship agreement) or contract of apprenticeship.
83AF13The apprenticeship offer
1
The F48Secretary 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 F46opportunity 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 21 towards whom a local authority in England has the duties provided for in section 23C 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 F49Secretary of State must have regard) apply for the purposes of the apprenticeship offer.
F5010
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F4711
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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.
83BLimit on scope of the apprenticeship offer
1
The F53Secretary of State is not required by the apprenticeship offer to secure the provision of facilities for apprenticeship training F52for 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).
F511A
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).
F542
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F543
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F544
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F545
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F5584Arrangements and co-operation with F1local authorities
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F5685F12Provision of apprenticeship training etc for persons within section 83 or 83A
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Education and training for persons aged 19 or over etc.
I286Education and training for persons aged 19 or over and others subject to adult detention
1
F60The 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 F18for 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 F783A or 87 applies to the provision of those facilities.
F593
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F584
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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—
“education” includes full-time and part-time education;
“training” includes—
- a
full-time and part-time training;
- b
vocational, social, physical and recreational training;
- c
apprenticeship training.
- a
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.
F578
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I387Learning aims for persons aged 19 or over: provision of facilities
1
F61The 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 F19for 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 F62Secretary of State to be at a comparable or higher level, and
c
satisfy such conditions as may be specified in regulations.
F634
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F645
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6
For the purposes of this section—
“education” includes full-time and part-time education;
“training” includes full-time and part-time training.
I488Learning aims for persons aged 19 or over: payment of tuition fees
1
Functions under this Part must be exercised by the F65Secretary of State so as to secure that a course of study for a qualification to which F4paragraph 1(a) or (b) 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 F66Secretary of State to be at a comparable or higher level, and
c
satisfies such conditions as may be specified in regulations.
F52A
Functions under this Part must be exercised by the F67Secretary 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 F68Secretary 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 F1424 ,
b
does not have the qualification in question or one (including one awarded by a person outside England) which appears to the F69Secretary 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 F70Secretary 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.
I589Sections 87 and 88: supplementary
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.
I690Encouragement of education and training for persons aged 19 or over and others subject to adult detention
1
The F72Secretary of State must—
a
encourage participation by persons within section 86(1)(a) and (b) in education and training within the F73Secretary of State's remit under this Part ;
b
encourage employers to participate in the provision of education and training within the F73Secretary 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 F73Secretary 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—
F71a
an approved English apprenticeship, or
b
any contract of employment (other than an approved English apprenticeship agreement) in connection with which training is provided.
The apprenticeship offer
F691Duty to secure availability of apprenticeship places
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F692Election for apprenticeship offer
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F693Meaning of “apprenticeship place”
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F694Suitability and availability of apprenticeship places: further provision
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F695Apprenticeship offer requirements
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F696Apprenticeship offer requirements: interpretation
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F697Suspension of offer
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F698Power to amend apprenticeship offer
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F699Apprenticeship offer: interpretation
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Chapter 2F40Provision of services to other bodies
Pt. 4 Ch. 2 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(c)
Funding
I7100Provision of financial resources
1
The F74Secretary of State may secure the provision of financial resources F27under this subsection to—
a
persons providing or proposing to provide education or training within the F77Secretary 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;
F78f
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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;
F8i
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j
persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).
F281A
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 F112 English statutory apprenticeships or to undertake work following the completion of such apprenticeships, or
b
otherwise in connection with F112 English statutory apprenticeships .
F792
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3
The F75Secretary of State may secure the provision of financial resources under subsection (1) F29or (1A) —
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 F80Secretary of State ).
4
The F76Secretary of State may under subsection (1)(c) F30or (1A) secure the provision of financial resources 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).
F1115
In this section “English statutory apprenticeship” has the same meaning as in section 40A (see subsection (3) of that section).
I8101Financial resources: conditions
1
Financial resources provided F81by the Secretary of State under section 100 may be provided subject to conditions.
2
The conditions may F31(among other things) include—
a
information conditions;
b
F32operational conditions;
c
repayment conditions.
3
Information conditions are conditions which—
a
4
F33Operational conditions are conditions which require a person providing or proposing to provide education or training (“the provider”) to make arrangements providing for all or any of the matters mentioned in subsection (5).
5
F34The matters are the following—
a
the charging of fees by the provider by reference to specified criteria;
b
the making of awards by the provider by reference to specified criteria;
c
the recovery by the provider of amounts from persons receiving education or training or from employers (or from both);
d
the determination of amounts by reference to specified criteria where provision is made under paragraph (c);
e
the operation of specified exemptions where provision is made under paragraph (c);
6
Repayment conditions are conditions which—
a
b
require the payment of interest in respect of any period in which a sum due to the F86Secretary of State in accordance with any condition is unpaid.
I9102Performance assessments
1
2
The F89Secretary of State may take the assessments into account in deciding how to exercise the powers under section 100.
I10103Means tests
1
F90For 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.
F912
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Apprenticeships: general
F9104Assistance and support in relation to apprenticeship places
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F92I15105Promoting progression from level 2 to level 3 apprenticeships
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F93106Advice and assistance in relation to apprenticeships
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Provision of services and assistance
I11107Provision of services
1
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
4
In this section “permitted recipient” means—
F96a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the Welsh Ministers;
c
the Scottish Ministers;
d
a Northern Ireland department;
F2e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F975
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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 F98Secretary 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.
F99108Assistance with respect to employment and training
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F100109Assistance with respect to employment and training: Northern Ireland
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F36...
S. 110 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 21
F36110Research, information and advice
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F101111Power to confer supplementary functions on Chief Executive
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Chapter 3F39... supplementary
Words 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)
Strategies
F3112Strategies for functions of Chief Executive
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F3113
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F3114Strategies: duty of Chief Executive
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Other
I12115Persons with F22special educational needs
1
2
This section applies to—
a
persons who are aged 19 or over, other than persons aged under 25 F24 for whom an EHC plan is maintained , and
b
persons who are subject to adult detention.
F253
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F264
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I13116Persons subject to adult detention
F35117Use of information by Chief Executive
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F35118Guidance
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F35118ADirections: consultation
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F35119Directions: funding of qualifications
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F35120Other directions relating to functions of the office
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Chapter 4General
120AF43Territorial application of Part
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.
I14121Interpretation of Part
1
2
In this Part a reference to education within F110the 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 F106the Secretary of State's remit under this Part is a reference to—
a
training falling within section 83(1),
F10aa
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.
Pt. 4 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(a)