- Latest available (Revised)
- Point in Time (01/09/2012)
- Original (As enacted)
Version Superseded: 01/08/2013
Point in time view as at 01/09/2012.
Apprenticeships, Skills, Children and Learning Act 2009, Cross Heading: Education and training for persons aged 19 or over etc. is up to date with all changes known to be in force on or before 26 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The Chief Executive must secure the provision of reasonable facilities for—
(a)education suitable to the requirements of persons who are aged 19 or over, other than persons aged under 25 who are subject to learning difficulty assessment,
(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 [F183A or] 87 applies to the provision of those facilities.
(3)Facilities are reasonable if (taking account of the Chief Executive's resources) their quantity and quality are such that the Chief Executive can reasonably be expected to secure their provision.
(4)In discharging the duty under subsection (1) the Chief Executive must—
(a)take account of the places where facilities are provided, the character of facilities and the way they are equipped;
(b)take account of the different abilities and aptitudes of different persons;
(c)take account of the education and skills required in different sectors of employment for employees and potential employees;
(d)take account of facilities the provision of which the Chief Executive thinks might reasonably be secured by other persons;
(e)act with a view to encouraging diversity of education and training available to individuals;
(f)act with a view to increasing opportunities for individuals to exercise choice;
(g)have regard to the desirability of enabling persons subject to adult detention to continue programmes of education or training which they have begun;
(h)have regard to the desirability of the core entitlement F2... being satisfied for persons subject to adult detention but aged under 19 F2...;
(i)make the best use of resources.
(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—
full-time and part-time training;
vocational, social, physical and recreational training;
apprenticeship training.
(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.
[F3(8)Section 17C of the Education Act 1996 (the core entitlement) applies for the purposes of subsection (4)(h).]
Textual Amendments
F1Words 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
F2Words in s. 86(4)(h) omitted (15.1.2012) by virtue of Education Act 2011 (c. 21), ss. 30(8)(a), 82(2)(b)
F3S. 86(8) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 30(8)(b), 82(2)(b)
Commencement Information
I1S. 86 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
(1)The Chief Executive must secure the provision of proper facilities for relevant education or training for persons falling within subsection (3) which is suitable to their requirements.
(2)Relevant education or training is education 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 who are subject to learning difficulty assessment,
(b)do not have the qualification in question or one (including one awarded by a person outside England) which appears to the Chief Executive to be at a comparable or higher level, and
(c)satisfy such conditions as may be specified in regulations.
(4)Facilities are proper if they are—
(a)of a quantity sufficient to meet the reasonable needs of individuals, and
(b)of a quality adequate to meet those needs.
(5)In discharging the duty under subsection (1) the Chief Executive must—
(a)take account of the places where facilities are provided, the character of facilities and the way they are equipped;
(b)take account of the different abilities and aptitudes of different persons;
(c)take account of the education and training required in different sectors of employment for employees and potential employees;
(d)act with a view to encouraging diversity of education and training available to individuals;
(e)act with a view to increasing opportunities for individuals to exercise choice;
(f)make the best use of the Chief Executive's resources.
(6)For the purposes of this section—
“education” includes full-time and part-time education;
“training” includes full-time and part-time training.
Commencement Information
I2S. 87 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
(1)Functions under this Part must be exercised by the Chief Executive 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 Chief Executive to be at a comparable or higher level, and
(c)satisfies such conditions as may be specified in regulations.
[F5(2A)Functions under this Part must be exercised by the Chief Executive 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 Chief Executive 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 [F624 ] ,
(b)does not have the qualification in question or one (including one awarded by a person outside England) which appears to the Chief Executive 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 Chief Executive, 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
F4Words 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
F5S. 88(2A) inserted (1.8.2012) by Education Act 2011 (c. 21), ss. 73(2)(b), 82(3); S.I. 2012/1087, art. 2
F6Word 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
Commencement Information
I3S. 88 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
(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
I4S. 89 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
(1)The Chief Executive must—
(a)encourage participation by persons within section 86(1)(a) and (b) in education and training within the Chief Executive's remit;
(b)encourage employers to participate in the provision of education and training within the Chief Executive's remit for persons within section 86(1)(a);
(c)encourage employers to contribute to the costs of education and training within the Chief Executive's remit 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, or
(b)any other contract of employment in connection with which training is provided.
Commencement Information
I5S. 90 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: