Part 4F14Apprenticeships and adult education and training: role of Secretary of State

Annotations:
Amendments (Textual)
F14

Pt. 4 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(a)

Chapter 2F13Provision of services to other bodies

Annotations:
Amendments (Textual)
F13

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

I1C6C18C2C10C22C14C25100Provision of financial resources

C9C1C13C17C21C5C281

The F15Secretary of State may secure the provision of financial resources F6under this subsection to—

a

persons providing or proposing to provide education or training within the F16Secretary 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;

F17f

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

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;

F2i

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

j

persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).

F71A

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 F41 English statutory apprenticeships or to undertake work following the completion of such apprenticeships, or

b

otherwise in connection with F41English statutory apprenticeships.

F461B

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.

F421AA

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.

F182

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

3

F43The 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 F19Secretary of State).

4

F44The 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 F47this section—

“approved steps towards occupational competence” has the meaning given by section A2DB;

“approved technical education qualification” has the meaning given by section A2DA;

“English statutory apprenticeship” has the same meaning as in section 40A (see subsection (3) of that section).

F45“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

I2C3C23C7C15C11C19C26101Financial resources: conditions

1

Financial resources provided F20by the Secretary of State under section 100 may be provided subject to conditions.

2

The conditions may F8(among other things) include—

a

information conditions;

b

F9operational conditions;

c

repayment conditions.

3

Information conditions are conditions which—

a

require the F21Secretary of State , or a person designated by the F21Secretary 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 F22Secretary of State such information as the F22Secretary of State may request for the purpose of carrying out F23functions under this Part .

4

F10Operational 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

F11The 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);

f

the making by the provider of provision specified in F4an EHC plan or a report of an assessment under section F5... 140 of the Learning and Skills Act 2000 (c. 21) (assessments relating to learning difficulties).

6

Repayment conditions are conditions which—

a

enable the F24Secretary of State to require the repayment (in whole or part) of sums paid by the F24Secretary 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 F25Secretary of State in accordance with any condition is unpaid.

I3102Performance assessments

1

The F26Secretary of State may adopt or develop schemes for the assessment of the performance of persons in providing education or training within the F27Secretary of State's remit under this Part .

2

The F28Secretary of State may take the assessments into account in deciding how to exercise the powers under section 100.

I4C4C8C12C16C24C20C27103Means tests

1

F29For 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.

F302

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

Apprenticeships: general

F3104Assistance and support in relation to apprenticeship places

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

F31I6105Promoting progression from level 2 to level 3 apprenticeships

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

F32106Advice and assistance in relation to apprenticeships

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

Provision of services and assistance

I5107Provision of services

1

The F33Secretary of State may make arrangements with a permitted recipient for the provision by the F33Secretary 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 F34Secretary of State in respect of expenditure incurred by the F34Secretary of State in performing any function under the arrangements.

4

In this section “permitted recipient” means—

F35a

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

b

the Welsh Ministers;

c

the Scottish Ministers;

d

a Northern Ireland department;

F1e

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

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.

F365

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

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 F37Secretary 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.

F38108Assistance with respect to employment and training

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

F39109Assistance with respect to employment and training: Northern Ireland

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

F12...

Annotations:
Amendments (Textual)
F12

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

F12110Research, information and advice

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

F40111Power to confer supplementary functions on Chief Executive

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