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

Chapter 2Provision of services to other bodies

Funding

100Provision of financial resources

(1)

The F1Secretary of State may secure the provision of financial resources F2under this subsection to—

(a)

persons providing or proposing to provide education or training within the F3Secretary 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;

F4(f)

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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;

F5(i)

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(j)

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

F6(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 approved English apprenticeships or to undertake work following the completion of such apprenticeships, or

(b)

otherwise in connection with approved English apprenticeships.

F7(2)

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(3)

The F8Secretary of State may secure the provision of financial resources under subsection (1) F9or (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 F10Secretary of State ).

(4)

The F11Secretary of State may under subsection (1)(c) F12or (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).

101Financial resources: conditions

(1)

Financial resources provided F13by the Secretary of State under section 100 may be provided subject to conditions.

(2)

The conditions may F14(among other things) include—

(a)

information conditions;

(b)

F15operational conditions;

(c)

repayment conditions.

(3)

Information conditions are conditions which—

(a)

require the F16Secretary of State , or a person designated by the F16Secretary 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 F17Secretary of State such information as the F17Secretary of State may request for the purpose of carrying out F18functions under this Part .

(4)

F19Operational 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)

F20The 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 F21an EHC plan or a report of an assessment under section F22... 140 of the Learning and Skills Act 2000 (c. 21) (assessments relating to learning difficulties).

(6)

Repayment conditions are conditions which—

(a)

enable the F23Secretary of State to require the repayment (in whole or part) of sums paid by the F23Secretary 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 F24Secretary of State in accordance with any condition is unpaid.

102Performance assessments

(1)

The F25Secretary of State may adopt or develop schemes for the assessment of the performance of persons in providing education or training within the F26Secretary of State's remit under this Part .

(2)

The F27Secretary of State may take the assessments into account in deciding how to exercise the powers under section 100.

103Means tests

(1)

F28For 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.

F29(2)

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