Apprenticeships, Skills, Children and Learning Act 2009

Funding E+W

100 Provision of financial resources E+W

(1) The [F1 Secretary of State] may secure the provision of financial resources [F2 under this subsection] to—

(a) persons providing or proposing to provide education or training within the [F3 Secretary 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F7 English statutory apprenticeships ] or to undertake work following the completion of such apprenticeships, or

(b) otherwise in connection with [F7 English statutory apprenticeships ] .]

[F8 (1AA) 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.]

F9 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F10 The 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 [F11 Secretary of State] ).

(4) [F12 The 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 this section “English statutory apprenticeship” has the same meaning as in section 40A (see subsection (3) of that section).

[F13 “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;]

Textual Amendments

F1 Words in s. 100(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(2)(a)

F2 Words in s. 100(1) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 2(2); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F3 Words in s. 100(1)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(2)(b)

F4 S. 100(1)(f) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(2)(c)

F5 S. 100(1)(i) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 9; S.I. 2012/1087, art. 3

F6 S. 100(1A) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 2(3); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F7 Words in s. 100(1A) substituted (4.7.2016) by Enterprise Act 2016 (c. 12), ss. 27(a), 44(5); S.I. 2016/695, art. 2(b)

F8 S. 100(1AA) inserted (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 7(2)

F9 S. 100(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(3)

F10 Words in s. 100(3) substituted (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 7(3)

F11 Words in s. 100(3)(c) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 13(4)(b)

F12 Words in s. 100(4) substituted (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 7(4)

F13 Words in s. 100(5) inserted (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 7(5)

Modifications etc. (not altering text)

C1 S. 100 applied (with modifications) (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 6, Sch. (with art. 1(2))

C2 S. 100 applied (with modifications) (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 6, Sch. (with art. 1(2))

C3 S. 100 applied (with modifications) (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 6, Sch. (with art. 1(2))

C4 S. 100 applied (with modifications) (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 6, Sch. (with art. 1(2))

C5 S. 100 applied (with modifications) (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 6, Sch. (with art. 1(2))

C6 S. 100 applied (with modifications) (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 6, Sch. (with art. 1(2))

C7 S. 100(1) functions made exercisable concurrently (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 4 (with arts. 1(2), 5)

C8 S. 100(1) functions made exercisable concurrently (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 4 (with arts. 1(2), 5)

C9 S. 100(1) functions made exercisable concurrently (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 4 (with arts. 1(2), 5)

C10 S. 100(1) functions made exercisable concurrently (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 4 (with arts. 1(2), 5)

C11 S. 100(1) functions made exercisable concurrently (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 4 (with arts. 1(2), 5)

C12 S. 100(1) functions made exercisable concurrently (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 4 (with arts. 1(2), 5)

Commencement Information

I1 S. 100 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

101 Financial resources: conditions E+W

(1) Financial resources provided [F14 by the Secretary of State under section 100] may be provided subject to conditions.

(2) The conditions may [F15 (among other things) ] include—

(a) information conditions;

(b) [F16 operational conditions;]

(c) repayment conditions.

(3) Information conditions are conditions which—

(a) require the [F17 Secretary of State] , or a person designated by the [F17 Secretary 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 [F18 Secretary of State] such information as the [F18 Secretary of State] may request for the purpose of carrying out [F19 functions under this Part] .

(4) [F20 Operational 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) [F21 The 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 [F22 an EHC plan or] a report of an assessment under section F23 ... 140 of the Learning and Skills Act 2000 (c. 21) (assessments relating to learning difficulties).]

(6) Repayment conditions are conditions which—

(a) enable the [F24 Secretary of State] to require the repayment (in whole or part) of sums paid by the [F24 Secretary 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 [F25 Secretary of State] in accordance with any condition is unpaid.

Textual Amendments

F14 Words in s. 101(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(2)

F15 Words in s. 101(2) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 3(2)(a); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F16 S. 101(2)(b) omitted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 3(2)(b); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F17 Words in s. 101(3)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(3)(a)

F18 Words in s. 101(3)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(3)(b)(i)

F19 Words in s. 101(3)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(3)(b)(ii)

F20 S. 101(4) omitted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 3(3); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F21 S. 101(5) omitted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 3(3); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F22 Words in s. 101(5)(f) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 92(a); S.I. 2014/889, art. 7(a)

F23 Words in s. 101(5)(f) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 92(b); S.I. 2014/889, art. 7(a)

F24 Words in s. 101(6)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(4)(a)

F25 Words in s. 101(6)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(4)(b)

Modifications etc. (not altering text)

C13 S. 101 applied (with modifications) (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 6, Sch. (with art. 1(2))

C14 S. 101 applied (with modifications) (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 6, Sch. (with art. 1(2))

C15 S. 101 applied (with modifications) (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 6, Sch. (with art. 1(2))

C16 S. 101 applied (with modifications) (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 6, Sch. (with art. 1(2))

C17 S. 101 applied (with modifications) (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 6, Sch. (with art. 1(2))

C18 S. 101 applied (with modifications) (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 6, Sch. (with art. 1(2))

Commencement Information

I2 S. 101 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

102 Performance assessments E+W

(1) The [F26 Secretary of State] may adopt or develop schemes for the assessment of the performance of persons in providing education or training within the [F27 Secretary of State's remit under this Part] .

(2) The [F28 Secretary of State] may take the assessments into account in deciding how to exercise the powers under section 100.

Textual Amendments

F26 Words in s. 102(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 15(2)(a)

F27 Words in s. 102(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 15(2)(b)

F28 Words in s. 102(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 15(3)

Commencement Information

I3 S. 102 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

103 Means tests E+W

(1) [F29 For 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.

F30 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Words in s. 103(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 16(2)

F30 S. 103(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 16(3)

Modifications etc. (not altering text)

C19 S. 103 applied (with modifications) (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 6, Sch. (with art. 1(2))

C20 S. 103 applied (with modifications) (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 6, Sch. (with art. 1(2))

C21 S. 103 applied (with modifications) (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 6, Sch. (with art. 1(2))

C22 S. 103 applied (with modifications) (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 6, Sch. (with art. 1(2))

C23 S. 103 applied (with modifications) (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 6, Sch. (with art. 1(2))

C24 S. 103 applied (with modifications) (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 6, Sch. (with art. 1(2))

Commencement Information

I4 S. 103 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)