Apprenticeships, Skills, Children and Learning Act 2009

101 Financial resources: conditions E+W

(1) Financial resources provided by the Chief Executive may be provided subject to conditions.

(2) The conditions may [F1 (among other things) ] include—

(a) information conditions;

(b) [F2 operational conditions;]

(c) repayment conditions.

(3) Information conditions are conditions which—

(a) require the Chief Executive, or a person designated by the Chief Executive, 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 Chief Executive such information as the Chief Executive may request for the purpose of carrying out the functions of the office.

(4) [F3 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) [F4 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 [F5 an EHC plan or] a report of an assessment under section F6 ... 140 of the Learning and Skills Act 2000 (c. 21) (assessments relating to learning difficulties).]

(6) Repayment conditions are conditions which—

(a) enable the Chief Executive to require the repayment (in whole or part) of sums paid by the Chief Executive 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 Chief Executive in accordance with any condition is unpaid.

Textual Amendments

F1 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)

F2 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)

F3 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)

F4 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)

F5 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)

F6 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)

Commencement Information

I1 S. 101 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)