Apprenticeships, Skills, Children and Learning Act 2009

101Financial resources: conditionsE+W
This section has no associated Explanatory Notes

(1)Financial resources provided [F1by the Secretary of State under section 100] may be provided subject to conditions.

(2)The conditions may [F2(among other things) ] include—

(a)information conditions;

(b)[F3operational conditions;]

(c)repayment conditions.

(3)Information conditions are conditions which—

(a)require the [F4Secretary of State] , or a person designated by the [F4Secretary 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 [F5Secretary of State] such information as the [F5Secretary of State] may request for the purpose of carrying out [F6functions under this Part] .

(4)[F7Operational 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)[F8The 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 [F9an EHC plan or] a report of an assessment under section F10... 140 of the Learning and Skills Act 2000 (c. 21) (assessments relating to learning difficulties).]

(6)Repayment conditions are conditions which—

(a)enable the [F11Secretary of State] to require the repayment (in whole or part) of sums paid by the [F11Secretary 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 [F12Secretary of State] in accordance with any condition is unpaid.

Textual Amendments

F1Words in s. 101(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 14(2)

F2Words 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)

F3S. 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)

F4Words 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)

F5Words 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)

F6Words 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)

F7S. 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)

F8S. 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)

F10Words 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)

F11Words 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)

F12Words 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)

Commencement Information

I1S. 101 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)