- Latest available (Revised)
- Original (As enacted)
This version of this provision is prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Skills and Post-16 Education Act 2022, Section 19 is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Prospective
(1)The Secretary of State may by regulations make provision—
(a)for the Secretary of State to keep a list of relevant providers in respect of relevant education or training who meet conditions specified in the regulations for being on the list in respect of that education or training;
(b)in connection with the keeping of the list.
(2)“Relevant provider” means a post-16 education or training provider who is not—
(a)a school;
(b)a 16 to 19 Academy;
(c)an institution within the further education sector;
(d)a registered higher education provider who provides only higher education;
(e)the responsible body for an institution within any of paragraphs (a) to (d) when acting in its capacity as such;
(f)a local authority in England;
(g)a combined authority;
(h)the Greater London Authority.
(3)“Relevant education or training” means education or training that falls within one or more of the following paragraphs—
(a)further education;
(b)education or training provided by means of a further education course, or a module of a further education course, designated for the purposes of section 22 of the Teaching and Higher Education Act 1998;
(c)training for persons over compulsory school age which is funded by the Secretary of State under section 2 of the Employment and Training Act 1973;
(d)education or training for persons over compulsory school age provided as part of an approved technical education qualification or approved steps towards occupational competence;
(e)training for persons over compulsory school age provided in connection with an English statutory apprenticeship.
(4)The Secretary of State may by regulations amend subsection (3) so as to add, vary or remove a category of education or training.
(5)A condition may be specified in regulations under subsection (1)(a) only where the Secretary of State considers that specifying the condition in relation to a relevant provider may assist in preventing, or mitigating the adverse effects of, a disorderly cessation in the provision of education or training by the relevant provider.
(6)Regulations under subsection (1) may—
(a)specify different conditions in relation to different descriptions of relevant education or training;
(b)provide for a relevant provider to be on the list only in respect of one or more descriptions of relevant education or training;
(c)confer functions (including functions involving the exercise of a discretion) on the Secretary of State or any other person.
(7)The conditions that may be specified include conditions—
(a)relating to the relevant provider having a student support plan and making it available;
(b)relating to the relevant provider having insurance cover;
(c)for ensuring that persons having general control and management of, or legal responsibility and accountability for, the relevant provider are fit and proper persons to be involved in that activity;
(d)relating to the relevant provider giving access to, or providing, information (including information about persons for whom the relevant provider is, or has been, providing relevant education or training) to the Secretary of State;
(e)relating to the relevant provider taking action specified in directions given by the Secretary of State.
(8)For the purposes of subsection (7)(a), a “student support plan” means a plan for supporting students in the event of a cessation in the provision of education or training.
(9)Different conditions may be specified—
(a)for being added to, or remaining on, the list;
(b)for different descriptions of relevant provider.
(10)Regulations under subsection (1)(b) may, among other things, make provision—
(a)for the charging of fees in connection with entries on the list;
(b)about the procedure for applications to be added to, or remain on, the list;
(c)about the removal of entries from, or the restoration of entries to, the list;
(d)about appeals against decisions relating to the list;
(e)permitting or requiring the disclosure of information;
(f)about publication of the list.
(11)The provision mentioned in subsection (10)(e) includes provision about information relating to—
(a)persons for whom relevant education or training is or has been provided;
(b)persons having general control and management of, or legal responsibility and accountability for, a relevant provider.
Commencement Information
I1S. 19 not in force at Royal Assent, see s. 36(3)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: