Statutory Instruments
2010 No. 1941
Education, England
The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010
Made
28th July 2010
Laid before Parliament
4th August 2010
Coming into force
1st September 2010
The Secretary of State for Education makes the following Order in exercise of the powers conferred by section 265(1) and (2) of the Apprenticeships, Skills, Children and Learning Act 2009(1).
Citation and commencement
1. This Order may be cited as the Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 and comes into force on the 1st September 2010.
Amendment of the Social Security (Overlapping Benefits) Regulations 1979
2. In regulation 2(1) (interpretation) of the Social Security (Overlapping Benefits) Regulations 1979(2) in the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
Amendment of the Income Support (General) Regulations 1987
3.—(1) The Income Support (General) Regulations 1987(3) are amended as follows.
(2) In regulation 2(1) (interpretation) in paragraph (a) of the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
(3) In regulation 61(1) (interpretation)—
(a)in paragraph (d) of the definition of “access funds” for “Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000” substitute “Young People’s Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009 or the Chief Executive of Skills Funding under sections 100 and 101 of that Act”;
(b)in the definition of “full-time course of advanced education”—
(i)in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;
(ii)for paragraph (b)(i) substitute—
“(i)in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or”;
(c)in the definition of “full-time course of study”—
(i)in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;
(ii)for paragraph (b)(i) substitute—
“(i)in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or”;
(4) In paragraph 28 of Schedule 1B for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
Amendment of the Council Tax (Discount Disregards) Order 1992
4. In paragraph 8(b)(ii) of Part IV of Schedule 1 (Definition of Students, etc.) to the Council Tax (Discount Disregards) Order 1992(4) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England or the Chief Executive of Skills Funding”.
Amendment of the Jobseeker’s Allowance Regulations 1996
5.—(1) The Jobseeker’s Allowance Regulations 1996(5) are amended as follows.
(2) In regulation 1(3)—
(a)in the definition of “full-time course of advanced education”—
(i)in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;
(ii)for paragraph (b)(i) substitute—
“(i)in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or”
(b)in the definition of “full-time student”—
(i)in paragraphs (b)(i) and (b)(ii) (except paragraph b(ii)(aa)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;
(ii)for paragraph (b)(ii)(aa) substitute—
“(aa)in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or,”;
(c)in paragraph (a) of the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
(3) In regulation 11(3) for “secured in England and Wales by the Learning and Skills Council for England or by the Welsh Ministers” substitute “secured in England by the Young People’s Learning Agency for England or Chief Executive of Skills Funding and in Wales by the Welsh Ministers”.
(4) In regulation 57(1) in the definition of “training” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
(5) In regulations 75(1)(b)(i), 170(2) and paragraph 16 of Schedule A1 for “Learning and Skills Council for England” in each place where those words occur substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
(6) In regulation 130 (interpretation), in paragraph (d) of the definition of “access funds”, for “Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000” substitute “Young People’s Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009 or the Chief Executive of Skills Funding under sections 100 and 101 of that Act”.
Amendment of the Housing Renewal Grants Regulations 1996
6.—(1) The Housing Renewal Grants Regulations 1996(6) are amended as follows.
(2) In regulation 41 (interpretation)—
(a)in paragraph (d) of the definition of “access funds” for “Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000” substitute “Young People’s Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009 or the Chief Executive of Skills Funding under sections 100 and 101 of that Act”;
(b)in the definition of “full-time course of study”—
(i)in paragraphs (a) and (b) (except (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where these words occur;
(ii)for paragraph (b)(i) substitute—
“(i)in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or”
Amendment of the National Minimum Wage Regulations 1999
7. In regulation 12(9B)of the National Minimum Wage Regulations 1999(7) for-paragraph (a)(i) substitute—
“(i)is funded by the Young People’s Learning Agency for England;
(ia)is funded by the Chief Executive of Skills Funding;”
Amendment of the Education (Grants etc.) (Dance and Drama) (England) Regulations 2001
8. In regulations 12(2)(a) and (b) of the Education (Grants etc.) (Dance and Drama) (England) Regulations 2001(8) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England” in both places where those words occur.
Amendment of the Contracting Out (Local Education Authority Functions) (England) Order 2002
9. In Schedule 3 of the Contracting Out (Local Education Authority Functions) (England) Order 2002(9) omit paragraph (m).
Amendment of the New School (Admissions) (England) Regulations 2003
10.—(1) The New School (Admissions) (England) Regulations 2003(10) are amended as follows.
(2) In regulation 3 (interpretation) omit ““the 2000 Act” means the Learning and Skills Act 2000;”
(3) In regulation 6(2) omit sub-paragraph (b).
(4) In regulation 7(4)(b) omit sub-paragraph (ii).
Amendment of the Education (Teacher Student Loans) (Repayment etc.) Regulations 2003
11.—(1) The Education (Teacher Student Loans) (Repayment etc.) Regulations 2003(11) are amended as follows.
(2) In regulation 2 (interpretation) in the definition of “specialist college” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, Chief Executive of Skills Funding”.
(3) In regulation 4(3)(d) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
Amendment of the Education (Pupil Information) (England) Regulations 2005
12. In regulation 2 (interpretation) of the Education (Pupil Information) (England) Regulations 2005(12) for the definition of “unique learner number” for “Learning and Skills Council for England” substitute “Chief Executive of Skills Funding”.
Amendment of the Education (School Inspection) (England) Regulations 2005
13. In regulation 4(1)(f) of the Education (School Inspection) (England) Regulations 2005(13) for “local learning and skills council for the area in which the school is located” substitute “Young People’s Learning Agency for England”.
Amendment of the Housing Benefit Regulations 2006
14.—(1) The Housing Benefit Regulations 2006(14) are amended as follows.
(2) In regulation 2(1) (interpretation) in paragraph (a) of the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”;
(3) In regulation 53(1)—
(a)in paragraph (d) of the definition of “access funds” for “Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000” substitute “Young People’s Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009(15) or the Chief Executive of Skills Funding under sections 100 and 101 of that Act”;
(b)in the definition of “full-time course of study”—
(i)in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;
(ii)for paragraph (b)(i) substitute—
“(i)in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
15. In regulation 2(1) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(16) in paragraph (a) of the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
Amendment of the Council Tax Benefit Regulations 2006
16.—(1) The Council Tax Benefit Regulations 2006(17) are amended as follows.
(2) In regulation 2(1), (interpretation) in paragraph (a) of the definition of “training allowance”) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
(3) In regulation 43(1) (interpretation)—
(a)in paragraph (d) of the definition of “access funds” for “Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000” substitute “Young People’s Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009 or the Chief Executive of Skills Funding under sections 100 and 101 of that Act”;
(b)in the definition of “full-time course of study”—
(i)in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;
(ii)for paragraph (b)(i), substitute—
“(i)in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or”.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
17. In regulation 2(1) (interpretation) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(18), in paragraph (a) of the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
Amendment of the Education (Information About Individual Pupils) (England) Regulations 2006
18. In regulation 2 of the Education (Information About Individual Pupils) (England) Regulations 2006(19) in the definition of “unique learner number” for “Learning and Skills Council” substitute “Chief Executive of Skills Funding”.
Amendment of the Education (Fees and Awards) (England) Regulations 2007
19.—(1) The Education (Fees and Awards) (England) Regulations 2007(20) are amended as follows.
(2) In regulation 2(1) (interpretation) omit ““LSC” means the Learning and Skills Council for England;”.
(3) In the heading of regulation 9 for “LSC” substitute “Young People’s Learning Agency for England or the Chief Executive of Skills Funding”.
(4) In regulations 9 (1) and (2) for “LSC” substitute “Young People’s Learning Agency for England or the Chief Executive of Skills Funding” in both places where it occurs.
(5) In regulation 9(1) for “section 5 of the Learning and Skills Act 2000” substitute “sections 61 or 100 of the Apprenticeships, Skills, Children and Learning Act 2009”.
Amendment of the Education (Information About Children in Alternative Provision) (England) Regulations 2007
20. In regulation 8(h) of the Education (Information About Children in Alternative Provision) (England) Regulations 2007(21) for “Learning and Skills Council for England and the relevant local learning and skills council” substitute “Young People’s Learning Agency for England”.
Amendment of the School Organisation (Transitional Provisions) (England) Regulations 2007
21.—(1) The School Organisation (Transitional Provisions) (England) Regulations 2007(22) are amended as follows.
(2) In regulation 8—
(a)omit paragraph (1);
(b)in paragraph (2) omit “or” at the end of sub-paragraph (a) and sub-paragraph (b).
(3) In regulation 12 omit “or under Schedule 7 to the Learning and Skills Act 2000”.
(4) In regulation 16—
(a)omit paragraph (3);
(b)in paragraph (4)—
(i)insert “or” at the end of sub-paragraph (a);
(ii)omit “or” at the end of sub-paragraph (b) and sub-paragraph (c)
(5) In the following regulations—
17(1)(d),
18(10(d),
28(1)(d),
29(1)(c),
36(10)(c), and
36(11)(c)
for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England” in each place where those words occur.
Amendment of the School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007
22.—(1) The School Organisation (Establishment and Discontinuance of Schools) (England) Regulation 2007(23) are amended as follows.
(2) In regulations 5(1)(d), 10(6)(f), 13(5)(d), 15(3)(d) and 25(1)(d) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England” in each place where those words occur.
(3) In Schedule 2—
(a)in Part 1, in paragraph 25 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”;
(b)in Part 2, in paragraph 54 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.
(4) In Schedule 3—
(a)in Part 1, in paragraph 26 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”;
(b)in Part 2, in paragraph 62 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.
Amendment of the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007
23.—(1) The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007(24) are amended as follows.
(2) In paragraphs 5(1)(g), 17(2)(d), 21(10)(c) and (11)(c) of Part 2 of Schedule 1 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England” in each place where those words occur.
(3) In Schedule 3—
(a)in Part 1, paragraph 13 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”;
(b)in Part 2 in paragraphs 27(1)(h), 33(1)(c), 34(1)(d), 41(10)(c) and 41(11)(c) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.
(4) In Schedule 5—
(a)in Part 1, paragraph 13 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”;
(b)in Part 2 in paragraphs 27(1)(i), 33(1)(c), 34(1)(d), 41(9)(c) and 10(c) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.
Amendment of the Education (Supply of Information About the School Workforce) (No. 2) (England) Regulations 2007
24. In regulation 8(2)(d) of the Education (Supply of Information About the School Workforce) (No. 2) (England) Regulations 2007(25) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.
Amendment of the School Organisation (Removal of Foundation, Reduction in Number of Foundation Governors and Ability of Foundation to Pay Debts (England) Regulations 2007
25. In regulation 7(1)(h) of the School Organisation (Removal of Foundation, Reduction in Number of Foundation Governors and Ability of Foundation to Pay Debts (England) Regulations 2007(26) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.
Amendment of the School Finance (England) Regulations 2008
26.—(1) The School Finance (England) Regulations 2008(27) are amended as follows.
(2) In regulation 1(4)—
(a)omit the definitions of “the 2000 Act” and “LSC”;
(b)in the definition of “specific grant” omit “LSC under section 7 of the 2000 Act or by the”.
(3) In regulation 15(2)(b) omit “the LSC (sixth form pupils)”.
(4) In regulation 21—
(a)in paragraphs (1) and (4) omit “the LSC or”;
(b)in paragraph (3) omit “the LSC’s or”.
(5) In regulation 23(2) omit “by the LSC under section 7 of the 2000 Act, or”.
(6) In paragraph 1(a) of Schedule 4 omit “by the LSC under section 7 of the 2000 Act or”.
Amendment of the Education (Budget Statements) (England) Regulations 2008
27.—(1) The Education (Budget Statements) (England) Regulations 2008(28) are amended as follows.
(2) In regulation 2 (interpretation)—
(a)omit ““the 2000 Act” means the Learning and Skills Act 2000;”;
(b)omit ““LSC” means the Learning and Skills Council for England;”;
(c)insert the following definitions at the appropriate place—
“CE” means the “Chief Executive of Skills Funding”;
“YPLA” means the “Young People’s Learning Agency for England”;
(3) In Schedule 1, Parts 1, 2, 3 and 4 for “LSC” substitute “YPLA or CE” in each place where it occurs.
Amendment of the Employment and Support Allowance Regulations 2008
28.—(1) The Employment and Support Allowance Regulations 2008(29) are amended as follows.
(2) In regulation 2(1) (interpretation) in paragraph (a) of the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
(3) In regulation 14(2)—
(a)for paragraph (a)(i) substitute—
“(i)the Young People’s Learning Agency for England;
(ia)the Chief Executive of Skills Funding;”;
(b)in paragraph (c) (except paragraph c(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”;
(c)for paragraph (c)(i) substitute—
“(i)in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course;”;
(4) In regulation 131(1) (interpretation)—
(a)in paragraph (d) of the definition of “access funds” for “Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000” substitute “Young People’s Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009 or the Chief Executive of Skills Funding under sections 100 and 101 of that Act”;
(b)in the definition of “full-time course of advanced education”—
(i)in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;
(ii)for paragraph (b)(i) substitute—
“(i)in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or”;
(c)in the definition of “full-time course of study”—
(i)in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;
(ii)for paragraph (b)(i) substitute—
“(i)in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or”.
Amendment of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009
29. In regulation 3(5)(t) of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009(30)for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.
Nick Gibb
Minister of State for Schools
Department for Education
28th July 2010
EXPLANATORY NOTE
(This note is not part of the Order)
This Order is made under the Apprenticeships, Skills, Children and Learning Act 2009 (“the 2009 Act”). Part 3 of the 2009 Act establishes the Young People’s Learning Agency for England (“YPLA”) and sets out its functions. Part 4 of the 2009 Act establishes the office of Chief Executive of Skills Funding (“CE of SF”) and sets out that person’s functions. The 2009 Act repeals those sections of the Learning and Skills Act 2000 which make provision for the Learning and Skills Council for England (“LSC”) which is dissolved.
This Order makes consequential amendments to subordinate legislation necessary as a consequence of the dissolution of the LSC, establishment of the YPLA and the CE of SF and further duties placed on local authorities.
References to the LSC within the subordinate legislation have been removed and either omitted or, where appropriate, replaced with a reference to the YPLA, local authority or CE of SF.
References to repealed sections of the Learning and Skills Act 2000 have been either omitted or, where appropriate, replaced with references to current legislation.
S.I. 1979/597, amended by S.I. 2005/337; there are other amending instruments but none are relevant.
S.I. 1987/1967; relevant amending instruments are S.I. 1996/206, 1996/1944, 2000/1922, 2001/652 and 2001/2319.
S.I. 1992/548, amended by S.I. 2006/3396; there are other amending instruments but none are relevant.
S.I. 1996/207; relevant amending instruments are S.I. 2000/1922, 2000/1978, 2001/652, 2001/1434 and 2001/2319.
S.I. 1996/2890; relevant amending instruments are S.I. 2001/739 and 2002/530.
S.I. 1999/584; relevant amending instruments are S.I. 2007/2318 and 2010/677.
S.I. 2002/928, to which there are amendments not relevant to this Order.
S.I. 2003/1917, to which there are amendments not relevant to this Order.
S.I. 2005/1437, amended by S.I. 2008/1747.
S.I. 2006/213, to which there are amendments not relevant to this Order.
S.I. 2006/214, to which there are amendments not relevant to this Order.
S.I. 2006/215, to which there are amendments not relevant to this Order.
S.I. 2006/216, to which there are amendments not relevant to this Order.
S.I. 2006/2601, amended by S.I. 2008/3072.
S.I. 2007/779, to which there are amendments not relevant to this Order.
S.I. 2007/1065, amended by S.I. 2010/677.
S.I. 2007/1288, to which there are amendments not relevant to this Order.
S.I. 2007/1289, to which there are amendments not relevant to this Order.
S.I. 2007/2260, to which there are amendments not relevant to this Order.
S.I. 2008/228, amended by S.I. 2010/210.
S.I. 2008/377, amended by S.I. 2009/444.
S.I. 2008/794, as amended by S.I. 2009/583; there are other amending instruments but none is relevant.
S.I. 2009/1563, amended by S.I. 2010/677.