- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
1.—(1) This Order may be cited as the West of England Combined Authority (Adult Education Functions) Order 2018 and comes into force on the day after the day on which it is made.
(2) Part 2 of this Order applies only in relation to the provision of education or training in an academic year beginning on or after 1st August 2019.
(3) In paragraph (2), “academic year” means a period beginning with 1st August and ending with the next 31st July.
2. In this Order—
“the 2009 Act” means the Apprenticeships, Skills, Children and Learning Act 2009(1);
“adult detention” has the meaning given by section 121(4)(2) of the 2009 Act;
“apprenticeships training” has the meaning given by section 83(5)(3) of the 2009 Act;
“the Area” means the area of the Combined Authority; and
“the Combined Authority” means the West of England Combined Authority, a body corporate established under the West of England Combined Authority Order 2017(4).
3.—(1) Subject to paragraph (2), the functions of the Secretary of State set out in the following provisions of the 2009 Act are exercisable by the Combined Authority in relation to the Area—
(a)section 86 (education and training for persons aged 19 or over and others subject to adult detention)(5);
(b)section 87 (learning aims for persons aged 19 or over: provision of facilities)(6); and
(c)section 88 (learning aims for persons aged 19 or over: payment of tuition fees)(7).
(2) The functions mentioned in paragraph (1) do not include —
(a)any functions relating to apprenticeship training;
(b)any functions relating to persons subject to adult detention; or
(c)any power to make regulations or orders.
(3) The functions mentioned in paragraph (1) are exercisable by the Combined Authority instead of by the Secretary of State.
4.—(1) Subject to paragraph (2), the functions of the Secretary of State set out in the following provisions of the 2009 Act are exercisable by the Combined Authority in relation to the Area—
(a)section 90 (encouragement of education and training for persons aged 19 or over and others subject to adult detention)(8); and
(b)section 100(1)(provision of financial resources)(9).
(2) The functions mentioned in paragraph (1) do not include—
(a)any function relating to apprenticeships training; or
(b)any function relating to persons subject to adult detention.
(3) The functions mentioned in paragraph (1) are exercisable concurrently with the Secretary of State in relation to the Area.
5.—(1) The Combined Authority must adopt rules of eligibility for awards by an institution to which it makes grants, loans or other payments under section 100 of the 2009 Act in accordance with any direction given by the Secretary of State.
(2) In exercising the functions mentioned in articles 3 and 4, the Combined Authority must have regard to guidance issued by the Secretary of State for the purpose of this article (as amended from time to time or as replaced by a subsequent document)(10).
(3) In subsection (1), “award” has the same meaning as in regulation 2 of the Fees and Awards (England) Regulations 2007(11).
6. For the purpose of the exercise by the Combined Authority of the functions mentioned in articles 3 and 4, sections 86 to 88, 90, 100, 101, 103, 115 and 121 of the 2009 Act apply in relation to the Combined Authority with the modifications set out in the Schedule.
Anne Milton
Minister of State
Department for Education
5th November 2018
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.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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: