2018 No. 1144
The West Midlands Combined Authority (Adult Education Functions) Order 2018
Made
Coming into force in accordance with article 1
The Secretary of State, in exercise of the powers conferred by sections 105A(1)(a), (2)(a), (3)(a) and (b), and (7), 114(1) and 117(5) of the Local Democracy, Economic Development and Construction Act 20091(“the Local Democracy Act”), makes the following Order:
In accordance with section 105B(1) of the Local Democracy Act2, the West Midlands Combined Authority and each of the constituent councils3 whose areas are within the area of the Combined Authority has consented to the making of this Order.
The Secretary of State considers that the making of this Order is likely to improve the exercise of statutory functions in the area to which the Order relates.
In accordance with section 105B(9) of the Local Democracy Act, the Secretary of State has laid before Parliament a report explaining the effect of this Order and explaining why the Secretary of State considers it appropriate to make this Order.
A draft of this statutory instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 117(2) of the Local Democracy Act.
PART 1General
Citation, commencement and application1
1
This Order may be cited as the West Midlands 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.
Interpretation2
In this Order—
“the 2009 Act” means the Apprenticeships, Skills, Children and Learning Act 20094;
“adult detention” has the meaning given by section 121(4)5 of the 2009 Act;
“apprenticeships training” has the meaning given by section 83(5)6 of the 2009 Act;
“the Area” means the area of the Combined Authority; and
“the Combined Authority” means the West Midlands Combined Authority, a body corporate established under the West Midlands Combined Authority Order 20167.
PART 2Adult education functions of the Secretary of State transferred to the Combined Authority or to be exercisable concurrently with the Combined Authority
Transfer of functions from the Secretary of State to the Combined Authority in relation to the Area3
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)8;
b
section 87 (learning aims for persons aged 19 or over: provision of facilities)9; and
c
section 88 (learning aims for persons aged 19 or over: payment of tuition fees)10.
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.
Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the Area4
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)11; and
b
section 100(1)(provision of financial resources)12.
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.
Conditions on the exercise of functions mentioned in articles 3 and 45
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)13.
3
In subsection (1), “award” has the same meaning as in regulation 2 of the Fees and Awards (England) Regulations 200714.
Modification of provisions in the 2009 Act6
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.
SCHEDULEModification of provisions of the 2009 Act in their application to the Combined Authority
1
All references to provisions in this Schedule are to provisions in the 2009 Act.
2
Section 86 has effect as if—
a
in subsection (1), for each reference to “Secretary of State” there were substituted a reference to “Combined Authority”;
b
subsection (1)(b) were omitted but not “and” at the end;
c
in subsection (1)(c), for “paragraphs (a) and (b)”, there were substituted “paragraph (a)”;
d
in subsection (5), the words “(except so far as relating to facilities for persons subject to adult detention)” were omitted;
e
in subsection (6), paragraph (c) in the definition of “training” were omitted; and
f
in subsection (7), the words “or (b)” were omitted.
3
Section 87 has effect as if for each reference to “Secretary of State”, there were substituted a reference to “Combined Authority”.
4
Section 88 has effect as if in subsections (1), (2)(b), (2A), (3), (4)(b) and (6)(a) for each reference to “Secretary of State”, there were substituted a reference to “Combined Authority”.
5
Section 90 has effect as if—
a
in subsection (1), for the first reference to “Secretary of State”, there were substituted a reference to “Combined Authority”;
b
in subsection (1)(a), for “section 86(1)(a) and (b)”, there were substituted “section 86(1)(a)”; and
c
in subsection (1)(a), (b) and (c) for each reference to “Secretary of State’s remit” there were substituted the words “Combined Authority’s remit”.
6
Section 100 has effect as if—
a
in subsection (1), for the reference to “Secretary of State” there were substituted “Combined Authority”;
b
in subsection (1)(a), for the reference to “Secretary of State’s remit” there were substituted “Combined Authority’s remit”;
c
in subsection (3), for each reference to “Secretary of State” there were substituted a reference to “Combined Authority”; and
d
in subsection (4), for the reference to “Secretary of State” there were substituted a reference to “Combined Authority”.
7
Section 10115 has effect as if for each reference to “Secretary of State” there were substituted a reference to “Combined Authority”.
8
Section 10316 has effect as if—
a
for the reference to “Secretary of State” there were substituted a reference to “Combined Authority”; and
b
the words “or (1A)” were omitted.
9
Section 11517 has effect as if—
a
for the reference to “Secretary of State”, there were substituted “Combined Authority”;
b
in subsection (2)(a), the word “, and” were omitted; and
c
in subsection (2), paragraph (b) were omitted.
10
Section 12118 has effect as if—
a
in subsection (1), there were added at the appropriate place—
“Combined Authority” means the West Midlands Combined Authority, a body corporate established under the West Midlands Combined Authority Order 2016;
b
in subsection (2)—
i
for the reference to “Secretary of State’s remit”, there were substituted the words “Combined Authority’s remit”; and
ii
in paragraph (a), the words “or (b)” were omitted; and
c
in subsection (3)—
i
for the reference to “Secretary of State’s remit”, there were substituted the words “Combined Authority’s remit”; and
ii
paragraphs (a) and (aa) were omitted.
(This note is not part of the Order)