The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019

PART 1 E+W General

Citation, commencement and application E+W

1.—(1) This Order may be cited as the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019 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 2020.

(3) In paragraph (2), “academic year” means a period beginning with 1st August and ending with the next 31st July.

Commencement Information

I1 Art. 1 in force at 5.11.2019, see art. 1(1)

Interpretation E+W

2.  In this Order—

“the 2009 Act” means the Apprenticeships, Skills, Children and Learning Act 2009(1);

“a person subject to adult detention” has the meaning given by section 121(4)(2) of the 2009 Act;

“apprenticeship 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 Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, a body corporate established under the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018(4).

Commencement Information

I2 Art. 2 in force at 5.11.2019, see art. 1(1)

PART 2 E+W Adult 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 Area E+W

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 a person 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.

Commencement Information

I3 Art. 3 in force at 5.11.2019, see art. 1(1)

Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the Area E+W

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 apprenticeship training; or

(b) any function relating to a person subject to adult detention.

(3) The functions mentioned in paragraph (1) are exercisable concurrently with the Secretary of State in relation to the Area.

Commencement Information

I4 Art. 4 in force at 5.11.2019, see art. 1(1)

Conditions on the exercise of functions mentioned in articles 3 and 4 E+W

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(1) 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).

Commencement Information

I5 Art. 5 in force at 5.11.2019, see art. 1(1)

Modification of provisions in the 2009 Act E+W

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.

Commencement Information

I6 Art. 6 in force at 5.11.2019, see art. 1(1)

PART 3 E+W Amendments to the Counter-Terrorism and Security Act 2015

Amendments to the Counter-Terrorism and Security Act 2015 E+W

7.—(1) Part 1 of Schedule 6 (Specified authorities) to the Counter-Terrorism and Security Act 2015(12) is amended as follows.

(2) In the entry under the heading “Education, child care etc” that begins with “The provider of education or training”—

(a) after “Secretary of State or” insert “a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009”; and

(b) omit “the Chief Executive of Skills Funding”(13).

Commencement Information

I7 Art. 7 in force at 5.11.2019, see art. 1(1)

Michelle Donelan

Minister of State

Department for Education

4th November 2019