Apprenticeships, Skills, Children and Learning Act 2009

2009 c. 22

An Act to make provision about apprenticeships, education, training and children's services; to amend the Employment Rights Act 1996; to establish the Young People's Learning Agency for England, the office of Chief Executive of Skills Funding, the Office of Qualifications and Examinations Regulation and the School Support Staff Negotiating Body and to make provision about those bodies and that office; to make provision about the Qualifications and Curriculum Authority; to make provision about schools and institutions within the further education sector; to make provision about student loans; and for connected purposes.

Enacted[12th November 2009]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—^C1^C2

Part 1 Apprenticeships, study and training¶

^F393CHAPTER ZA1 The Institute for Apprenticeships and Technical Education ¶

Establishment¶

^F393ZA1 The Institute for Apprenticeships and Technical Education ¶

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General duties and functions¶

^F393ZA2 General duties¶

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^F393ZA2A Oversight¶

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^F393ZA3 Provision of advice and assistance to the Secretary of State etc¶

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^F393ZA4 Delegation of functions to the Institute by Secretary of State¶

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^F393ZA5 Conferral of further functions on the Institute by regulations¶

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^F393ZA6 Annual and other reports¶

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Compliance¶

^F393ZA7 Secretary of State directions where the Institute fails to discharge duties etc¶

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Directions¶

^F393ZA8 General provision about directions under Chapters ZA1 and A1¶

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^F393ZA8A Interpretation of Chapter ZA1¶

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CHAPTER A1 Apprenticeships and technical education: England¶

Occupational categories and groups¶

ZA9 Occupational categories (sometimes referred to as “routes”)¶

1 The Secretary of State may determine categories into which occupations may be placed for the purposes of this Chapter.

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ZA10 Mapping of occupational groups¶

1 The Secretary of State must—

a determine occupations in relation to which it may be appropriate for people to undertake apprenticeships or obtain qualifications, and

b determine which of those occupations require similar knowledge, skills and behaviour.

2 Two or more occupations that require similar knowledge, skills and behaviour are referred to in this section as a “group”.

3 Where categories have been determined under section ZA9, the Secretary of State must allocate each occupation or group to a category.

4 If the Secretary of State considers that no category is appropriate the Secretary of State must nevertheless allocate the occupation or group to a category (and is not required to adjust a determination under subsection (1)).

5 The Secretary of State must publish information showing—

a the occupations,

b the groups, and

c any categories to which the occupations and groups have been allocated.

Standards¶

ZA11 Standards¶

1 The Secretary of State must publish standards in relation to England for such occupations as the Secretary of State considers appropriate.

2 Each standard must—

a describe the occupation to which it relates;

b set out the outcomes that persons seeking to achieve the standard are expected to attain in order to do so.

3 Each standard must be prepared by a group of persons and approved by the Secretary of State, subject to subsection (3A).

3A The Secretary of State may prepare a standard if satisfied that it would be more appropriate for the standard to be prepared by the Secretary of State than by a group of persons.

4 Where a standard is prepared by a group of persons, the group must be approved by the Secretary of State.

5 The Secretary of State may provide advice or assistance to a group of persons in connection with the preparation of a standard.

6 The Secretary of State may convene a group of persons to prepare a standard for an occupation if satisfied that—

a there is a need for a standard for that occupation, and

b no group will prepare the standard unless one is convened to do so.

7 The Secretary of State must publish—

a information about matters that the Secretary of State takes into account when deciding whether or not to approve standards for the purposes of subsection (3);

aa information about matters that the Secretary of State takes into account in deciding whether it would be more appropriate for a standard to be prepared by the Secretary of State than by a group of persons for the purposes of subsection (3A);

b information about matters that the Secretary of State takes into account when deciding whether or not to approve groups of persons for the purposes of subsection (4).

8 When making a decision of the kind mentioned in subsection (7)(a) or (b) in a particular case, the Secretary of State may also take into account such other matters as the Secretary of State considers appropriate in the case in question.

9 Information published under subsection (7) may be revised or replaced, and the Secretary of State must publish under that subsection any revised or replacement information.

10 Where a standard is published, the Secretary of State must publish, with the information published under section ZA10(5) in relation to the occupation, information indicating that there is a standard for the occupation.

Meaning of “approved English apprenticeship” etc¶

A1 Meaning of “approved English apprenticeship” etc¶

1 This section applies for the purposes of this Chapter.

2 An approved English apprenticeship is an arrangement which—

a takes place under an approved English apprenticeship agreement, or

b is an alternative English apprenticeship,

and, in either case, satisfies any conditions specified in regulations made by the Secretary of State.

3 An approved English apprenticeship agreement is an agreement which—

a provides for a person (“the apprentice”) to work for another person for reward in an occupation for which a standard has been published under section ZA11,

b provides for the apprentice to receive training in order to assist the apprentice to achieve the published standard in the work done under the agreement, and

c satisfies any other conditions specified in regulations made by the Secretary of State.

4 An alternative English apprenticeship is an arrangement, under which a person works, which is of a kind described in regulations made by the Secretary of State.

5 Regulations under subsection (4) may, for example, describe arrangements which relate to cases where a person—

a works otherwise than for another person;

b works otherwise than for reward.

6 A person completes an approved English apprenticeship if the person achieves the published standard while doing an approved English apprenticeship.

7 The “published standard”, in relation to an approved English apprenticeship, means the standard which applies in relation to the work to be done under the apprenticeship (see section ZA11).

Apprenticeship assessment plans¶

A2 Apprenticeship assessment plans¶

1 The Secretary of State must publish apprenticeship assessment plans in respect of such standards published under section ZA11 as the Secretary of State considers appropriate.

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4 An apprenticeship assessment plan in respect of a standard is a plan in accordance with which it is to be assessed whether a person seeking to complete an approved English apprenticeship has attained the outcomes set out in the standard.

5 Each apprenticeship assessment plan must—

a specify the standard to which it relates, and

b set out the proposed arrangements for evaluating the quality of any assessment provided for by the plan.

6 Each apprenticeship assessment plan must be prepared by a group of persons and approved by the Secretary of State, subject to subsection (6A).

6A The Secretary of State may prepare an apprenticeship assessment plan if satisfied that it would be more appropriate for the plan to be prepared by the Secretary of State than by a group of persons.

7 Where an apprenticeship assessment plan is prepared by a group of persons, the group must be approved by the Secretary of State.

8 The Secretary of State may provide advice or assistance to a group of persons in connection with the preparation of an apprenticeship assessment plan.

9 The Secretary of State may convene a group of persons to prepare an apprenticeship assessment plan in respect of a standard if satisfied that—

a there is a need for an apprenticeship assessment plan in respect of that standard, and

b no group will prepare the plan unless one is convened to do so.

10 The Secretary of State must publish—

a information about matters that the Secretary of State takes into account when deciding whether or not to approve apprenticeship assessment plans for the purposes of subsection (6);

aa information about matters that the Secretary of State takes into account in deciding whether it would be more appropriate for an apprenticeship assessment plan to be prepared by the Secretary of State than by a group of persons for the purposes of subsection (6A);

b information about matters that the Secretary of State takes into account when deciding whether or not to approve groups of persons for the purposes of subsection (7).

11 When making a decision of the kind mentioned in subsection (10)(a) or (b) in a particular case, the Secretary of State may also take into account such other matters as the Secretary of State considers appropriate in the case in question.

12 Information published under subsection (10) may be revised or replaced, and the Secretary of State must publish under that subsection any revised or replacement information.

13 Where an apprenticeship assessment plan is published, the Secretary of State must publish, with the information published under section ZA10(5) in relation to the occupation, information indicating that there is an apprenticeship assessment plan in respect of the standard for the occupation.

^F300A2A Preparation of apprenticeship standards and assessment plans¶

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Quality assurance of apprenticeship assessments etc ¶

A2B Evaluation of quality of apprenticeship assessments¶

1 The Secretary of State must secure that evaluations are carried out of the quality of apprenticeship assessments provided by persons in relation to assessment plans published under section A2.

2 “Apprenticeship assessment” means the assessment of a person's attainment of the outcomes set out in the standard to which the apprenticeship assessment plan relates.

3 For the purposes of subsection (1) the Secretary of State may carry out evaluations or approve or make arrangements for other persons to carry out evaluations.

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A2C Unsatisfactory apprenticeship assessments¶

1 If the Secretary of State considers that the quality of any apprenticeship assessment provided by a person is or may become unsatisfactory, the Secretary of State may carry out a review of the assessment, or make arrangements with another person for the carrying out of such a review.

2 The Secretary of State may, in consequence of a review, make arrangements for the purpose of improving the quality of the assessment to which the review relates.

3 If the Secretary of State—

a considers that the quality of any apprenticeship assessment provided by a person is or may become unsatisfactory, or

b that a person who provides an apprenticeship assessment has failed to co-operate with a review carried out under this section or with arrangements made under subsection (2),

the Secretary of State may report the matter to any person the Secretary of State considers appropriate.

4 A report under subsection (3) may contain recommendations as to the action to be taken by the person to whom the report is made.

5 The Secretary of State may publish a report under subsection (3).

^F426A2D Committee to advise on quality evaluations etc¶

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Technical education qualifications¶

A2D1 Approval of technical education qualifications: overview¶

1 Sections A2D3 and A2D5 provide for the approval of technical education qualifications.

2 Section A2D3 provides for the approval of technical education qualifications which (in conjunction with any approved steps towards occupational competence determined under section A2D4) can lead to the award of technical education certificates under section A3A.

3 Section A2D5 provides for the approval of other technical education qualifications.

4 For further provision about approval of technical education qualifications see, in particular—

a section A2D2 (provision about the categories of technical education qualification that may be approved under section A2D3 or A2D5),

b sections A2D6 to A2D11 (further provision about approval and withdrawal of approval),

c section A2HA (list of technical education qualifications), and

d section A2IA (transfer of copyright relating to technical education qualifications approved under section A2D3).

A2D2 Categories of technical education qualification¶

1 The Secretary of State—

a may specify one or more categories of technical education qualification in relation to England that may be approved under section A2D3, and

b may specify one or more categories of technical education qualification in relation to England that may be approved under section A2D5.

2 The Secretary of State may specify a category under subsection (1)(b) only if the Secretary of State considers that it would not be appropriate for qualifications in the category to be approved under section A2D3.

3 For any category specified under subsection (1)(b), the Secretary of State must specify which of the following is the appropriate test for the purposes of section A2D5—

a the alternative approval test (see section A2D5(3));

b the additional specialist competence test (see section A2D5(4));

c the significant outcomes test (see section A2D5(5)).

4 The Secretary of State may revise or withdraw any category specified under subsection (1).

5 A technical education qualification does not cease to be approved merely because the category is revised or withdrawn under subsection (4).

6 The Secretary of State must publish information showing—

a the categories of technical education qualification that are for the time being specified under subsection (1), and

b for each category, whether qualifications in the category may be approved under section A2D3 or A2D5 and, if under section A2D5, the appropriate test.

7 Before specifying a category of qualification under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

A2D3 Technical education certificate: approval of technical education qualifications¶

1 The Secretary of State may ^F431... approve a technical education qualification under this section in respect of one or more occupations for which standards are published under section ZA11.

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3 The Secretary of State may approve a technical education qualification under this section only if satisfied that

a the qualification falls within a category specified under section A2D2(1)(a), and

b by obtaining the qualification a person demonstrates that he or she has attained as many of the outcomes set out in the standards as may reasonably be expected to be attained by undertaking a course of education.

4 The Secretary of State may approve a technical education qualification under this section only where the Secretary of State—

a has determined the documents relating to the qualification to which the Secretary of State considers section A2IA should apply (if any), and

b is satisfied that each person (other than the Secretary of State ) who the Secretary of State thinks is entitled to a right or interest in any copyright in those documents agrees to the right or interest being transferred to the Secretary of State (see section A2IA).

5 If the Secretary of State fails to comply with subsection (4)(b) then, unless the Secretary of State does so in the knowledge that a person does not agree as mentioned in that provision—

a the failure does not invalidate the approval of the qualification, but

b the Secretary of State must pay such compensation (if any) as may be appropriate to any person whose right or interest is transferred to the Secretary of State without the person's agreement.

6 In making a determination under subsection (4)(a), the Secretary of State may take into account the likelihood of any person agreeing as mentioned in subsection (4)(b).

7 The Secretary of State may revise a determination under subsection (4)(a) before approving the qualification.

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A2D4 Additional steps towards occupational competence¶

1 Where there is a technical education qualification that is approved under section A2D3 in respect of one or more occupations, the Secretary of State may from time to time determine other steps that the Secretary of State considers it would be appropriate for a person to take in order to progress towards being a person who is competent to work in those occupations.

2 Steps determined under this section may include the obtaining of other qualifications.

3 The Secretary of State may make a further determination under this section.

4 The Secretary of State must publish a statement of any steps the Secretary of State determines under this section.

5 In this Chapter steps that the Secretary of State determines under this section are referred to as “approved steps towards occupational competence”.

A2D5 Further powers to approve technical education qualifications¶

1 The Secretary of State may ^F439... approve a technical education qualification under this section in respect of one or more published occupations (each a “related” occupation).

2 But the Secretary of State may approve a qualification under this section only if—

a the Secretary of State is satisfied that the qualification falls within a category specified under section A2D2(1)(b),

b the qualification meets each of the following tests in respect of the related occupation or occupations—

i the appropriate test specified for the category under section A2D2(3), and

ii the employer demand test (see subsection (6)), and

c the Secretary of State is not prevented from approving the qualification by virtue of a moratorium under section A2D9.

3 The alternative approval test is met in respect of an occupation if—

a a standard is published under section ZA11 for the occupation, and

b the Secretary of State is satisfied that by obtaining the qualification a person demonstrates attainment of as many of the outcomes set out in the standard as may reasonably be expected to be attained by undertaking a course of education.

4 The additional specialist competence test is met in respect of an occupation if—

a a standard is published under section ZA11 for the occupation, and

b the Secretary of State is satisfied that—

i by obtaining the qualification, a person demonstrates attainment of particular outcomes which are additional to those set out in the standard, and

ii attaining all those outcomes (together with attainment of the outcomes set out in the standard) would enable a person to specialise within the occupation.

5 The significant outcomes test is met in respect of one or more occupations if—

a the Secretary of State is satisfied that—

i by obtaining the qualification a person demonstrates attainment of particular outcomes in relation to the occupations, and

ii attaining those outcomes would enable a person to work in the occupations at a particular level of competence (whether in the course of training or otherwise) or to improve competence in the occupations, and

b where standards are published under section ZA11 for any of the occupations, the outcomes are set out in the standards (whether or not all in the same standard).

6 The employer demand test is met in respect of one or more occupations if the Secretary of State is satisfied that there is, or is likely to be, demand from employers in the occupations for employees who have obtained the particular qualification.

A2D6 Approved technical education qualifications: approval and withdrawal¶

1 The Secretary of State may make any arrangements that the Secretary of State considers appropriate—

a to secure that suitable technical education qualifications are available for approval under section A2D3 or A2D5, or

b in connection with the approval, or continued approval, of a technical education qualification under either of those sections.

2 The Secretary of State may withdraw approval of a technical education qualification.

3 The Secretary of State is not required to withdraw approval of a technical education qualification in a specified category merely because—

a the qualification is modified, or

b the category is revised or withdrawn under section A2D2(4).

4 The Secretary of State must publish information about matters that the Secretary of State takes into account when deciding whether or not—

a to approve a qualification under section A2D3 or A2D5, or

b to withdraw approval of it.

5 The matters may differ for different purposes and may, in particular, be different for—

a qualifications in different categories specified under section A2D2, or

b qualifications relating to different occupations.

6 When making a decision of the kind mentioned in subsection (4)(a) or (b) in a particular case, the Secretary of State may also take into account such other matters as the Secretary of State considers appropriate in the case in question.

7 Information published under subsection (4) may be revised or replaced, and the Secretary of State must publish under that subsection any revised or replacement information.

A2D7 Approved technical education qualifications: publication and fees¶

1 Where a technical education qualification is approved in respect of an occupation, the Secretary of State must publish, with the information published under section ZA10(5) in relation to the occupation, information indicating—

a that a technical education qualification has been approved in respect of it, and

b whether the qualification (in conjunction with any steps approved under section A2D4) could lead to a technical education certificate.

2 If approval of the technical education qualification is withdrawn, the Secretary of State must publish, with the information published under section ZA10(5) in relation to the occupation, information indicating that the approval of the qualification has been withdrawn.

3 The Secretary of State may ^F448... charge fees for things done in connection with approval, or continued approval, of qualifications under section A2D5.

4 The fees are to be determined by or in accordance with regulations made by the Secretary of State.

A2D8 Reviews of approval of technical education qualifications¶

1 The Secretary of State must maintain arrangements for reviewing approved technical education qualifications ^F449... with a view to determining, for each qualification, whether—

a it should continue to be approved,

b it should be revised, or

c approval should be withdrawn.

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A2D9 Moratorium on further approvals under section A2D5¶

1 This section applies where the Secretary of State determines that there is an appropriate number of approved technical education qualifications of a particular kind.

2 The Secretary of State may decide not to approve further technical education qualifications of that kind under section A2D5 for a period (a “moratorium”).

3 Where the Secretary of State decides that there should be a moratorium in relation to technical education qualifications of a particular kind, the Secretary of State—

a must publish that decision, and

b during the moratorium, may not approve any further technical education qualification of that kind under section A2D5.

4 A moratorium ends when the Secretary of State decides to end it.

5 Where the Secretary of State decides to end a moratorium, the Secretary of State must publish that decision.

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^F457 A2D10 Directions¶

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^F458A2D11 Co-operation between the Institute and Ofqual¶

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Other provision relating to approved English apprenticeships and technical education¶

A2E ^F392... Reviews of published standards and assessment plans¶

1 The Secretary of State must maintain arrangements for the review ^F459... of each standard or apprenticeship assessment plan published under this Chapter, with a view to determining whether the standard or plan ought to be revised or withdrawn.

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A2F Revision or withdrawal of published standards and assessment plans¶

1 The Secretary of State may—

a publish a revised version of a standard or apprenticeship assessment plan published under this Chapter, or

b withdraw a standard or apprenticeship assessment plan published under this Chapter (with or without publishing another in its place).

2 Subsections (3) to (9) of section ZA11 apply in relation to a revised version of a standard published under this section as they do in relation to a standard published under that section.

3 Subsections (6) to (12) of section A2 apply in relation to a revised version of an apprenticeship assessment plan published under this section as they do in relation to an apprenticeship assessment plan published under that section.

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A2G Examinations by independent third parties¶

1 The Secretary of State may at any time make arrangements for an independent third party to carry out an examination of—

a a standard, or

b an apprenticeship assessment plan.

3 Where an examination of a standard or apprenticeship assessment plan is carried out under this section, the Secretary of State must take account of the finding of the examination in exercising the Secretary of State’s functions in relation to the standard or apprenticeship plan under this Chapter.

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A2H List of published standards and assessment plans¶

1 The Secretary of State must maintain a list of the standards and assessment plans published by the Secretary of State under this Chapter.

2 In respect of each standard and plan listed (including any revised version), the list must include details of when it comes into force.

3 Where a revised version is listed, the list must include a general description of the cases to which the revised version applies.

4 Where a standard or plan has been withdrawn, the list must include details of when the withdrawal comes into force and a general description of the cases to which it applies.

5 The Secretary of State must secure that the list is available free of charge at all reasonable times.

A2HA List of technical education qualifications¶

1 The Secretary of State must maintain a list of approved technical education qualifications.

1A For each qualification, the list must indicate whether (in conjunction with any steps determined under section A2D4) it could lead to the issue of a technical education certificate.

2 The list must include information for the purpose of enabling people to refer, in relation to each qualification, to—

a any standards published under section ZA11 for the occupations in respect of which the qualification is approved, and

b any statement of steps published under section A2D4 in relation to those occupations.

3 The Secretary of State must ensure that the list is available free of charge.

A2I Transfer of copyright in standards and assessment plans¶

1 This section applies where—

a a standard is approved by the Secretary of State under section ZA11 or an apprenticeship assessment plan is approved by the Secretary of State under section A2, and

b a person (other than the Secretary of State) is entitled, immediately before the time the approval is given, to any right or interest in any copyright in the standard or plan.

2 The right or interest is, by virtue of this section, transferred from that person to the Secretary of State at the time the approval is given.

3 The Secretary of State must ensure that a standard or apprenticeship assessment plan in relation to which a right or interest has transferred by virtue of subsection (2) is made available to the public, subject to any conditions that the Secretary of State considers appropriate.

A2IA Transfer of copyright relating to technical education qualifications¶

1 This section applies where a technical education qualification is approved under section A2D3.

2 The right or interest in any copyright in a relevant course document is, by virtue of this section, transferred from the person to the Secretary of State at the time the approval is given.

3 The Secretary of State may assign to another person, or grant a licence to another person in respect of, any right or interest transferred to the Institute by virtue of this section.

4 In this section “relevant course document” means a document in relation to which the Secretary of State has made a determination under section A2D3(4)(a).

A2IB Availability of approved technical education qualifications outside England¶

The Secretary of State may provide advice and assistance, or take other steps that the Secretary of State considers appropriate, for the purpose of enabling approved technical education qualifications to be made available to be obtained by persons outside England.

A3 Power to issue apprenticeship certificate¶

1 The Secretary of State may issue a certificate (“an apprenticeship certificate”) in respect of a person who applies for it if it appears to the Secretary of State that the person has completed an approved English apprenticeship.

2 The Secretary of State may by regulations make provision about—

a the manner in which applications under subsection (1) must be made;

b the supply by the Secretary of State of apprenticeship certificates issued under that subsection, and copies of those certificates, to—

i persons in respect of whom they were issued;

ii persons for whom those persons work or have worked under approved English apprenticeship agreements to which the certificates relate.

3 The Secretary of State may charge a fee for issuing an apprenticeship certificate or supplying a copy only if, and to the extent that, the charging of the fee is authorised by regulations.

A3A Power to issue technical education certificate¶

1 The Secretary of State may issue a certificate (a “technical education certificate”) to a person if it appears to the Secretary of State that the person has—

a obtained a technical education qualification approved under section A2D3, and

b taken any other steps determined under section A2D4 in relation to the occupations in respect of which the qualification is approved.

2 The Secretary of State may by regulations make provision—

a requiring an application to be made in a prescribed manner before a certificate is issued;

b about the supply by the Secretary of State of copies of technical education certificates to persons to whom they were issued;

c authorising the Secretary of State (subject to any restrictions prescribed by the regulations) to charge a fee for issuing a technical education certificate or supplying a copy.

A4 Delegation¶

1 Any function of the Secretary of State under this Chapter may be carried out by a person designated by the Secretary of State.

2 Subsection (1) does not apply to any power of the Secretary of State to make regulations.

3 A person designated under this section must—

a comply with directions given by the Secretary of State, and

b have regard to guidance given by the Secretary of State.

4 A designation under this section may be revoked.

A5 English apprenticeship agreements: status¶

1 To the extent that it would otherwise be treated as being a contract of apprenticeship, an approved English apprenticeship agreement is to be treated as not being a contract of apprenticeship.

2 To the extent that it would not otherwise be treated as being a contract of service, an approved English apprenticeship agreement is to be treated as being a contract of service.

3 This section applies for the purposes of any enactment or rule of law.

A6 English apprenticeship agreements: supplementary provision¶

1 If an agreement—

a contains provision which satisfies the conditions mentioned in section A1(3)(a) to (c), but

b also contains other provision which is inconsistent with those conditions,

the other provision is to be treated as having no effect.

2 Before an agreement which satisfies the conditions mentioned in section A1(3)(a) to (c) is varied in such a way that it no longer satisfies one or more of those conditions, the person for whom the apprentice is working must give the apprentice a written notice.

3 The written notice must explain that, if the variation takes effect, the agreement will cease to be an approved English apprenticeship agreement.

4 If an agreement is varied in breach of the requirement under subsection (2), the variation has no effect.

A7 Crown servants and parliamentary staff¶

1 Section A1(3) applies in relation to—

a an agreement under which a person undertakes Crown employment,

b an agreement under which a person undertakes service as a member of the naval, military or air forces of the Crown, and

c an agreement under which a person undertakes employment as—

i a relevant member of the House of Lords staff, or

ii a relevant member of the House of Commons staff,

as it applies in relation to any other agreement under which a person is to work for another (and this Chapter applies accordingly).

2 Subsection (1) is subject to subsection (3) and to any modifications which may be prescribed under subsection (5).

3 Section A5(2) does not apply in relation to an approved English apprenticeship agreement that is an agreement within paragraph (a), (b) or (c) of subsection (1).

4 Without prejudice to section 262(3), the power conferred by section A1(3)(c) may be exercised, in particular, to make provision in relation to an agreement within any of paragraphs (a), (b) and (c) of subsection (1) that differs from provision made in relation to other agreements under which a person is to work for another.

5 The Secretary of State may by regulations provide for any provision of this Chapter to apply with modifications in relation to—

a an agreement within paragraph (a), (b) or (c) of subsection (1), or

b a person working, or proposing to work, under such an agreement.

6 In subsection (1)—

“Crown employment” means employment under or for the purposes of a government department or an officer or body exercising on behalf of the Crown functions conferred by a statutory provision (but does not include service as a member of the naval, military or air forces of the Crown);
“relevant member of the House of Commons staff” has the meaning given by section 195(5) of the Employment Rights Act 1996;
“relevant member of the House of Lords staff” has the meaning given by section 194(6) of that Act.

^F344A8 Progress reports¶

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A9 Public sector apprenticeship targets¶

1 The Secretary of State may by regulations set apprenticeship targets for prescribed public bodies.

2 An “apprenticeship target”, in relation to a public body, is a target relating to the number of persons (“apprentices”) who work for the body under an apprenticeship agreement.

3 Public bodies for which apprenticeship targets are set under this section must have regard to—

a the targets, and

b any applicable guidance issued by the Secretary of State in relation to the targets.

4 The Secretary of State may require a public body to provide any information that the Secretary of State needs for the purpose of exercising functions under this section.

5 Regulations under this section may set apprenticeship targets for—

a a prescribed public body,

b a prescribed part of a public body,

c a prescribed group of public bodies, or

d public bodies of a prescribed description.

A reference in this section to a public body includes a reference to a prescribed part of a public body or a prescribed group of public bodies.

6 The regulations must specify the period to which each apprenticeship target relates.

7 In this section—

“apprenticeship agreement” means—
1. an approved English apprenticeship agreement;
2. an apprenticeship agreement within the meaning given in section 32 as it applies in relation to England by virtue of provision made under section 115(9) of the Deregulation Act 2015;
“public body” means—
1. a public authority, or
2. a body or other person that is not a public authority but has functions of a public nature and is funded wholly or partly from public funds.

A10 Further provision about apprenticeship targets¶

1 A public body for which an apprenticeship target is set must—

a publish and send to the Secretary of State the information specified in subsection (2), and

b send to the Secretary of State any other prescribed information,

within six months after the end of each reporting period of the body in the target period.

2 The information referred to in subsection (1)(a) is—

a the number of employees whose employment in England by the body began in the reporting period in question (“figure A”);

b the number of apprentices who began to work for the body in that period and whose apprenticeship agreements also began in that period (“figure B”);

c figure B expressed as a percentage of figure A;

d the number of employees employed in England that the body has at the end of that period (“figure C”);

e the number of apprentices who work for the body at the end of that period (“figure D”);

f figure D expressed as a percentage of figure C;

g if that reporting period is the first reporting period in the target period, the number of apprentices who worked for the body immediately before that period.

3 The information that may be prescribed under subsection (1)(b) includes—

a information about action that the body has taken to meet an apprenticeship target set for it;

b if the public body has failed to meet an apprenticeship target set for it, an explanation of why the target has not been met;

c information about action that the body proposes to take to meet an apprenticeship target set for the body for a period that has not yet expired (“a future target”);

d if the body considers that a future target is not likely to be met, an explanation of why that is so.

4 Regulations may specify how the information is to be published or sent.

5 A body's “reporting periods” in the target period are—

a so much of the first financial year of the body to end in the target period as falls within that period,

b each subsequent financial year of the body which falls wholly within the target period, and

c if the target period ends during a financial year of the body, so much of that financial year as falls within that period.

6 But, where the target period in relation to a body does not exceed 12 months, the Secretary of State may direct in writing that for the purposes of this section the body is to be treated as having one reporting period which coincides with the target period.

7 Where, by virtue of section A9(5)(c) or (d) a target is set for more than one public body, regulations may specify which body's financial year is to be used to determine the reporting periods under subsection (5).

8 In this section—

“apprenticeship agreement” has the meaning given by section A9(7);
“apprenticeship target” has the meaning given by section A9(2);
“public body” has the meaning given by section A9(7);
“target period”, in relation to an apprenticeship target, means the period specified under section A9(6) as the period to which the target relates.

A11 Only statutory apprenticeships to be described as apprenticeships¶

1 A person (“P”) providing or offering any course or training that is, or is to be, undertaken (wholly or partly) in England commits an offence if—

a in the course of business P describes the course or training as an apprenticeship, and

b the course or training is not a statutory apprenticeship.

2 No offence is committed under subsection (1) where the course or training is, or is to be, provided to an individual under or in pursuance of a contract of employment between the individual and P.

3 In subsection (1) “statutory apprenticeship” means any course or training that is, or is to be, provided under—

a an approved English apprenticeship;

b an apprenticeship agreement within the meaning given in section 32;

c an arrangement to undertake any other kind of working—

i in relation to which alternative English completion conditions apply under section 1(5), and

ii in connection with which training is to be provided in accordance with an apprenticeship framework within the meaning given in section 12; or

d arrangements made under—

i section 2 of the Employment and Training Act 1973,

ii section 17B(1)(a) of the Jobseekers Act 1995,

iii section 2(3) of the Enterprise and New Towns (Scotland) Act 1990, or

iv section 1 of the Employment and Training Act (Northern Ireland) 1950,

that are identified by the person making the arrangements as arrangements for the provision of apprenticeships.

4 The reference to section 32 in subsection (3)(b) includes a reference to that section as it applies in relation to England by virtue of provision made under section 115(9) of the Deregulation Act 2015; and a reference to a section in subsection (3)(c) is a reference to the section as it so applies.

5 A person guilty of an offence under this section is liable on summary conviction to a fine.

6 Where an offence under this section committed by a body corporate—

a is committed with the consent or connivance of an officer of the body corporate, or

b is attributable to neglect on the part of an officer of the body corporate,

the officer also commits the offence and is liable to be proceeded against and punished accordingly.

7 Every local weights and measures authority in England—

a has a duty to enforce the provisions of this section within their area;

b must make to the Secretary of State, whenever he or she so directs, a report on the exercise of the authority's functions under this section.

A report under paragraph (b) must be in such form, and contain such particulars, as the Secretary of State may direct.

8 Proceedings for an offence under this section may be instituted only—

a by or on behalf of a local weights and measures authority in England,

b by or on behalf of the Secretary of State, or

c with the consent of the Director of Public Prosecutions.

9 In this section—

“contract of employment” has the same meaning as in the Employment Rights Act 1996 (see section 230(2) of that Act);
“offering”, in relation to any course or training, includes offering or marketing it to the public generally or to any section of the public;
“officer”, in relation to a body corporate, means—
1. a director, manager, secretary or similar officer of the body, or a person purporting to act in such capacity;
2. a governor of an educational institution conducted by the body.

10 The reference in subsection (1) to describing any course or training as an apprenticeship includes a reference to describing an individual who undertakes it as an apprentice.

A12 Interpretation of Chapter A1¶

1 In this Chapter—

“approved technical education qualification” means a technical education qualification that is approved by the Secretary of State under section A2D3 or A2D5;
^F475...
“published occupation” means an occupation which the Secretary of State has determined falls within section ZA10(1)(a) and in relation to which information is published under section ZA10(5);
“specified category”, in relation to a qualification, means a category specified under section A2D2;
“technical education certificate” has the meaning given by section A3A;
“technical education qualification” means a qualification that relates to one or more occupations.

2 References in this Chapter to approval, in relation to a technical education qualification approved under section A2D3 or A2D5, are to approval under the section in question.

Chapter 1 Apprenticeships: Wales¶

^F163...¶

^F1631 Meaning of “completing an English apprenticeship”¶

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^I3322 Meaning of “completing a Welsh apprenticeship”¶

1 This section applies for the purposes of this Chapter.

2 A person completes a Welsh apprenticeship in relation to an apprenticeship framework if—

a the standard Welsh completion conditions are met, or

b the alternative Welsh completion conditions are met.

3 The standard Welsh completion conditions are—

a that the person has entered into an apprenticeship agreement in connection with the apprenticeship framework,

b that at the date of that agreement the framework was a recognised Welsh framework,

c that the person has completed a course of training for the competencies qualification identified in the framework,

d that, throughout the duration of the course, the person was working under the apprenticeship agreement, and

e that the person meets the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate.

4 In subsection (3)(d)—

a the reference to the apprenticeship agreement mentioned in subsection (3)(a) includes a reference to any apprenticeship agreement which the person subsequently entered into in connection with the same apprenticeship framework;

b the reference to the course of training for the competencies qualification is to be read, in a case where the person has followed two or more courses of training for the competencies qualification, as a reference to both or all of them.

5 The alternative Welsh completion conditions are conditions which—

a apply in cases where a person works otherwise than under an apprenticeship agreement, and

b are specified in regulations made by the Welsh Ministers.

6 The kinds of working in relation to which provision may be made under subsection (5) include—

a working as a self-employed person;

b working otherwise than for reward.

^F165...¶

^F1653 Duty to issue: England¶

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^F1654 Power to issue: England¶

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^F1655 Issue by the English certifying authority: supplementary¶

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^F1656 The English certifying authority¶

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Apprenticeship certificates: Wales¶

^I3337 Duty to issue: Wales¶

1 The Welsh certifying authority must issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—

a it appears to the authority that the person has completed a Welsh apprenticeship in relation to the apprenticeship framework,

b in a case within section 2(2)(a), it appears to the authority that the condition in subsection (3)(e) of that section was met at the date of the person's application, and

c the person—

i provides the authority with such information and evidence as the authority requires the person to provide, and

ii pays any fee charged by the authority for the issue of the certificate (see section 9).

2 The “prescribed manner” is the manner prescribed by regulations made by the Welsh Ministers.

^I3348 Power to issue: Wales¶

1 The Welsh certifying authority may issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—

a it appears to the authority that at the date of the application the person met the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate,

b the framework is, or has been, a recognised Welsh framework,

c the person—

i provides the authority with such information and evidence as the authority requires the person to provide, and

ii pays any fee charged by the authority for the issue of the certificate (see section 9).

2 The “prescribed manner” for the purposes of subsection (1), is the manner prescribed by regulations made by the Welsh Ministers.

^I3359 Issue by the Welsh certifying authority: supplementary¶

1 The Welsh certifying authority may charge a fee for issuing an apprenticeship certificate only if, and to the extent that, it is authorised to do so by regulations made by the Welsh Ministers.

2 Regulations made by the Welsh Ministers may make provision about the supply of copies of apprenticeship certificates issued under section 7 or 8.

3 Regulations under subsection (2) may include provision authorising a person supplying a copy of an apprenticeship certificate to charge a fee for doing so.

^I33610 The Welsh certifying authority¶

1 In this Chapter, the “Welsh certifying authority”, in relation to an apprenticeship certificate of any description, means—

a the person (if any) designated under this section to issue apprenticeship certificates of that description;

b if there is no-one within paragraph (a), the person (if any) designated under this section to issue apprenticeship certificates generally;

c if there is no-one within paragraph (a) or (b), the Welsh Ministers.

2 A person designated under this section to issue apprenticeship certificates must, in exercising functions under this Chapter—

a comply with directions given by the Welsh Ministers, and

b have regard to guidance given by the Welsh Ministers.

3 “Designated” means designated by an order made by the Welsh Ministers.

Contents of apprenticeship certificate: ^F160...Wales¶

^I318^I34611 Contents of apprenticeship certificate¶

1 An apprenticeship certificate must state—

a the name of the person to whom it is issued,

b the apprenticeship framework to which it relates,

c the level of that framework, and

d the apprenticeship sector to which that framework relates.

2 An apprenticeship certificate must also state such other matters as the Welsh Ministers may by regulations require to be stated in a certificate of that description.

^F1793 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Apprenticeship frameworks: ^F161... Wales¶

^I312^I34712 Apprenticeship frameworks: interpretation¶

1 In this Chapter, “apprenticeship framework” means a specification of requirements, for the purpose of the issue of apprenticeship certificates, that satisfies subsection (2).

2 The requirements specified must—

a be at a particular level stated in the specification, and

b relate to a particular skill, trade or occupation included in an apprenticeship sector stated in the specification.

^F1803 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 In this Chapter, “recognised Welsh framework” means an apprenticeship framework issued under section 19(1) from which recognition has not been withdrawn under section 19(2).

5 For the purposes of this Chapter—

a an apprenticeship framework is at the level of the requirements stated in it;

b an apprenticeship framework relates to the apprenticeship sector stated in it.

^F166...¶

^F16613 English issuing authority¶

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^F16614 Issue: England¶

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^F16615 Recognised English frameworks: notification and publication¶

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^F16616 Submission of draft framework for issue: England¶

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^F16617 Transitional provision: England¶

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Apprenticeship frameworks: Wales¶

^I33718 Welsh issuing authority¶

1 The Welsh Ministers may designate a person to issue apprenticeship frameworks relating to a particular apprenticeship sector.

2 The power to designate conferred by this section may not be exercised in such a way that there is at any time more than one person designated to issue apprenticeship frameworks relating to a particular apprenticeship sector.

3 A person designated under this section must, in exercising functions under this Chapter—

a comply with directions given by the Welsh Ministers;

b have regard to guidance given by the Welsh Ministers.

4 A designation under this section may be amended or revoked by the Welsh Ministers.

5 In this Chapter, the “Welsh issuing authority”, in relation to an apprenticeship framework, means—

a the person (if any) designated under this section to issue frameworks of that description;

b if there is no-one so designated, the Welsh Ministers.

^I33819 Issue: Wales¶

1 The Welsh issuing authority may issue an apprenticeship framework only if the authority is satisfied that the framework meets the requirements specified, by the specification of apprenticeship standards for Wales, for recognised Welsh frameworks of that description.

2 Recognition of a recognised Welsh framework may be withdrawn by the Welsh issuing authority—

^F319a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F319b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I33920 Recognised Welsh frameworks: notification and publication¶

1 On issuing an apprenticeship framework under section 19(1), the Welsh issuing authority must—

a publish the framework;

b if the issuing authority is not the Welsh Ministers, notify the Welsh Ministers of the issue of the framework.

2 A notice given under subsection (1)(b) must be accompanied by a copy of the framework.

3 A Welsh issuing authority which withdraws recognition of an apprenticeship framework under section 19(2) must—

a publish a notice stating that recognition of the framework has been withdrawn;

b in the case where the issuing authority are not the Welsh Ministers, notify the Welsh Ministers of the withdrawal.

4 Where this section imposes a duty on a person to publish a framework or notice, the publication may be in such manner as the person thinks fit.

^I34021 Submission of draft framework for issue: Wales¶

1 This section applies if a person—

a submits a draft of an apprenticeship framework to the Welsh issuing authority, and

b requests that the authority issue a framework in the form of the draft.

2 The authority may require the person to provide such information and evidence in connection with the draft as the authority thinks appropriate.

3 If the authority decides not to issue a framework in the form of the draft, it must give the person reasons for its decision.

^I34122 Transitional provision: Wales¶

1 The Welsh Ministers may by order provide for an existing vocational specification to be treated, for all purposes or for purposes specified in the order, as if it were an apprenticeship framework issued under section 19(1) that specified requirements for the purpose of the issue of apprenticeship certificates.

2 For the purposes of its application in relation to an existing vocational specification that, by virtue of an order under subsection (1), is treated as an apprenticeship framework issued under section 19(1), this Chapter has effect subject to any modifications specified in the order.

3 An order under subsection (1) must—

a specify a date on which the deemed framework is to be treated as being issued under section 19(1);

b specify a date on which recognition of the deemed framework is to be treated as having been withdrawn under section 19(2);

c specify a qualification that the deemed framework is to be treated as identifying as the competencies qualification;

d specify the level and apprenticeship sector that are to be treated as being stated in the deemed framework.

4 The date specified under subsection (3)(b) in an order under subsection (1) must be no later than the day after the day that is the school leaving date for 2013.

5 In this section—

“the deemed framework”, in relation to an order under subsection (1), means an existing vocational specification that, by virtue of the order, is treated as being an apprenticeship framework issued under section 19(1);
“existing vocational specification” means a specification, prepared before the coming into force of section 19, of training, qualifications and skills appropriate for persons engaging in a particular trade, skill or occupation.

6 Nothing in this section limits the powers conferred by section 262.

^F164...¶

^F16423 Duty to prepare and submit draft specification: England¶

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^F16424 Order bringing specification into effect¶

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^F16425 Modification: England¶

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^F16426 Replacement or modification: recognised English frameworks¶

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^F16427 Contents of specification of apprenticeship standards for England¶

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Specification of apprenticeship standards: Wales¶

^I34228 Specification of apprenticeship standards for Wales¶

1 The Welsh Ministers may prepare a draft specification of apprenticeship standards.

2 In preparing the draft, the Welsh Ministers must consult such persons as they think appropriate.

3 Having prepared a draft, the Welsh Ministers may by order provide that a specification of apprenticeship standards (“the specification of apprenticeship standards for Wales”) is to have effect—

a in the form of the draft, or

b in that form with such modifications as the Welsh Ministers think appropriate.

4 Subsection (2) does not apply in relation to the first draft specification to be prepared by the Welsh Ministers after the commencement of this section.

5 The Welsh Ministers may not make an order under subsection (3) unless satisfied that the specification of apprenticeship standards given effect to by the order complies with section 31.

6 The power conferred by subsection (3) is to be exercised so as to secure that at any time only one specification of apprenticeship standards has effect as the specification of apprenticeship standards for Wales.

^I34329 Modification: Wales¶

1 The Welsh Ministers may by order provide that the specification of apprenticeship standards for Wales is to have effect subject to modifications specified in the order.

2 The Welsh Ministers may not make an order under this section unless satisfied that the specification, as so modified, complies with section 31.

^I34430 Replacement or modification: recognised Welsh frameworks¶

1 Subject to subsection (2), a recognised Welsh framework does not cease to be a recognised Welsh framework if, by virtue of an order under section 28 or 29, it ceases to meet the requirements specified for frameworks of its description by the specification of apprenticeship standards for Wales.

2 An order under section 28 may provide for an apprenticeship framework which—

a immediately before the making of the order is a recognised Welsh framework, but

b does not meet the requirements specified for frameworks of its description by the specification of apprenticeship standards for Wales to which the order gives effect,

to cease to have effect as a recognised Welsh framework.

^I34531 Contents of specification of apprenticeship standards for Wales¶

1 The specification of apprenticeship standards for Wales—

a must specify requirements to be met by recognised Welsh frameworks,

b may specify different requirements in relation to recognised Welsh frameworks at different levels.

2 The requirements specified by the specification of apprenticeship standards for Wales must include—

a requirements as to Welsh certificate requirements, including requirements as to standards of attainment to be required by them,

b requirements for a recognised Welsh framework to include, as a Welsh certificate requirement, the requirement that an apprenticeship certificate relating to the framework may be issued to a person only if the person has received both on-the-job training and off-the-job training, and

c requirements for a recognised Welsh framework to—

i include, as a Welsh certificate requirement, the requirement that one or more qualifications be held,

ii include, as a Welsh certificate requirement, the requirement that the qualification, or the qualifications taken together, demonstrate the relevant occupational competencies and the relevant technical knowledge, and

iii identify the qualification that demonstrates the relevant occupational competencies as the competencies qualification in relation to the framework.

3 Requirements as to standards of attainment may be specified by reference, in particular, to descriptions of qualifications or training.

4 In this section—

“off-the-job training” in relation to a recognised Welsh framework, is training which—
1. is received for the purposes of the skill, trade or occupation to which the framework relates, and
2. is not on-the-job training;
“on-the-job training” in relation to a recognised Welsh framework, is training received in the course of carrying on the skill, trade or occupation to which the framework relates;
“the relevant occupational competencies”, in relation to a recognised Welsh framework, means the competencies required to perform the skill, trade or occupation to which the framework relates at the level required in the framework;
“the relevant technical knowledge”, in relation to a recognised Welsh framework, means the technical knowledge required to perform the skill, trade or occupation to which the framework relates at the level required in the framework;
“Welsh certificate requirement” means a requirement specified in a recognised Welsh framework for the purpose of the issue of apprenticeship certificates relating to that framework by the Welsh certifying authority.

Apprenticeship agreements: ^F162... Wales¶

^I319^I32732 Meaning of “apprenticeship agreement”¶

1 In this Chapter, “apprenticeship agreement” means an agreement in relation to which each of the conditions in subsection (2) is satisfied.

2 The conditions are—

a that a person (the “apprentice”) undertakes to work for another (the “employer”) under the agreement;

b that the agreement is in the prescribed form;

c that the agreement states that it is governed by the law of England and Wales;

d that the agreement states that it is entered into in connection with a qualifying apprenticeship framework.

3 The power conferred by subsection (2)(b) may be exercised, in particular—

a to specify provisions that must be included in an apprenticeship agreement;

b to specify provisions that must not be included in an apprenticeship agreement;

c to specify all or part of the wording of provisions that must be included in an apprenticeship agreement.

4 Where an agreement states that it is entered into in connection with an apprenticeship framework (“the relevant framework”) that is not a qualifying apprenticeship framework, subsection (2)(d) is to be taken to be satisfied in relation to the agreement if—

a at a time within the period of three years ending with the date of the agreement, the relevant framework was a qualifying apprenticeship framework;

b at the date of the agreement, the apprentice has not completed the whole of a course of training for the competencies qualification identified in the relevant framework,

c before the date of the agreement, the apprentice entered into an apprenticeship agreement (“the earlier agreement”) which stated that it was entered into in connection with the relevant framework, and

d at the date of the earlier agreement, the relevant framework was a qualifying apprenticeship framework.

5 In subsection (4)(b), the reference to a course of training for the competencies qualification is to be read, in a case where the person follows two or more courses of training for the competencies qualification, as a reference to both or all of them.

6 An apprenticeship framework is a “qualifying apprenticeship framework”, for the purposes of this section, if it is—

^F181a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b a recognised Welsh framework.

^I320^I32833 Ineffective provisions¶

1 To the extent that provision included in an apprenticeship agreement conflicts with the prescribed apprenticeship provisions, it has no effect.

2 In this section, the “prescribed apprenticeship provisions”, in relation to an apprenticeship agreement, means those provisions—

a that are included in the agreement, and

b without the inclusion of which the agreement would not satisfy section 32(2)(b).

^I321^I32934 Variation¶

1 If a variation to an apprenticeship agreement is within subsection (2), it has effect only if, before it was made, the employer complied with the requirement in subsection (3).

2 A variation to an apprenticeship agreement is within this subsection if its nature is such that, were it to take effect, the agreement would cease to be an apprenticeship agreement.

3 The employer must give the apprentice written notice stating that, if the variation takes effect, the agreement will cease to be an apprenticeship agreement.

^I322^I33035 Status¶

1 To the extent that it would otherwise be treated as being a contract of apprenticeship, an apprenticeship agreement is to be treated as not being a contract of apprenticeship.

2 To the extent that it would not otherwise be treated as being a contract of service, an apprenticeship agreement is to be treated as being a contract of service.

3 This section applies for the purposes of any enactment or rule of law.

^I323^I33136 Crown servants and Parliamentary staff¶

1 Sections 32 to 35 apply in relation to—

a an agreement under which a person undertakes Crown employment,

b an agreement under which a person undertakes service as a member of the naval, military or air forces of the Crown, and

c an agreement under which a person undertakes employment as—

i a relevant member of the House of Lords staff, or

ii a relevant member of the House of Commons staff,

as they apply in relation to any other agreement under which a person undertakes to work for another.

2 Subsection (1) is subject to subsection (3) and to any modifications which may be prescribed under subsection (5).

3 Section 35(2) does not apply in relation to an apprenticeship agreement that is an agreement within paragraph (a), (b) or (c) of subsection (1).

4 Without prejudice to section 262(3), the power conferred by section 32(2)(b) may be exercised, in particular, to make provision in relation to an apprenticeship agreement which is an agreement within any of paragraphs (a), (b) and (c) of subsection (1) that differs from provision made in relation to other apprenticeship agreements.

5 Regulations may provide for any provision of this Chapter ^F118... to apply with modifications in relation to—

a an agreement within paragraph (a), (b) or (c) of subsection (1), or

b a person working, or proposing to work, under such an agreement.

6 In subsection (1)—

“Crown employment” means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by a statutory provision (but does not include service as a member of the naval, military or air forces of the Crown);
“relevant member of the House of Commons staff” has the meaning given by section 195(5) of the Employment Rights Act 1996 (c. 18);
“relevant member of the House of Lords staff” has the meaning given by section 194(6) of that Act.

Duty to participate in education or training: England¶

^I32437 Duty to participate in education or training: apprenticeship agreements¶

1 Part 1 of the Education and Skills Act 2008 (c. 25) (duty to participate in education or training: England) is amended as follows.

2 In section 2 (duty to participate), in subsection (1)(b) after “contract of apprenticeship” insert “ or an apprenticeship agreement ”.

3 In section 66 (interpretation of Part 1), in subsection (1)—

a at the appropriate place insert—

“ “apprenticeship agreement” has the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009;”;

b in the definition of “contract of employment” after “contract of apprenticeship” insert “ or an apprenticeship agreement ”.

General¶

^I31338 Apprenticeship sectors¶

1 The Welsh Ministers must by order specify sectors of skill, trade or occupation for the purposes of this Chapter.

2 The sectors specified under subsection (1) must in the opinion of the Welsh Ministers encompass the full range of skills, trades and occupations.

^I325^I34839 Interpretation of Chapter¶

1 In this Chapter—

“apprenticeship agreement” has the meaning given by section 32(1);
“apprenticeship certificate” means a certificate issued under section ^F184... 7 or 8;
“apprenticeship framework” has the meaning given by section 12(1);
“apprenticeship sector” means a sector specified under section 38;
“the competencies qualification”, in relation to an apprenticeship framework, means the qualification identified in the framework as being the competencies qualification;
^F185...
^F185...
^F185...
“recognised Welsh framework” has the meaning given by section 12(4);
^F185...
“the specification of apprenticeship standards for Wales” means the specification of apprenticeship standards having effect for the time being by virtue of an order made by the Welsh Ministers under section 28 or 29;
“Welsh certifying authority”, in relation to an apprenticeship certificate of any description, has the meaning given by section 10(1);
“Welsh issuing authority”, in relation to an apprenticeship framework, has the meaning given by section 18(5).

2 References in this Chapter—

a to the level of an apprenticeship framework, or

b to the apprenticeship sector to which an apprenticeship framework relates,

are to be construed in accordance with section 12(5).

3 References in this Chapter to an employer and an apprentice, in relation to an apprenticeship agreement, are to be construed in accordance with section 32.

Chapter 2 Study and training¶

^I26740 Employer support for employee study and training¶

1 The Employment Rights Act 1996 (c. 18) is amended as follows.

2 After Part 6 (time off work) insert—

Part 6A Study and training

63D Statutory right to make request in relation to study or training

1 A qualifying employee may make an application under this section to his or her employer.

2 An application under this section (a “section 63D application”) is an application that meets—

a the conditions in subsections (3) to (5), and

b any further conditions specified by the Secretary of State in regulations.

3 The application must be made for the purpose of enabling the employee to undertake study or training (or both) within subsection (4).

4 Study or training is within this subsection if its purpose is to improve—

a the employee's effectiveness in the employer's business, and

b the performance of the employer's business.

5 The application must state that it is an application under this section.

6 An employee is a qualifying employee for the purposes of this section if the employee—

a satisfies any conditions about duration of employment specified by the Secretary of State in regulations, and

b is not a person within subsection (7).

7 The following persons are within this subsection—

a a person of compulsory school age (or, in Scotland, school age);

b a person to whom Part 1 of the Education and Skills Act 2008 (duty to participate in education or training for 16 and 17 year olds) applies;

c a person who, by virtue of section 29 of that Act, is treated as a person to whom that Part applies for the purposes specified in that section (extension for person reaching 18);

d a person to whom section 63A of this Act (right to time off for young person for study or training) applies;

e an agency worker;

f a person of a description specified by the Secretary of State in regulations.

8 Nothing in this Part prevents an employee and an employer from making any other arrangements in relation to study or training.

9 In this section—

“agency worker” means a worker supplied by a person (the “agent”) to do work for another person (the “principal”) under a contract or other arrangement between the agent and principal;
“compulsory school age” has the meaning given in section 8 of the Education Act 1996;
“school age” has the meaning given in section 31 of the Education (Scotland) Act 1980.

63E Section 63D application: supplementary

1 A section 63D application may—

a be made in relation to study or training of any description (subject to section 63D(3) and (4) and regulations under section 63D(2));

b relate to more than one description of study or training.

2 The study or training may (in particular) be study or training that (if undertaken)—

a would be undertaken on the employer's premises or elsewhere (including at the employee's home);

b would be undertaken by the employee while performing the duties of the employee's employment or separately;

c would be provided or supervised by the employer or by someone else;

d would be undertaken without supervision;

e would be undertaken within or outside the United Kingdom.

3 The study or training need not be intended to lead to the award of a qualification to the employee.

4 A section 63D application must—

a give the following details of the proposed study or training—

i its subject matter;

ii where and when it would take place;

iii who would provide or supervise it;

iv what qualification (if any) it would lead to;

b explain how the employee thinks the proposed study or training would improve—

i the employee's effectiveness in the employer's business, and

ii the performance of the employer's business;

c contain information of any other description specified by the Secretary of State in regulations.

5 The Secretary of State may make regulations about—

a the form of a section 63D application;

b when a section 63D application is to be taken to be received for the purposes of this Part.

63F Employer's duties in relation to application

1 Subsections (4) to (7) apply if—

a an employer receives a section 63D application (the “current application”) from an employee, and

b during the relevant 12 month period the employer has not received another section 63D application (an “earlier application”) from the employee.

2 The “relevant 12 month period” is the 12 month period ending with the day on which the employer receives the current application.

3 The Secretary of State may make regulations about circumstances in which, at an employee's request, an employer is to be required to ignore an earlier application for the purposes of subsection (1).

4 The employer must deal with the application in accordance with regulations made by the Secretary of State.

5 The employer may refuse a section 63D application only if the employer thinks that one or more of the permissible grounds for refusal applies in relation to the application.

6 The employer may refuse part of a section 63D application only if the employer thinks that one or more of the permissible grounds for refusal applies in relation to that part.

7 The permissible grounds for refusal are—

a that the proposed study or training to which the application, or the part in question, relates would not improve—

i the employee's effectiveness in the employer's business, or

ii the performance of the employer's business;

b the burden of additional costs;

c detrimental effect on ability to meet customer demand;

d inability to re-organise work among existing staff;

e inability to recruit additional staff;

f detrimental impact on quality;

g detrimental impact on performance;

h insufficiency of work during the periods the employee proposes to work;

i planned structural changes;

j any other grounds specified by the Secretary of State in regulations.

63G Regulations about dealing with applications

1 Regulations under section 63F(4) may, in particular, include provision—

a for the employee to have a right to be accompanied by a person of a specified description when attending meetings held in relation to a section 63D application in accordance with any such regulations;

b for the postponement of such a meeting if the employee's companion under paragraph (a) is not available to attend it;

c in relation to companions under paragraph (a), corresponding to section 10(6) and (7) of the Employment Relations Act 1999 (right to paid time off to act as companion, etc.);

d in relation to the rights under paragraphs (a) to (c), for rights to complain to an employment tribunal and not to be subjected to a detriment, and about unfair dismissal;

e for section 63D applications to be treated as withdrawn in specified circumstances.

2 In this section “specified” means specified in the regulations.

63H Employee's duties in relation to agreed study or training

1 This section applies if an employer has agreed to a section 63D application, or part of a section 63D application, made by an employee in relation to particular study or training (the “agreed study or training”).

2 The employee must inform the employer if the employee—

a fails to start the agreed study or training;

b fails to complete the agreed study or training;

c undertakes, or proposes to undertake, study or training that differs from the agreed study or training in any respect (including those specified in section 63E(4)(a)).

3 The Secretary of State may make regulations about the way in which the employee is to comply with the duty under subsection (2).

63I Complaints to employment tribunals

1 An employee who makes a section 63D application may present a complaint to an employment tribunal that—

a the employer has failed to comply with section 63F(4), (5) or (6), or

b the employer's decision to refuse the application, or part of it, is based on incorrect facts.

This is subject to the following provisions of this section.

2 No complaint under this section may be made in respect of a section 63D application which has been disposed of by agreement or withdrawn.

3 In the case of a section 63D application that has not been disposed of by agreement or withdrawn, a complaint under this section may only be made if the employer—

a notifies the employee of a decision to refuse the application (or part of it) on appeal, or

b commits a breach of regulations under section 63F(4), where the breach is of a description specified by the Secretary of State in regulations.

4 No complaint under this section may be made in respect of failure to comply with provision included in regulations under section 63F(4) because of—

a section 63G(1)(a) or (b), if provision is included in regulations under section 63F(4) by virtue of section 63G(1)(d), or

b section 63G(1)(c).

5 An employment tribunal may not consider a complaint under this section unless the complaint is presented—

a before the end of the period of three months beginning with the relevant date, or

b within any further period that the tribunal considers reasonable, if the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

6 The relevant date is—

a in the case of a complaint permitted by subsection (3)(a), the date on which the employee is notified of the decision on the appeal;

b in the case of a complaint permitted by subsection (3)(b), the date on which the breach was committed.

63J Remedies

1 If an employment tribunal finds a complaint under section 63I well-founded it must make a declaration to that effect and may—

a make an order for reconsideration of the section 63D application;

b make an award of compensation to be paid by the employer to the employee.

2 The amount of any compensation must be the amount the tribunal considers just and equitable in all the circumstances, but must not exceed the permitted maximum.

3 The permitted maximum is the number of weeks' pay specified by the Secretary of State in regulations.

4 If an employment tribunal makes an order under subsection (1)(a), section 63F and regulations under that section apply as if the application had been received on the date of the order (instead of on the date it was actually received).

63K Supplementary

Regulations under this Part may make different provision for different cases.

3 After section 47E (protection from suffering detriment in employment: flexible working) insert—

4 After section 104D (unfair dismissal: pension enrolment) insert—

5 Schedule 1 makes amendments to employment legislation relating to the provision made by this section.

Part 1A Apprenticeships , Technical Education Qualifications and other education and training: information sharing¶

England¶

40A Sharing of information by HMRC and the Secretary of State¶

1 HMRC may disclose information held by them to the Secretary of State for the purpose of the Secretary of State's functions in relation to English statutory apprenticeships.

2 The Secretary of State may disclose information to HMRC—

a for the purpose of requesting HMRC to disclose information under subsection (1), or

b for another purpose connected with the Secretary of State's functions in relation to English statutory apprenticeships.

3 In this section “English statutory apprenticeships” means—

a approved English apprenticeships within the meaning given in section A1;

b apprenticeships undertaken under apprenticeship agreements within the meaning given in section 32 that were entered into in connection with recognised English frameworks;

c apprenticeships in relation to which alternative English completion arrangements apply under section 1(5);

d apprenticeships undertaken under arrangements made in relation to England under section 2 of the Employment and Training Act 1973 that are identified by the person making them as arrangements for the provision of apprenticeships.

40AA Sharing of information by or with the Secretary of State ¶

1 The Secretary of State may disclose information to a relevant person for the purpose of a relevant function of that person.

^F3972 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 A relevant person may disclose information to the Secretary of State for the purpose of—

a a function of the Secretary of State under, or relating to, Chapter A1 of Part 1, or

b a relevant function of that person.

4 In this section “relevant person” means—

a Ofqual,

b the OfS,

c Ofsted, or

d a prescribed person.

5 In this section “relevant function” means—

a in relation to Ofqual, the OfS or Ofsted, a function of that body, so far as the function relates to England;

b in relation to a prescribed person, a prescribed function of that person, so far as the function relates to England.

6 In this section—

“Ofqual” means the Office of Qualifications and Examinations Regulation;
“OfS” means the Office for Students;
“Ofsted” means—
1. the Office for Standards in Education, Children's Services and Skills, and
2. Her Majesty's Chief Inspector of Education, Children's Services and Skills.

7 Regulations under this section prescribing functions of a person may prescribe all of the person's functions.

40AB Sharing of technical education information by or with Ofqual¶

1 Ofqual may disclose information to a relevant person for the purpose of a relevant function of—

a Ofqual, or

b the relevant person.

2 A relevant person may disclose information to Ofqual for the purpose of a relevant function of—

a Ofqual, or

b the relevant person.

3 In this section “relevant person” means—

^F400a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b the OfS;

c Ofsted;

d a prescribed person.

4 In this section “relevant function” means—

a in relation to ^F401... Ofqual, the OfS or Ofsted, a technical education function of that body so far as the function relates to England;

b in relation to a prescribed person, a prescribed technical education function of that person, so far as the function relates to England.

5 In this section—

“Ofqual”, the “OfS” and “Ofsted” have the same meanings as in section 40AA;
“technical education function” means a function that relates to technical education qualifications approved, or that may be approved, by the Secretary of State under section A2D3 or A2D5.

Wales, Scotland and Northern Ireland¶

40B Sharing of information by HMRC and devolved authorities¶

1 HMRC may disclose information held by them—

a to a Welsh authority for the purpose of the authority's functions in relation to Welsh apprenticeships;

b to a Scottish authority for the purpose of the authority's functions in relation to Scottish apprenticeships;

c to a Northern Irish authority for the purpose of the authority's functions in relation to Northern Irish apprenticeships.

2 An authority mentioned in paragraph (a), (b) or (c) of subsection (1) may disclose information to HMRC—

a for the purpose of requesting HMRC to disclose information to the authority under subsection (1), or

b for another purpose connected with the authority's functions mentioned in subsection (1).

3 In this section—

“Northern Irish apprenticeships” means apprenticeships undertaken under arrangements made under section 1 of the Employment and Training Act (Northern Ireland) 1950 that are identified by the person making them as arrangements for the provision of apprenticeships;
“Northern Irish authority” means—
1. a Northern Ireland department, and
2. any body or other person that is prescribed, or of a prescribed description;
“Scottish apprenticeships” means apprenticeships undertaken under arrangements made—
1. in relation to Scotland, under section 2 of the Employment and Training Act 1973, or
2. under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990,
that are identified by the person making them as arrangements for the provision of apprenticeships;
“Scottish authority” means—
1. the Scottish Ministers, and
2. any body or other person that is prescribed, or of a prescribed description;
“Welsh apprenticeships” means—
1. apprenticeships undertaken under apprenticeship agreements within the meaning given in section 32 that were entered into in connection with recognised Welsh frameworks;
2. apprenticeships in relation to which alternative Welsh completion arrangements apply under section 2(5);
3. apprenticeships undertaken under arrangements made in relation to Wales under—
  1. section 2 of the Employment and Training Act 1973, or
  2. section 17B of the Jobseekers Act 1995,
  that are identified by the person making them as arrangements for the provision of apprenticeships;
“Welsh authority” means—
1. the Welsh Ministers, and
2. any body or other person that is prescribed, or of a prescribed description.

4 In subsection (3)—

a the reference to a Northern Ireland department includes a reference to a person providing services to a Northern Ireland department;

b the reference to the Scottish Ministers includes a reference to a person providing services to the Scottish Ministers;

c the reference to the Welsh Ministers includes a reference to a person providing services to the Welsh Ministers.

5 Regulations under this section may amend the definition in subsection (3) of—

a “Northern Irish apprenticeships”,

b “Scottish apprenticeships”, or

c “Welsh apprenticeships”.

General¶

40C Wrongful disclosure¶

1 Information disclosed by HMRC under section 40A(1) or 40B(1) may not be disclosed by the recipient of the information to any other person without the consent of HMRC (except so far as permitted by section 40A(2) or 40B(2)).

2 If a person discloses, in contravention of subsection (1), any revenue and customs information relating to a person whose identity—

a is specified in the disclosure, or

b can be deduced from it,

section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.

40D Interpretation¶

1 In this Part—

“HMRC” means the Commissioners for Her Majesty's Revenue and Customs;
“revenue and customs information relating to a person” has the same meaning as in section 19 of the Commissioners for Revenue and Customs Act 2005 (see section 19(2) of that Act).

2 In this Part—

a references to HMRC include references to a person providing services to HMRC;

b references to the Secretary of State include references to a person providing services to the Secretary of State.

3 Nothing in this Part

a affects any power to disclose information that exists apart from this Part,

b authorises the disclosure of any information in contravention of any provision made by or under any Act which prevents disclosure of the information.

Part 2 Local authority functions¶

Education and training for persons over compulsory school age¶

^I14041 Education and training for persons over compulsory school age: general duty¶

Before section 15A of the Education Act 1996 (c. 56) insert—

15ZA Duty in respect of education and training for persons over compulsory school age: England

1 A local authority in England must secure that enough suitable education and training is provided to meet the reasonable needs of—

a persons in their area who are over compulsory school age but under 19, and

b persons in their area who are aged 19 or over but under 25 and are subject to learning difficulty assessment.

2 A local authority may comply with subsection (1) by securing the provision of education or training outside as well as within their area.

3 In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons' reasonable needs, a local authority must (in particular) have regard to—

a the persons' ages, abilities and aptitudes;

b any learning difficulties the persons may have;

c the quality of the education or training;

d the locations and times at which the education or training is provided.

4 In performing the duty imposed by subsection (1) a local authority must—

a act with a view to encouraging diversity in the education and training available to persons;

b act with a view to increasing opportunities for persons to exercise choice;

c act with a view to enabling persons to whom Part 1 of the Education and Skills Act 2008 applies to fulfil the duty imposed by section 2 of that Act;

d take account of education and training whose provision the authority think might reasonably be secured by other persons.

5 A local authority must, in—

a making any determination as to the provision of apprenticeship training that should be secured under subsection (1), or

b securing the provision of any apprenticeship training under that subsection,

co-operate with the Chief Executive of Skills Funding.

6 For the purposes of this section a person has a learning difficulty if—

a the person has a significantly greater difficulty in learning than the majority of persons of the same age, or

b the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions providing education or training for persons who are over compulsory school age.

7 But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.

8 In this section—

“apprenticeship training” means training provided in connection with—
1. an apprenticeship agreement (within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009),
2. any other contract of employment, or
3. any other kind of working in relation to which alternative English completion conditions apply under section 1(5) of that Act (meaning of “completing an English apprenticeship”);
“education” includes full-time and part-time education;
“training” includes—
1. full-time and part-time training;
2. vocational, social, physical and recreational training;
3. apprenticeship training.

9 The references in subsection (1) to—

a persons in a local authority's area who are over compulsory school age but under 19, and

b persons in a local authority's area who are aged 19 or over but under 25 and are subject to learning difficulty assessment,

do not include persons who are subject to a detention order.

15ZB Co-operation in performance of section 15ZA duty

Local authorities in England must co-operate with each other in performing their duties under section 15ZA(1).

^I14142 Encouragement of education and training for persons over compulsory school age¶

After section 15ZB of the Education Act 1996 (c. 56) (inserted by section 41) insert—

^I14243 Local authority directions: children over compulsory school age¶

1 Chapter 1 of Part 3 of the School Standards and Framework Act 1998 (c. 31) is amended as follows.

2 In section 84(6) (admissions code: interpretation) for the definition of “child” substitute—

3 After section 96(3) (direction to admit child to specified school) insert—

^I14344 Power to require provision of education by further education institution¶

1 Before section 52 of the Further and Higher Education Act 1992 (c. 13) insert—

51A Duty to provide for named individuals: England

1 This section applies to an institution in England within the further education sector which provides education suitable to the requirements of persons over compulsory school age but under the age of 19.

2 A local authority may by notice given to the governing body of such an institution—

a require them to provide specified individuals with such education falling within subsection (1) as is appropriate to the individuals' abilities and aptitudes;

b withdraw such a requirement.

3 A local authority may specify an individual in a notice under subsection (2) only if the individual—

a is in the authority's area, and

b is over compulsory school age but under the age of 19.

4 Before giving a notice under subsection (2) imposing a requirement on a governing body, a local authority must consult—

a the governing body, and

b such other persons as the authority think appropriate.

5 The governing body of an institution within subsection (1) must secure compliance with a requirement that has been imposed under subsection (2) and has not been withdrawn.

6 In deciding whether to require a particular institution to provide education to a particular individual under subsection (2) a local authority in England must have regard to any guidance given from time to time by the Secretary of State.

2 In section 52 of that Act—

a in subsection (1) after “institution” insert “ in Wales ”;

b in the title, at the end insert “ : Wales ”.

The core and additional entitlements¶

45 Duties in relation to the core and additional entitlements¶

After section 17 of the Education Act 1996 (c. 56) insert—

The core entitlement: England

17A Duties in relation to the core entitlement

1 A local authority in England must exercise their functions in such a way as to secure that the core entitlement is satisfied in relation to persons in their area who are over compulsory school age but under 19.

^F29 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F29 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F29 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F29 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 In exercising their functions as required by this section, a local authority in England must have regard to any guidance given from time to time by the Secretary of State.

7 In this section—

^F30...
^F30...
“ the core entitlement ” has the meaning given by section 17C.

^F31 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9 The reference in subsection (1) to persons in a local authority's area who are over compulsory school age but under 19 does not include persons who are subject to a detention order.

^F34 17B Entitlement to education and training for 16 to 18 year olds

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17C The core entitlement

A1 A person over compulsory school age but under 19 has the core entitlement.

1 The core entitlement is an entitlement to follow a course of study in each of the core subjects chosen by the person who has the entitlement (the “chosen core subjects”).

2 The core subjects are—

a mathematics;

b English;

c information and communication technology.

3 The core entitlement is satisfied in relation to a person if a course of study in each of the chosen core subjects is made available to the person at a school or institution.

4 A person's entitlement to follow a course of study in one of the chosen core subjects ceases if—

a a course of study in the subject is made available to the person, but

b the person does not begin the course of study before reaching the age of 19.

5 In this section “ course of study ” means a course of education or training leading to a qualification specified, or a qualification of a description specified, by the Secretary of State by order for the purposes of this subsection.

^F38 17D The additional entitlement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Boarding accommodation: persons subject to learning difficulty assessment¶

^I14446 Boarding accommodation: persons subject to learning difficulty assessment¶

After section 514 of the Education Act 1996 (c. 56) insert—

Work experience¶

^I14547 Work experience for persons over compulsory school age¶

After section 560 of the Education Act 1996 insert—

Persons detained in youth accommodation¶

^I28448 Provision of education for persons subject to youth detention¶

After section 18 of the Education Act 1996 insert—

18A Provision of education for persons subject to youth detention

1 A local authority must secure that—

a enough suitable education is provided to meet the reasonable needs of children subject to youth detention in their area;

b enough suitable education and training is provided to meet the reasonable needs of persons who are—

i over compulsory school age but under 19, and

ii subject to youth detention in their area.

2 In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons' reasonable needs, a local authority must (in particular) have regard to—

a the persons' ages, abilities and aptitudes;

b any special educational needs or learning difficulties (within the meaning of section 15ZA(6) and (7)) the persons may have;

c the desirability of enabling persons to complete programmes of study or training which they have begun;

d any relevant curriculum and the desirability that education received by persons subject to youth detention should be comparable with education which they could be expected to receive if they were attending a school or institution implementing a relevant curriculum;

e the desirability of the core entitlement ^F39... being satisfied in relation to persons over compulsory school age but under 19 ^F39....

3 In subsection (2)(d), “relevant curriculum” means—

a in relation to a local authority in England, the National Curriculum for England established under section 87 of the Education Act 2002 as subsisting for the time being;

b in relation to a local authority in Wales—

i the National Curriculum for Wales established under section 108 of that Act as subsisting for the time being, or

ii any local curriculum formed by the authority under section 116A of the Education Act 2002 (formation of local curricula for pupils in Key Stage 4) or for their area under section 33A of the Learning and Skills Act 2000 (formation of local curricula for students aged 16 to 18).

4 Section 17C (the core entitlement) applies for the purposes of subsection (2)(e).

5 Any arrangements made by a local authority under subsection (1) for the provision by another person (the “learning provider”) of education or training must require the learning provider, in making any determination as to the education or training to be provided for a particular person (“P”), to have regard to any information within subsection (6).

6 The information within this subsection is—

a information provided under section 562F by a local authority as to the level of P's literacy and numeracy skills;

b any other information provided under section 562F by P's home authority (within the meaning of Chapter 5A of Part 10) for the purpose of assisting a determination such as is mentioned in subsection (5).

7 In performing the duty imposed by subsection (1), a local authority must have regard to any guidance issued—

a in the case of a local authority in England, by the Secretary of State;

b in the case of a local authority in Wales, by the Welsh Ministers.

8 For the purposes of subsection (1), a person is subject to youth detention in the area of a local authority if—

a subject to a detention order, and

b detained in relevant youth accommodation in the area of the authority.

^I285^I31449 Persons detained in youth accommodation: application of provisions¶

1 Section 562 of the Education Act 1996 (c. 56) (Act not to apply to persons detained under order of a court) is amended as follows.

2 In subsection (1)—

a for “detained in pursuance of an order made by a court or of an order of recall made by the Secretary of State” substitute “ subject to a detention order and is detained in accommodation that is not relevant youth accommodation ”, and

b for “a person who is detained in pursuance of such an order” substitute “ such a person ”.

3 After that subsection insert—

4 In subsection (2), for “subsection (1)” substitute “ this section ”.

5 After that subsection add—

6 In the title, after “apply to” insert “ certain ”.

^I286^I31550 Persons detained in youth accommodation: further provision¶

After section 562 of the Education Act 1996 (c. 56) insert—

Chapter 5A Persons detained in youth accommodation Provisions applying to detained persons

562A Application of Act to detained persons

1 In its application in relation to detained persons, this Act has effect subject to modifications prescribed by regulations made by the appropriate national authority.

2 The power conferred by subsection (1) may not be exercised to modify the application of a provision of this Act if—

a the provision makes special provision in relation to detained persons, or a description of detained persons,

b the application of the provision in relation to detained persons, or a description of detained persons, is excluded by provision made by this Act, or

c the provision has effect in relation to detained persons, or a description of detained persons, subject to modifications made by this Act.

3 References in this Chapter to a detained person are to a child or young person who is—

a subject to a detention order, and

b detained in relevant youth accommodation;

and, in provisions applying on a person's release, also include references to a person who, immediately before release, was a detained person.

562B Duty to take steps to promote fulfilment of potential

1 Subsection (2) applies in relation to a detained person who is not a looked after child.

2 The home authority must—

a during the period of detention in relevant youth accommodation, and

b on the person's release from detention in relevant youth accommodation,

take such steps as they consider appropriate to promote the person's fulfilment of his or her learning potential.

3 Those steps must include, where it appears to the home authority appropriate for them to do so, making arrangements for the provision, on the person's release from detention—

a of education, or

b in the case of a person who is over compulsory school age, of education or training.

4 Where the host authority make any determination as to the education or training to be provided for a detained person, the authority must have regard to—

a any information provided under section 562F by a local authority as to the level of the person's literacy and numeracy skills;

b any other information provided by the home authority under section 562F for the purpose of assisting any such determination.

562C Detained persons with special educational needs

1 This section applies where, immediately before the beginning of the detention, a local authority were maintaining a statement under section 324 for a detained person.

2 The authority must keep the statement while the person is detained in relevant youth accommodation.

3 The host authority must use best endeavours to secure that appropriate special educational provision is made for the detained person while the person is detained in relevant youth accommodation.

4 For the purposes of subsection (3), appropriate special educational provision is—

a the special educational provision that, immediately before the beginning of the detention, was specified in the statement,

b educational provision corresponding as closely as practicable to the special educational provision so specified, or

c if it appears to the host authority that the special educational provision so specified is no longer appropriate for the person, such special educational provision as reasonably appears to the host authority to be appropriate for the person.

562D Appropriate special educational provision: arrangements between local authorities

1 This section applies where special educational provision is secured for a person in circumstances where section 562C applies.

2 A local authority may supply goods and services to—

a the host authority, or

b any other person making the special educational provision in question.

3 Goods and services may be supplied under subsection (2) only for the purpose of assisting the making or securing of that special educational provision.

562E Literacy and numeracy assessments

1 This section applies in relation to a detained person who is detained in particular relevant youth accommodation.

2 The host authority must arrange for the level of the detained person's literacy and numeracy skills to be assessed as soon as reasonably practicable after the beginning of the period during which the person is detained in that accommodation.

3 Subsection (2) does not apply if the authority are satisfied that they have evidence of the current level of the person's literacy and numeracy skills.

4 The “current level” of a detained person's literacy and numeracy skills is the level of those skills at the beginning of the period during which the person is detained in the relevant youth accommodation in question.

Provision of information relating to detained persons

562F Provision of information about detained persons

1 Any person who has provided education or training for a detained person (whether before or during the period of detention) may provide information relating to the detained person to—

a the home authority, or

b the host authority,

for the purposes of, or in connection with, the provision of education or training for the detained person.

2 A local authority must, on a request under subsection (3), as soon as practicable provide to the person making the request such information that they hold relating to a detained person as is requested.

3 A request is made under this subsection if it—

a is made by a person within subsection (4), and

b asks only for information which the person requires for the purposes of, or in connection with, the provision of education or training for the detained person (including education or training to be provided after the detained person's release from detention).

4 Those persons are—

a any other local authority;

b a youth offending team established under section 39 of the Crime and Disorder Act 1998;

c the person in charge of any place at which the detained person is detained or is expected to be detained;

d any person providing or proposing to provide education or training for the detained person.

5 The Welsh Ministers must, on a request by the home authority or the host authority, provide a copy of any relevant assessment report for the purposes of the exercise of any function of that authority under section 18A or this Chapter.

6 In subsection (5), “relevant assessment report” means a report of an assessment of a detained person conducted (whether before or during the period of detention)—

a under section 140 of the Learning and Skills Act 2000, and

b by virtue of arrangements made by the Welsh Ministers.

7 Subsection (8) applies in relation to a detained person if it appears to the host authority that the person is to be released from detention in relevant youth accommodation.

8 The host authority must provide to the home authority any information they hold which—

a relates to the detained person, and

b may be relevant for the purposes of, or in connection with, the provision of education or training for the detained person after the release.

9 The information required to be provided under subsection (8) must be provided at such time as the host authority think reasonable for the purpose of enabling education or training to be provided for the detained person after the release.

10 Nothing in subsections (7) to (9) requires the host authority to provide to the home authority information which it appears to the host authority that the home authority already have.

11 In this section any reference to the host authority, in relation to a detained person, includes a reference to any local authority in whose area the person is expected to be detained.

562G Information to be provided where statement of special educational needs previously maintained

1 This section applies in relation to a detained person if, immediately before the beginning of the detention, a local authority were maintaining a statement under section 324 for the person.

2 Subsections (3) and (4) apply where the home authority become aware (whether by notice under section 39A(2) of the Crime and Disorder Act 1998 (detention of child or young person: local authorities to be notified) or otherwise)—

a that the person—

i has become subject to a detention order, and

ii is detained in relevant youth accommodation, or

b that the person has been transferred from one place of accommodation to another place of accommodation which is relevant youth accommodation.

3 If, immediately before the beginning of the detention, the home authority were maintaining the statement, they must send a copy of the statement to the host authority.

4 If the home authority are or become aware that, immediately before the beginning of the detention, another local authority were maintaining a statement for the person under section 324, they must notify the host authority—

a of that fact, and

b of the identity of that other local authority.

5 The local authority who, immediately before the beginning of the detention, were maintaining the statement must, on a request by the host authority, send a copy of the statement to the host authority.

6 Subsections (7) and (8) apply where the person is released from detention in relevant youth accommodation.

7 The host authority must notify the following of the person's release—

a the home authority, and

b if different, the authority who, immediately before the beginning of the detention, were maintaining the statement under section 324.

8 If the home authority are not the authority who, immediately before the beginning of the detention, were maintaining the statement, the host authority must also notify the home authority—

a of the fact that immediately before the beginning of the detention a statement was being maintained for the person by a local authority under section 324, and

b of the identity of that authority.

9 Nothing in this section requires any local authority to notify another authority of any matter of which the other authority are already aware, or to send a copy of any statement to another authority who already have a copy of it.

562H Release of detained person appearing to host authority to require assessment

1 This section applies in relation to the release from detention in relevant youth accommodation of a detained person in relation to whom section 562G does not apply.

2 Subsection (3) applies where it appears to the host authority that the detained person will, on release, be a child within the meaning of Part 4.

3 If the host authority are of the opinion that the person has, or may have, special educational needs, they must, on the person's release, notify the home authority of their opinion.

4 Subsections (5) and (6) apply where, on release, the detained person—

a will be over compulsory school age, or

b will cease to be of compulsory school age within one year.

5 If—

a the host authority are of the opinion that the person has, or may have, a learning difficulty (within the meaning of section 15ZA (6) and (7)), and

b the home authority are a local authority in England,

the host authority must, on the person's release, notify the home authority of their opinion.

6 If—

a the host authority are of the opinion that the person has, or may have, a learning difficulty (within the meaning of section 41 of the Learning and Skills Act 2000 (assessments relating to learning difficulties: Wales)) and

b the home authority are a local authority in Wales,

the host authority must, on the person's release, notify the Welsh Ministers of their opinion.

Supplementary

562I Guidance

In performing their functions under this Chapter a local authority must have regard to any guidance issued by the appropriate national authority.

562J Interpretation of Chapter

1 In this Chapter—

“the appropriate national authority” means—
1. in relation to England, the Secretary of State;
2. in relation to Wales, the Welsh Ministers;
“beginning of the detention”, in relation to a person detained in relevant youth accommodation, means—
1. the beginning of the period of detention in such accommodation, or
2. where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period;
“detained person” has the meaning given by section 562A(3);
“the home authority”—
1. in relation to a child or young person who immediately before the beginning of the detention was, or at any time since then has been, a looked after child, means the local authority who are ^F1... looking after, or who have most recently been looking after, the person;
2. in relation to any other child or young person, means the local authority in whose area the person is ordinarily resident;
“the host authority”, in relation to a child or young person detained in relevant youth accommodation, means the local authority in whose area the child or young person is detained;
“looked after child” means a person who, for the purposes of the Children Act 1989 is a child looked after by a local authority; and references to the local authority looking after the person are to be read accordingly;
“young person” includes a person aged 18.

2 For the purposes of the definition of “beginning of the detention” in subsection (1), it is immaterial whether or not a period of detention is pursuant to a single order.

3 In determining for the purpose of subsection (1) where a child or young person is ordinarily resident, any period when the person is subject to a detention order is to be disregarded.

4 Regulations made by the appropriate national authority may make further provision for determining where a person is ordinarily resident for the purpose of that subsection.

^I287^I31651 Detention of child or young person: local authorities to be notified¶

After section 39 of the Crime and Disorder Act 1998 (c. 37) insert—

39A Detention of child or young person: local authorities to be notified

1 Subsection (2) applies where a youth offending team becomes aware that—

a a child or young person has become subject to a detention order and is detained in relevant youth accommodation, or

b a child or young person who is subject to a detention order has been transferred from one place of accommodation to another which is relevant youth accommodation.

2 The youth offending team must as soon as practicable notify—

a the home local authority, and

b the host local authority,

of the place where the child or young person is detained.

3 Subsection (4) applies where a youth offending team becomes aware that a person has been released having immediately before release been—

a subject to a detention order, and

b detained in relevant youth accommodation.

4 The youth offending team must as soon as practicable notify the following authorities of the release—

a the home local authority;

b the host local authority;

c any other local authority in whose area the youth offending team expects the person to live on release.

5 Nothing in this section requires a youth offending team to notify a local authority of any matter of which the authority is already aware.

6 In this section—

“home local authority”, in relation to a child or young person, means the local authority which is the home authority in relation to that person within the meaning of Chapter 5A of Part 10 of the Education Act 1996 (persons detained in youth accommodation);
“host local authority”, in relation to a child or young person who is detained in relevant youth accommodation, means the local authority for the area in which that person is detained;
“local authority” has the meaning given by section 579(1) of the Education Act 1996;
“young person” includes a person who is aged 18;

and references in this section to a person subject to a detention order and to relevant youth accommodation have the same meanings as they have in the Education Act 1996 (see section 562(1A) of that Act).

^I288^I31752 Release from detention of child or young person with special educational needs¶

1 The Education Act 1996 (c. 56) is amended as follows.

2 After section 312 insert—

312A Children subject to detention

1 No provision of, or made under, this Part applies in relation to a child who is subject to a detention order and detained in relevant youth accommodation.

2 The following provisions of this section apply where a child who has been subject to a detention order is released having, immediately before release, been detained in relevant youth accommodation.

3 Subject to subsection (6), a statement which was maintained for the child by a local authority under section 324 immediately before the beginning of the detention is, from the child's release, to be treated as being maintained by that authority under section 324.

4 In subsection (3) “the beginning of the detention” means—

a the beginning of the period of detention in relevant youth accommodation, or

b where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period.

5 For the purposes of subsection (4), it is immaterial whether or not a period of detention is pursuant to a single order.

6 Where, on the child's release, a local authority (“the new authority”) other than the authority mentioned in subsection (3) (“the old authority”) becomes responsible for the child for the purposes of this Part—

a the old authority must transfer the statement to the new authority, and

b from the child's release, the statement is to be treated as being maintained by the new authority under section 324.

3 In section 328(5) (reviews of educational needs), at the end of paragraph (a) (but before “and”) insert—

Transport in England¶

^I14653 Provision of transport etc for persons of sixth form age: duty to have regard to section 15ZA duty¶

In section 509AB(3) of the Education Act 1996 (c. 56) (provision of transport etc for persons of sixth form age in England: matters to which local authorities must have regard) after paragraph (b) insert—

^I14754 Transport policy statements for persons of sixth form age: consultation¶

In section 509AB(6) of the Education Act 1996 (people to be consulted when preparing transport policy statements for persons of sixth form age in England), in paragraph (c), before “and” insert—

^I255 Transport policy statements for persons of sixth form age: content and publication¶

1 In section 509AB of the Education Act 1996 (provision about transport policy statements for persons of sixth form age in England), after subsection (7) insert—

2 In section 509AA(10) of that Act (time by which transport policy statements for persons of sixth form age in England must be published) for “by substituting a different date for 31st May” substitute “ to change the time by which the statement must be published ”.

^I356 Complaints about transport arrangements etc for persons of sixth form age¶

1 The Education Act 1996 is amended as follows.

2 After section 509AD (local authorities in England: duty to have regard to religion or belief in exercise of travel functions) insert—

509AE Complaints about transport arrangements etc for persons of sixth form age in England

1 A local authority may revise a statement prepared under section 509AA to change the arrangements specified under subsection (2) or (3) of that section if, as a result of a sixth form transport complaint, they have come to consider the change necessary for the purpose of the arrangements specified under the subsection in question.

2 A local authority must revise a statement prepared under section 509AA to change the arrangements specified under subsection (2) or (3) of that section if, as a result of a sixth form transport complaint, the Secretary of State has directed them to do so.

3 An authority that revise a statement under subsection (1) or (2) must publish the revised statement and a description of the revision as soon as practicable.

4 The Secretary of State need not consider whether to exercise any power under sections 496 to 497A (powers to prevent unreasonable exercise of functions, etc), section 509AA(9) (power to require local authority to make additional transport arrangements), or subsection (2) of this section in response to a matter that is, or could have been, the subject of a sixth form transport complaint made to him or her unless satisfied that—

a the matter has been brought to the notice of the local authority concerned, and

b the authority have had a reasonable opportunity to investigate the matter and respond.

5 In this section “sixth form transport complaint” means a complaint that is—

a about a local authority's exercise of, or failure to exercise, a function under sections 509AA to 509AD in relation to persons of sixth form age, and

b made by a person who is, or will be, a person of sixth form age when the matter complained of has effect, or by a parent of such a person,

and “sixth form age” is to be construed in accordance with section 509AC(1).

6 For the purposes of sections 509AA(8) and (9), 509AB(1) to (5), 509AC and 509AD, the revision of a statement under this section is to be treated as the preparation of a statement under section 509AA.

7 Where a local authority have published in a single document a statement prepared under section 508G and a statement prepared under 509AA, the requirement to publish a revised statement under subsection (3) is to be treated as a requirement to publish a version of the document that includes the revised statement.

3 In section 509AA (provision of transport etc for persons of sixth form age), at the end insert—

^I14857 Local authorities in England: provision of transport etc for adult learners¶

1 The Education Act 1996 (c. 56) is amended as follows.

2 After section 508E (Local authorities in England: school travel schemes) insert—

508F Local authorities in England: provision of transport etc for adult learners

1 A local authority in England must make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purposes mentioned in subsections (2) and (3).

2 The first purpose is to facilitate the attendance of adults receiving education at institutions—

a maintained or assisted by the authority and providing further or higher education (or both), or

b within the further education sector.

3 The second purpose is to facilitate the attendance of relevant young adults receiving education or training at institutions outside both the further and higher education sectors, but only in cases where the local authority have secured for the adults in question—

a the provision of education or training at the institution in question, and

b the provision of boarding accommodation under section 514A.

4 Any transport provided under subsection (1) must be provided free of charge.

5 In considering what arrangements it is necessary to make under subsection (1) in relation to relevant young adults, a local authority must have regard to what they are required to do under section 15ZA(1) in relation to those persons.

6 In considering whether they are required by subsection (1) to make arrangements in relation to a particular adult, a local authority must have regard (among other things) to the age of the adult and the nature of the route, or alternative routes, which the adult could reasonably be expected to take.

7 Arrangements made under subsection (1) by virtue of subsection (3) to facilitate full-time education or training at an institution outside both the further and higher education sectors must be no less favourable than the arrangements made for relevant young adults of the same age for whom the authority secure the provision of education at another institution.

8 A local authority in England may pay all or part of the reasonable travelling expenses of an adult—

a receiving education or training at an institution mentioned in subsection (2) or (3), and

b for whose transport no arrangements are made under subsection (1).

9 In this section—

“adult” means a person who is neither a child nor a person of sixth form age,
“sixth form age” is to be construed in accordance with section 509AC(1), and
“relevant young adult” means an adult who is aged under 25 and is subject to learning difficulty assessment.

508G Local authorities in England: transport policy statements etc for young adults subject to learning difficulty assessment

1 A local authority in England making arrangements, or proposing to pay travelling expenses, under section 508F in relation to relevant young adults must consult—

a any other local authority that they consider it appropriate to consult,

b governing bodies of institutions within the further education sector in the authority's area,

c persons in the local authority's area who will be relevant young adults when the arrangements or payments have effect, and their parents,

d the Secretary of State, and

e any other person specified by the Secretary of State.

2 The authority must prepare for each academic year a transport policy statement complying with the following requirements.

3 The statement must specify any transport or other arrangements, and any payment of travelling expenses, made or to be made in relation to the year under section 508F in relation to relevant young adults.

4 The statement must also specify any travel concessions (within the meaning of Part 5 of the Transport Act 1985) which are to be provided under any scheme established under section 93 of that Act to relevant young adults receiving education or training at an institution mentioned in subsection (2) or (3) of section 508F.

5 The authority must publish the statement by the end of May in the year in which the relevant academic year begins.

6 In preparing and publishing the statement, the authority must have regard (among other things) to the need to—

a include in the statement sufficient information about the matters that the statement must specify, and

b publish the statement in time,

to enable relevant young adults and their parents to take reasonable account of those matters when choosing between different institutions at which education or training is provided.

7 The publication of a statement under this section in relation to an academic year does not prevent an authority from—

a making additional arrangements or payments under section 508F in relation to the academic year, or

b providing additional travel concessions in relation to the academic year.

8 The Secretary of State may amend subsection (5) by order to change the time by which the statement must be published.

9 In this section—

“academic year” has the meaning given in section 509AC,
“governing body” has the meaning given in section 509AC, and
“relevant young adult” has the meaning given in section 508F.

508H Guidance: sections 508F and 508G

In making arrangements under section 508F(1) and preparing and publishing a statement under section 508G, a local authority must have regard to any guidance issued by the Secretary of State under this section.

508I Complaints about transport arrangements etc for young adults subject to learning difficulty assessment: England

1 A local authority may revise a statement prepared under section 508G to change any matter specified under subsection (3) of that section if, as a result of a relevant young adult transport complaint, they have come to consider the change necessary for a purpose mentioned in section 508F(2) or (3).

2 A local authority must revise a statement prepared under section 508G to change any matter specified in subsection (3) of that section if, as a result of a relevant young adult transport complaint, the Secretary of State has directed them to do so.

3 An authority that revise a statement under subsection (1) or (2) must publish the revised statement and a description of the revision as soon as practicable.

4 The Secretary of State need not consider whether to exercise any power under sections 496 to 497A (powers to prevent unreasonable exercise of functions, etc) or subsection (2) of this section in response to a matter that is, or could have been, the subject of a relevant young adult transport complaint made to him or her unless satisfied that—

a the matter has been brought to the notice of the local authority concerned, and

b the authority have had a reasonable opportunity to investigate the matter and respond.

5 In this section “relevant young adult transport complaint” means a complaint that is—

a about a local authority's exercise of, or failure to exercise, a function under section 508F or 508G in relation to relevant young adults, and

b made by a person who is, or will be, a relevant young adult when the matter complained of has effect, or by a parent of such a person,

and “relevant young adult” has the meaning given in section 508F.

6 For the purposes of sections 508G(7) and 508H, the revision of a statement under this section is to be treated as the preparation of a statement under section 508G.

7 Where a local authority have published in a single document a statement prepared under section 509AA and a statement prepared under 508G, the requirement to publish a revised statement under subsection (3) is to be treated as a requirement to publish a version of the document that includes the revised statement.

3 In section 509AD(2) (Local authorities in England: duty to have regard to religion or belief in exercise of travel functions) for the entry relating to section 508F substitute—

4 Section 509 (provision of transport etc) ceases to have effect.

5 Section 81 of the Education and Inspections Act 2006 (c. 40) (Local authorities in England: provision of transport etc for certain adult learners) ceases to have effect.

Powers in respect of non-maintained schools¶

58 Power of local authorities to arrange provision of education at non-maintained schools¶

1 The following provisions cease to have effect—

a section 128 of the School Standards and Framework Act 1998 (c. 31), and

b paragraph 64 of Schedule 30 to that Act.

2 Accordingly, sections 16 and 18 of the Education Act 1996 (c. 56) (powers of local authorities to assist, and arrange provision of education at, non-maintained schools) continue to have effect as if the provisions mentioned in subsection (1) had never been enacted.

General¶

^I4^I149^I28959 Minor and consequential amendments¶

Schedule 2 contains minor and consequential amendments relating to the provision made by this Part.

Part 3 The Young People's Learning Agency for England¶

Chapter 1 Establishment¶

^F10260 The Young People's Learning Agency for England¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 2 Main functions¶

Funding¶

^F10261 Provision of financial resources¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10262 Financial resources: conditions¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10263 ¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10264 Means tests¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10265 Prohibition on charging¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Securing provision of education and training¶

^F10266 Securing provision of education and training¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10267 Intervention for purpose of securing provision of education and training¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of services and assistance¶

^F10268 Provision of services¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10269 Assistance with respect to employment and training¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10270 Assistance with respect to employment and training: Northern Ireland¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous¶

^F10271 Research, information and advice¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10271A Assistance etc. in relation to functions of the principal regulator¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10272 Guidance by YPLA¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10273 Intervention powers: policy statement¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10274 Power to confer supplementary functions on YPLA¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 3 YPLA's functions: supplementary¶

^F10275 Directions by Secretary of State¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10276 Guidance by Secretary of State¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 4 Academy agency arrangements¶

^F10277 Academy agency arrangements¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10278 Grants for purposes of Academy agency arrangements functions¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10279 Academy agency arrangements: information sharing¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 5 General¶

^F10280 Interpretation of Part¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4 Apprenticeships and adult education and training: role of Secretary of State¶

Chapter 1 Apprenticeships and adult education and training¶

^F170...¶

^F17081 The Chief Executive of Skills Funding¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F169...¶

^F16982 Apprenticeship functions¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Apprenticeship training for persons aged 16 to 18 and certain young adults¶

^I15083 Power to secure provision of apprenticeship training¶

1 The Secretary of State may secure the provision of facilities for suitable apprenticeship training for persons—

a who are over compulsory school age but under 19, or

b who are aged 19 or over but under 25 and for whom an EHC plan is maintained .

2 In deciding for the purposes of subsection (1) whether apprenticeship training is suitable for persons for whom facilities are provided, the Secretary of State must have regard (in particular) to—

a the persons' ages, abilities and aptitudes,

b any special educational needs the persons may have,

c the quality of the training,

d the locations and times at which the training is provided.

3 In exercising the power conferred by subsection (1), the Secretary of State must have regard (in particular) to the desirability of—

a encouraging diversity of apprenticeship training available to persons;

b increasing opportunities for persons to exercise choice;

c enabling persons to whom Part 1 of the Education and Skills Act 2008 (c. 25) applies to fulfil the duty imposed by section 2 of that Act (duty to participate in education or training).

^F1364 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 In this Part “apprenticeship training” means training provided in connection with—

a an approved English apprenticeship, or

b any contract of service (other than an approved English apprenticeship agreement) or contract of apprenticeship.

83A The apprenticeship offer¶

1 The Secretary of State must secure the provision of proper facilities for apprenticeship training that is suitable to the requirements of persons who—

a are within subsection (4), (5) or (6), and

b have an apprenticeship opportunity.

This is subject to section 83B (limit on scope of apprenticeship offer).

2 The duty imposed by subsection (1) is referred to in this section and section 83B as “the apprenticeship offer”.

3 An apprenticeship opportunity is an opportunity to enter into an approved English apprenticeship.

4 A person within this subsection is one who is over compulsory school age but under 19.

5 A person within this subsection is one who is not within subsection (4) and—

a is a person aged under 25 towards whom a local authority in England has the duties provided for in section 23C or 23CZB of the Children Act 1989 (continuing functions in relation to certain formerly looked after children), or

b is a person to whom section 23CA of that Act applies (further assistance for certain formerly looked after children aged under 25), in relation to whom a local authority in England is the responsible local authority (within the meaning of that section).

6 A person within this subsection is one who—

a is not within subsection (4), and

b is of a prescribed description.

7 If regulations under subsection (6)(b) describe a person by reference to an age or an age range, the age, or the upper age of the age range, must be less than 25.

8 Facilities are proper if they are—

a of a quantity sufficient to meet the reasonable needs of individuals, and

b of a quality adequate to meet those needs.

9 Section 83(2) and (3) (when apprenticeship training is suitable, and matters to which Secretary of State must have regard) apply for the purposes of the apprenticeship offer.

^F19210 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F18911 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12 The Secretary of State may by order amend this section for the purpose of changing the descriptions of persons to whom the apprenticeship offer applies.

83B Limit on scope of the apprenticeship offer¶

1 The Secretary of State is not required by the apprenticeship offer to secure the provision of facilities for apprenticeship training for the purpose of assisting a person to achieve a particular approved apprenticeship standard if the person—

a has already completed an approved English apprenticeship by achieving that standard,

b has already completed an approved English apprenticeship by achieving another standard and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work), or

c has worked under another arrangement and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work).

1A Section A1(6) and (7) (which make provision about when a person completes an approved English apprenticeship and about the meaning of “approved apprenticeship standard”) apply for the purposes of subsection (1).

^F1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1963 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1964 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1965 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F19784 Arrangements and co-operation with local authorities¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F19885 Provision of apprenticeship training etc for persons within section 83 or 83A ¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education and training for persons aged 19 or over etc.¶

^I151^C56^C20^C68^C15^C32^C27^C39^C63^C8^C3^C51^C44^C75^C82^C88^C87^C99^C100^C115^C111^C136^C137^C135^C162^C161^C160^C182^C183^C18486 Education and training for persons aged 19 or over and others subject to adult detention¶

1 The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate for—

a education suitable to the requirements of persons who are aged 19 or over, other than persons aged under 25 for whom an EHC plan is maintained,

b education suitable to the requirements of persons who are subject to adult detention, and

c training suitable to the requirements of persons within paragraphs (a) and (b).

a education suitable to the requirements of persons who are aged 19 or over, other than persons aged under 25 for whom an EHC plan is maintained, and

b training, other than apprenticeship training, suitable to the requirements of such persons.

1B Subsection (1) does not apply to the provision of facilities to the extent that subsection (1A) applies to the provision of those facilities.

2 This section does not apply to the provision of facilities to the extent that section 83A or 87 applies to the provision of those facilities.

^F2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 For the purposes of this section a reference to the provision of facilities for education or training (except so far as relating to facilities for persons subject to adult detention) includes a reference to the provision of facilities for organised leisure-time occupation in connection with education or (as the case may be) training.

6 For the purposes of this section—

“education” includes full-time and part-time education;
“relevant area” means—
1. in relation to the Mayor of London, Greater London;
2. in relation to a combined authority or CCA, its area;
3. in relation to a district council or county council that is a strategic authority, the council’s area;
“training” includes—
1. full-time and part-time training;
2. vocational, social, physical and recreational training;
3. apprenticeship training.

7 In this Part, “organised leisure-time occupation” means leisure-time occupation, in such organised cultural training and recreational activities as are suited to the requirements of persons who fall within subsection (1)(a) or (b) or (1A)(a), for any such persons who are able and willing to profit by facilities provided for that purpose.

^F1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I152^C64^C56^C20^C16^C4^C40^C68^C32^C28^C8^C52^C44^C75^C83^C89^C87^C99^C101^C111^C114^C132^C133^C134^C158^C157^C159^C182^C183^C18487 Learning aims for persons aged 19 or over: provision of facilities¶

1 The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate for relevant education or training for persons falling within subsection (3) which is suitable to their requirements.

1A The Mayor of London, each combined authority and CCA, and each district council or county council that is a strategic authority, must secure the provision in relation to the relevant area of such facilities as it considers appropriate for relevant education or training for persons falling within subsection (3) which is suitable to their requirements.

1B Subsection (1) does not apply to the provision of facilities to the extent that subsection (1A) applies to the provision of those facilities.

2 Relevant education or training is education or vocational training provided by means of a course of study for a qualification to which paragraph 1 of Schedule 5 applies.

3 The persons falling within this subsection are persons who—

a are aged 19 or over, and are not persons aged under 25 for whom an EHC plan is maintained,

b do not have the qualification in question or one (including one awarded by a person outside England) which appears to the person, authority or council exercising the function under subsection (1) or (1A) to be at a comparable or higher level, and

c satisfy such conditions as may be specified in regulations.

^F2044 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2055 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 For the purposes of this section—

“education” includes full-time and part-time education;
“relevant area” means—
1. in relation to the Mayor of London, Greater London;
2. in relation to a combined authority or CCA, its area;
3. in relation to a district council or county council that is a strategic authority, the council’s area;
“training” includes full-time and part-time training.

^I153^C56^C20^C68^C32^C41^C65^C17^C5^C53^C8^C29^C44^C84^C75^C90^C87^C99^C102^C111^C113^C130^C131^C129^C155^C156^C181^C182^C183^C18488 Learning aims for persons aged 19 or over: payment of tuition fees¶

1 Functions under this Part must be exercised by the relevant authority so as to secure that a course of study for a qualification to which paragraph 1(a), (b) or (ba) of Schedule 5 applies is free to a person falling within subsection (2) if it is provided for the person by virtue of facilities whose provision is secured under section 87.

2 A person falls within this subsection if, at the time of starting the course in question, the person—

a is aged 19 or over,

b does not have the qualification in question or one (including one awarded by a person outside England) which appears to the person, authority or council exercising the function under this Part to be at a comparable or higher level, and

c satisfies such conditions as may be specified in regulations.

2A Functions under this Part must be exercised by the relevant authority so as to secure that a course of study for a qualification to which paragraph 1(c) of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 87.

3 Functions under this Part must be exercised by the relevant authority so as to secure that a course of study for a qualification to which paragraph 2 of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 86.

4 A person falls within this subsection if, at the time of starting the course in question, the person—

a is aged at least 19 but less than 24 ,

b does not have the qualification in question or one (including one awarded by a person outside England) which appears to the relevant authority securing the provision of the facilities under section 86 to be at a comparable or higher level, and

c satisfies such conditions as may be specified in regulations.

5 The Secretary of State may by order—

a amend subsection (2)(a) by substituting a different age for the age for the time being referred to;

b amend subsection (4)(a) by substituting a different age for either of the ages for the time being referred to.

6 For the purposes of this section, a course is free to a person if no tuition fees in respect of the provision of the course for the person are payable by a person other than—

a the relevant authority, or

b a body specified by order by the Secretary of State for the purposes of this section.

7 In subsection (6) “tuition fees”, in relation to a course, means—

a the fees charged in respect of the course by the person providing it, and

b such fees in respect of other matters relating to the course (such as undergoing a preliminary assessment or sitting an examination) as may be specified in regulations.

8 In this section “relevant authority” means—

a the Secretary of State,

b the Mayor of London,

c a combined authority or CCA, or

d a district council or county council that is a strategic authority.

^I15489 Sections 87 and 88: supplementary¶

1 Regulations may make provision as to circumstances in which—

a despite having a specified qualification, a person is to be treated for the purposes of section 87 or 88 as not having that qualification;

b despite not having a specified qualification, a person is to be treated for any of those purposes as having that qualification.

2 A condition specified in regulations under section 87 or 88 may, in particular, relate to—

a the possession, or lack, of a specified qualification;

b the completion of, or failure to complete, a course for a specified qualification.

3 A reference in subsection (1) or (2) to a specified qualification is to a qualification specified, or of a description specified, in the regulations.

4 Regulations under this section, or under section 87 or 88, may confer a function (which may relate to the administration of an assessment and may include the exercise of a discretion) on a person specified, or of a description specified, in the regulations.

5 Nothing in section 87 or 88 applies to the provision of facilities, or to courses of study, for persons subject to adult detention.

6 Part 2 of Schedule 5 makes further provision for the purposes of sections 87 and 88.

^I155^C6^C66^C18^C30^C57^C9^C33^C21^C45^C42^C69^C54^C76^C85^C91^C93^C103^C105^C119^C118^C141^C143^C142^C168^C169^C171^C170^C185^C18690 Encouragement of education and training for persons aged 19 or over and others subject to adult detention¶

1 The Secretary of State must—

a encourage participation by persons within section 86(1)(a) and (b) in education and training within the Secretary of State's remit under this Part;

b encourage employers to participate in the provision of education and training within the Secretary of State's remit under this Part for persons within section 86(1)(a);

c encourage employers to contribute to the costs of education and training within the Secretary of State's remit under this Part for such persons.

1A The Greater London Authority, each combined authority and CCA, and each district council or county council that is a strategic authority, must—

a encourage participation by persons within section 86(1A)(a) in education and training within strategic authorities’ remit under this Part;

b encourage employers to participate in the provision of education and training within strategic authorities’ remit under this Part for persons within section 86(1A)(a);

c encourage employers to contribute to the costs of education and training within strategic authorities’ remit under this Part for such persons.

2 For the purposes of subsection (1)(b) or (1A)(b), participating in the provision of training includes participating by entering into—

a an approved English apprenticeship, or

b any contract of employment (other than an approved English apprenticeship agreement) in connection with which training is provided.

The apprenticeship offer¶

^F11791 Duty to secure availability of apprenticeship places¶

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^F11792 Election for apprenticeship offer¶

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^F11793 Meaning of “apprenticeship place”¶

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^F11794 Suitability and availability of apprenticeship places: further provision¶

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^F11795 Apprenticeship offer requirements¶

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^F11796 Apprenticeship offer requirements: interpretation¶

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^F11797 Suspension of offer¶

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^F11798 Power to amend apprenticeship offer¶

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^F11799 Apprenticeship offer: interpretation¶

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Chapter 2 Provision of services to other bodies¶

Funding¶

^I156^C22^C58^C10^C34^C70^C46^C77^C94^C106^C116^C164^C163^C188100 Provision of financial resources¶

^C31^C7^C43^C55^C67^C19^C86^C104^C112^C125^C123^C124^C153^C154^C1871 The A relevant authority may secure the provision of financial resources under this subsection to—

a persons providing or proposing to provide education or training within the relevant authority’s remit under this Part;

b persons providing or proposing to provide goods or services in connection with the provision by others of such education or training;

c persons receiving or proposing to receive such education or training;

d persons aged 18 receiving or proposing to receive education or training;

e persons making loans to others receiving or proposing to receive education or training;

^F210f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g persons undertaking or proposing to undertake research relating to education or training;

h persons carrying out means tests under arrangements made under section 103;

^F120i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

j persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).

1A The Secretary of State may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1))—

a for the purpose of encouraging the provision of opportunities for individuals to complete English statutory apprenticeships or to undertake work following the completion of such apprenticeships, or

b otherwise in connection with English statutory apprenticeships.

1AA The Secretary of State may secure the provision of financial resources under this subsection (whether or not the resources could be secured under subsection (1)) to any of the persons mentioned in subsection (1) in respect of functions under this Part that are exercisable by a combined authority ^F518....

1AB The Secretary of State may secure the provision of financial resources under this subsection (whether or not the resources could be secured under subsection (1)) to any of the persons mentioned in subsection (1) in respect of functions under this Part that are exercisable by a CCA.

1AC The Secretary of State may secure the provision of financial resources under this subsection (whether or not the resources could be secured under subsection (1)) to any of the persons mentioned in subsection (1) in respect of functions under this Part that are exercisable by a local authority by virtue of regulations made under section 16(1) of the Cities and Local Government Devolution Act 2016.

^C128^C126^C127^C153^C154^C1871B A relevant authority may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1)) in connection with approved technical education qualifications or approved steps towards occupational competence.

1C The Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority, may not exercise—

a a function conferred by subsection (1) in relation to persons subject to adult detention;

b a function conferred by subsection (1) or (1B) in relation to any person who, at the time of starting a course of study for an approved technical education qualification or starting to take approved steps towards occupational competence, is—

i aged under 19, or

ii aged under under 25 and for whom an EHC plan is maintained.

^F2112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 A relevant authority may secure the provision of financial resources under this section—

a by providing the resources;

b by making arrangements for the provision of resources by another person;

c by making arrangements for the provision of resources by persons jointly (whether or not including the relevant authority).

4 A relevant authority may secure the provision of financial resources under this section by reference to—

a any fees or charges payable by the person receiving or proposing to receive the education or training, or

b any other matter (such as transport or childcare).

5 In this section—

“approved steps towards occupational competence” has the meaning given by section A2D4;
“approved technical education qualification” has the meaning given by section A12(1);
^F515...
^F515...
“English statutory apprenticeship” has the same meaning as in section 40A (see subsection (3) of that section).
“relevant authority” means—
1. the Secretary of State,
2. the Greater London Authority,
3. a combined authority or CCA, or
4. a district council or county council that is a strategic authority;
“relevant authority’s remit under this Part” means—
1. in relation to financial resources whose provision is secured by the Secretary of State, the Secretary of State’s remit under this Part;
2. in relation to financial resources whose provision is secured by the Mayor of London, a combined authority or CCA, or a district council or county council that is a strategic authority, strategic authorities’ remit under this Part.

^I157^C11^C71^C23^C47^C35^C59^C78^C95^C92^C107^C120^C145^C144^C146^C172^C174^C173101 Financial resources: conditions¶

1 Financial resources provided by a relevant authority under section 100 may be provided subject to conditions , subject to section 101A.

2 The conditions may (among other things) include—

a information conditions;

^F156b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c repayment conditions.

3 Information conditions are conditions which—

a require the relevant authority, or a person designated by the relevant authority, to be given access to a person's accounts and documents and to be given rights in relation to a person's computers and associated apparatus and material, or

b require a person to whom financial resources are provided to give to the relevant authority such information as the relevant authority may request for the purpose of carrying out functions under this Part.

^F1574 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1585 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 Repayment conditions are conditions which—

a enable the relevant authority to require the repayment (in whole or part) of sums paid by the relevant authority if any of the conditions subject to which the sums were paid is not complied with;

b require the payment of interest in respect of any period in which a sum due to the relevant authority in accordance with any condition is unpaid.

101A Financial resources: welfare¶

1 The Secretary of State may not provide financial resources to a person under—

a section 100(1A) for the provision of training as part of a relevant English statutory apprenticeship, or

b section 100(1B) for the provision of education or training as part of an approved technical education qualification or approved step towards occupational competence,

unless the resources are provided subject to conditions requiring the person to comply with the safeguarding duties.

2 “The safeguarding duties” are—

a a duty to make arrangements to safeguard and promote the welfare of children receiving the education or training mentioned in subsection (1)(a) or (b) (as the case may be), and

b a duty to have regard to any guidance given from time to time by the Secretary of State in considering what arrangements are required.

3 In this section, a “relevant English statutory apprenticeship” means an apprenticeship falling within section 40A(3)(a) to (c).

^I158102 Performance assessments¶

1 The Secretary of State may adopt or develop schemes for the assessment of the performance of persons in providing education or training within the Secretary of State's remit under this Part .

2 The Secretary of State may take the assessments into account in deciding how to exercise the powers under section 100.

^I159^C12^C24^C36^C48^C72^C60^C79^C96^C108^C121^C148^C149^C147^C177^C176^C175103 Means tests¶

1 For the purpose of the exercise of the powers under section 100(1)(c), (d) or (e), the Secretary of State may—

a carry out means tests;

b arrange for other persons to carry out means tests.

1A For the purpose of the exercise of the powers under section 100(1)(c), (d) or (e), the Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority, may—

a carry out means tests;

b arrange for other persons to carry out means tests.

^F2182 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Apprenticeships: general¶

^F121104 Assistance and support in relation to apprenticeship places¶

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^F219^I326105 Promoting progression from level 2 to level 3 apprenticeships¶

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^F220106 Advice and assistance in relation to apprenticeships¶

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Provision of services and assistance¶

^I160107 Provision of services¶

1 The Secretary of State may make arrangements with a permitted recipient for the provision by the Secretary of State of services that are required by the permitted recipient in connection with the exercise of the recipient's functions relating to education or training.

2 The services that may be provided under arrangements made under subsection (1) include—

a providing accommodation and other facilities to a permitted recipient or managing such facilities on behalf of a permitted recipient;

b procuring, or assisting in procuring, goods and services for use by a permitted recipient.

3 The terms and conditions upon which the arrangements are made may include provision for making payments to the Secretary of State in respect of expenditure incurred by the Secretary of State in performing any function under the arrangements.

4 In this section “permitted recipient” means—

^F223a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b the Welsh Ministers;

c the Scottish Ministers;

d a Northern Ireland department;

^F51e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f a person, wholly or partly funded from public funds, who has functions relating to education or training;

g any other person specified, or of a description specified, by order made by the appropriate national authority for the purposes of this section.

^F2245 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 Before making arrangements under which it may provide services to a permitted recipient who falls within paragraph (a), (e), (f) or (g) of subsection (4) in connection with the exercise of the recipient's functions relating to education or training provided in Wales, Scotland or Northern Ireland, the Secretary of State must obtain—

a in relation to education or training provided in Wales, the consent of the Welsh Ministers;

b in relation to education or training provided in Scotland, the consent of the Scottish Ministers;

c in relation to education or training provided in Northern Ireland, the consent of the Minister for Employment and Learning in Northern Ireland.

7 Consent may be given under subsection (5) or (6) in relation to particular arrangements or arrangements of a particular description.

8 “The appropriate national authority” means—

a in relation to a person exercising functions relating only to education or training provided in Wales, the Welsh Ministers;

b in relation to a person exercising functions relating only to education or training provided in Scotland, the Scottish Ministers;

c in relation to a person exercising functions relating only to education or training provided in Northern Ireland, the Department for Employment and Learning in Northern Ireland;

d in any other case, the Secretary of State.

^F226108 Assistance with respect to employment and training¶

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^F227109 Assistance with respect to employment and training: Northern Ireland¶

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^F168...¶

^F168110 Research, information and advice¶

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^F228111 Power to confer supplementary functions on Chief Executive¶

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Chapter 3 ^F171... supplementary¶

Strategies¶

^F103112 Strategies for functions of Chief Executive¶

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^F103113 ¶

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^F103114 Strategies: duty of Chief Executive¶

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Directions and guidance¶

114A Directions and guidance to strategic authorities¶

1 Where the Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority, adopts rules of eligibility for awards by an institution to which it makes grants, loans or other payments under section 100, it must adopt such rules in accordance with any direction given by the Secretary of State.

2 In exercising a function under section 86, 87, 88, 90 or 100, the Mayor of London or Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority, must have regard to guidance issued by the Secretary of State for the purpose of this subsection.

Other¶

^I161^C73^C25^C49^C61^C37^C13^C80^C97^C109^C122^C152^C150^C151^C180^C179^C178115 Persons with special educational needs ¶

1 The Secretary of State must, in performing functions under this Part, have regard to the needs of persons with special educational needs who are of a kind specified in subsection (2B)(a) or (b).

2A The Mayor of London or Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority, must, in performing functions under this Part, have regard to the needs of persons with special educational needs who are of a kind specified in subsection (2B)(a).

2B The persons referred to above are—

a persons who are aged 19 or over, other than persons aged under 25 for whom an EHC plan is maintained;

b persons who are subject to adult detention.

^F1423 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1434 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I162116 Persons subject to adult detention¶

The Secretary of State must, in performing functions under this Part, have regard to the needs of persons subject to adult detention.

^F167117 Use of information by Chief Executive¶

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^F167118 Guidance¶

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^F167118A Directions: consultation¶

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^F167119 Directions: funding of qualifications¶

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^F167120 Other directions relating to functions of the office¶

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Chapter 4 General¶

120A Territorial application of Part¶

The functions of the Secretary of State under this Part, other than the functions conferred by section 107, are exercisable in relation to England only.

120B When functions become exercisable by strategic authorities¶

The Mayor of London

1 The functions conferred on the Mayor of London by this Part are exercisable by the Mayor in relation to—

a the academic year beginning with 1 August 2025, and

b each subsequent academic year.

Combined authority or CCA already exercising the functions

2 Subsection (3) applies to a combined authority or CCA if functions conferred on it by this Part are also pre-commencement functions.

3 The functions continue to be exercisable by the combined authority or CCA on and after the commencement day (but as functions conferred by this Part).

Other combined authority or CCA

4 Subsection (5) applies to a combined authority or CCA—

a if functions conferred on it by this Part are not pre-commencement functions;

b whether the combined authority or CCA was established before, or is established on or after, the commencement day.

5 The functions conferred on the combined authority or CCA by this Part are exercisable by it in relation to—

a the second academic year to begin after the academic year during which it was, or is, established, and

b each subsequent academic year.

District or county council already exercising the functions

6 Subsection (7) applies to a district council or county council that is a strategic authority if functions conferred on it by this Part are also pre-designation functions.

7 The functions continue to be exercisable by the district council or county council on and after its designation (but as functions conferred by this Part).

Other district or county council

8 Subsection (9) applies to a district council or county council that is a strategic authority if functions conferred on it by this Part are not pre-designation functions.

9 The functions conferred on the district council or county council by this Part are exercisable by it in relation to—

a the second academic year to begin after the academic year during which its designation takes effect, and

b each subsequent academic year.

Interpretation

10 In this section—

“academic year” means each period—
1. beginning with 1 August, and
2. ending with the next 31 July;
“commencement day” means the day on which the English Devolution and Community Empowerment Act 2026 is passed;
“designation”, in relation to a district council or county council that is a strategic authority, means its designation as a single foundation strategic authority;
“pre-commencement functions” means functions which were exercisable by a combined authority or CCA immediately before the commencement day by virtue of—
1. an order under Part 6 of the Local Democracy, Economic Development and Construction Act 2009, or
2. regulations under Chapter 2 of Part 1 of the Levelling-up and Regeneration Act 2023;
“pre-designation functions” means functions which are exercisable by a district council or county council immediately before its designation, by virtue of regulations under section 16 of the Cities and Local Government Devolution Act 2016.

^I163^C26^C14^C50^C74^C62^C38^C81^C98^C110^C117^C138^C140^C139^C165^C166^C167121 Interpretation of Part¶

1 In this Part—

^F232...
“apprenticeship training” has the meaning given by section 83;
“approved English apprenticeship” has the meaning given by section A1(2);
“approved steps towards occupational competence” has the meaning given by section A2D4;
“approved technical education qualification” has the meaning given by section A12;
“CCA” means a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;
“combined authority” means a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009;
“district council or county council that is a strategic authority” means a district council or county council that is designated as a single foundation strategic authority under section 3 of the English Devolution and Community Empowerment Act 2026;
^F234...
“organised leisure-time occupation” has the meaning given by section 86.
technical education qualification” has the meaning given by section A12;

2 In this Part a reference to education within the Secretary of State's remit under this Part is a reference to—

a education falling within section 86(1)(a) or (b), and

b organised leisure-time occupation in connection with such education.

3 In this Part a reference to training within the Secretary of State's remit under this Part is a reference to—

a training falling within section 83(1),

aa training falling within section 83A(1),

b training falling within section 86(1)(c), and

c organised leisure-time occupation in connection with training falling within section 86(1)(c).

3A In this Part a reference to education within strategic authorities’ remit under this Part is a reference to—

a education falling within section 86(1A)(a), and

b organised leisure-time occupation in connection with such education.

3B In this Part a reference to training within strategic authorities’ remit under this Part is a reference to—

a training falling within section 86(1A)(b)), and

b organised leisure-time occupation in connection with such training.

4 For the purposes of this Part a person is subject to adult detention if the person is subject to a detention order and—

a aged 19 or over, or

b aged under 19 and detained in—

i a young offender institution, or part of such an institution, that is used wholly or mainly for the detention of persons aged 18 and over, or

ii a prison.

Part 5 Parts 2 to 4: supplementary¶

Information¶

^I164122 Sharing of information for education and training purposes¶

1 A person within subsection (3) may provide information to another person within that subsection, or a person within subsection (4), for the purpose of enabling or facilitating the exercise of any relevant function.

2 A person within subsection (4) may provide information to a person within subsection (3) for the purpose of enabling or facilitating the exercise of any relevant function.

3 The persons within this subsection are—

^F236a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b the Secretary of State;

^F237c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F238d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F239e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f a person providing services to the Secretary of State

fza a local authority in England exercising functions under Part 4 by virtue of regulations made under section 16(1) of the Cities and Local Government Devolution Act 2016;

fzb a person providing services to a local authority in England in connection with functions exercisable by the local authority under Part 4 by virtue of regulations made under section 16(1) of the Cities and Local Government Devolution Act 2016;

fa a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

fb a person providing services to a combined authority;

fc a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

fd a person providing services to a combined county authority;

fe the Mayor of London;

ff a person providing services to the Mayor of London;

fg the Greater London Authority;

fh a person providing services to the Greater London Authority;

^F403g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 The persons within this subsection are—

a a local authority in England;

b a person providing services to a local authority in England in connection with a relevant function of the authority .

5 In this section, “relevant function” means—

^F241a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b any function of the Secretary of State relating to education or training, ^F280...

^F404ba . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c any education function of a local authority in England, ^F387...

d any function of a combined authority under Part 4,

e any function of a combined county authority under Part 4,

f any function of the Mayor of London under Part 4,

g any function of the Greater London Authority under Part 4, or

other than a function under this section.

^F2426 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 Nothing in this section—

a affects any power to disclose information that exists apart from this section, or

b authorises the disclosure of any information in contravention of any provision made by or under any Act which prevents disclosure of the information.

The Learning and Skills Council for England¶

^I165123 Dissolution of the Learning and Skills Council for England¶

1 The Learning and Skills Council for England ceases to exist on the day on which this section comes into force.

2 Schedule 6 contains minor and consequential amendments in relation to the dissolution of the Learning and Skills Council for England.

^I166124 Dissolution of the Learning and Skills Council: transfer schemes¶

Schedule 7 contains provision about schemes for the transfer of staff, property, rights and liabilities from the Learning and Skills Council for England to other persons.

Part 6 The sixth form college sector¶

^I5^I167125 Sixth form college sector¶

Schedule 8 makes provision about the sixth form college sector.

^I6126 Removal of power to establish sixth form schools¶

1 In section 16 of the Education Act 1996 (c. 56) (power to establish etc. primary and secondary schools) after subsection (3) insert—

2 The Education and Inspections Act 2006 (c. 40) is amended as follows.

3 In section 7 (invitation for proposals for establishment of new schools) after subsection (5) insert—

4 In section 10 (publication of proposals with consent of Secretary of State) in subsection (1)(a) after “school” insert “ , other than one providing education suitable only to the requirements of persons above compulsory school age ”.

5 In section 11 (publication of proposals to establish maintained schools: special cases) omit subsections (1)(b) and (2)(a).

Part 7 The Office of Qualifications and Examinations Regulation¶

Chapter 1 Establishment, objectives and general duties¶

Establishment¶

^I51127 The Office of Qualifications and Examinations Regulation¶

1 There is to be a body corporate known as the Office of Qualifications and Examinations Regulation.

2 In this Part that body is referred to as “Ofqual”.

3 Schedule 9 makes further provision about Ofqual.

Objectives and general duties¶

^I52128 Objectives¶

1 Ofqual's objectives are—

a the qualifications standards objective,

b the assessments standards objective,

c the public confidence objective,

d the awareness objective, and

e the efficiency objective.

2 The qualifications standards objective is to secure that—

a regulated qualifications give a reliable indication of knowledge, skills and understanding, and

b regulated qualifications indicate —

i a consistent level of attainment (including over time) between comparable regulated qualifications, and

ii a consistent level of attainment (but not over time) between regulated qualifications and comparable qualifications (including those awarded outside the United Kingdom) which are not qualifications to which this Part applies.

3 The assessments standards objective is to promote the development and implementation of regulated assessment arrangements which—

a give a reliable indication of achievement, and

b indicate a consistent level of attainment (including over time) between comparable assessments.

4 The public confidence objective is to promote public confidence in regulated qualifications and regulated assessment arrangements.

5 The awareness objective is to promote awareness and understanding of—

a the range of regulated qualifications available,

b the benefits of regulated qualifications to learners, employers and institutions within the higher education sector, and

c the benefits of recognition under section 132 to bodies awarding or authenticating qualifications to which this Part applies.

6 The efficiency objective is to secure that regulated qualifications are provided efficiently and in particular that any relevant sums payable to a body awarding or authenticating a qualification in respect of which the body is recognised under section 132 represent value for money.

7 For the purposes of subsection (6) a sum is relevant if it is payable in respect of the award or authentication of the qualification in question.

^I53129 General duties¶

1 So far as reasonably practicable, in performing its functions Ofqual must act in a way—

a which is compatible with its objectives, and

b which it considers most appropriate for the purpose of meeting its objectives.

2 So far as relevant, in performing its functions Ofqual must have regard to—

a the need to ensure that the number of regulated qualifications available for award or authentication is appropriate;

b the other reasonable requirements of relevant learners, including persons with special educational needs or additional learning needs;

c the reasonable requirements of pupils and children, including persons with special educational needs or additional learning needs, in relation to regulated assessment arrangements;

d the reasonable requirements of industry, commerce, finance, the professions and other employers regarding education and training (including required standards of practical competence);

e the reasonable requirements of institutions within the higher education sector;

f information provided to Ofqual by a person falling within subsection (4);

g the desirability of facilitating innovation in connection with the provision of regulated qualifications;

h the specified purposes of regulated assessment arrangements.

3 For the purposes of subsection (2)(a) the number of regulated qualifications available for award or authentication is appropriate if the number is such that—

a there is a reasonable level of choice for learners, in terms of both the number of different regulated qualifications and the number of different forms of such qualifications, but

b the number of different regulated qualifications in similar subject areas or serving similar functions is not excessive.

4 The persons falling within this subsection are—

^F54a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b Her Majesty's Chief Inspector of Education, Children's Services and Skills;

c such other relevant persons, or relevant persons of such a description, as the Secretary of State may direct.

5 In subsection (4)(c) “relevant person” means a person who appears to the Secretary of State to have knowledge of, or expertise in, requirements of a kind mentioned in subsection (2)(d).

6 In performing its functions Ofqual must also have regard to such aspects of government policy as the Secretary of State may direct.

7 The Secretary of State must publish a direction given under subsection (6).

8 Ofqual must perform its functions efficiently and effectively.

^F1469 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14710 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11 “Relevant learner” means a person seeking to obtain, or who may reasonably be expected to seek to obtain, a regulated qualification.

Regulated qualifications and regulated assessment arrangements¶

^I54130 Meaning of “regulated qualifications” etc.¶

1 In this Part a “regulated qualification” means a qualification to which this Part applies which is awarded or authenticated by a body which is recognised under section 132 in respect of the qualification.

2 This Part applies to any of the following qualifications which is not an excluded qualification—

a an academic or vocational qualification awarded or authenticated in England;

^F256b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 An excluded qualification is any of the following—

a a foundation degree;

b a first degree;

c a degree at a higher level.

4 For the purposes of subsection (2) a qualification is awarded or authenticated in England ^F257... if there are, or may reasonably be expected to be, persons seeking to obtain the qualification who are, will be or may reasonably be expected to be assessed for those purposes wholly or mainly in England ^F257....

5 The Secretary of State may by order repeal subsection (2)(b).

6 An order under subsection (5) may make amendments and repeals to a provision of, or in an instrument made under, this or any other Act (including any Act passed after this Act) in consequence of the repeal of subsection (2)(b).

7 Before making an order under subsection (5) the Secretary of State must consult the Department for Employment and Learning in Northern Ireland.

^I55131 Meaning of “regulated assessment arrangements” etc.¶

1 This section applies for the purposes of this Part.

2 “Regulated assessment arrangements” means—

a NC assessment arrangements, and

b EYFS assessment arrangements.

3 “NC assessment arrangements” means arrangements made under or by virtue of an order made under section 87(3)(c) of the Education Act 2002 (c. 32) for assessing pupils in England in respect of each key stage for the specified purposes.

4 In subsection (3)—

“assessing” includes testing;
“key stage” has the same meaning as in Part 6 of the Education Act 2002 (c. 32) (see section 76 of that Act).

5 “EYFS assessment arrangements” means arrangements made under or by virtue of an order made under section 39(1)(a) of the Childcare Act 2006 (c. 21) for assessing children in England for the specified purposes.

6 “The specified purposes” in relation to regulated assessment arrangements—

a if the arrangements are NC assessment arrangements, has the same meaning as in section 76(1) of the Education Act 2002;

b if the arrangements are EYFS assessment arrangements, has the same meaning as in section 41(2)(c) of the Childcare Act 2006.

Chapter 2 Functions in relation to qualifications¶

Recognition of awarding bodies¶

^I56132 Recognition¶

1 Ofqual must recognise an awarding body in respect of the award or authentication of a specified qualification, or description of qualification, to which this Part applies if—

a the awarding body has applied for recognition in the respect in question, and

b the body meets the applicable criteria for recognition most recently published under section 133.

2 Ofqual may not recognise an awarding body if the requirements set out in paragraphs (a) and (b) of subsection (1) are not met by the body.

3 A recognition—

a has effect from such date as Ofqual may specify,

b is subject to the general conditions,

c if in respect of a qualification subject to the accreditation requirement, is subject to an accreditation condition, and

d is subject to such other conditions that Ofqual may impose at the time of recognition or later.

4 But Ofqual may, at the time of recognition or later, determine that a specified recognition is not to be subject to a specified general condition.

5 An accreditation condition in respect of a qualification subject to the accreditation requirement is a condition requiring that the recognised body may award or authenticate a particular form of the qualification only if, at the time of the award or authentication, that form of the qualification is accredited under section 139.

6 Ofqual may not charge an awarding body in respect of recognition.

7 If Ofqual refuses an application for recognition it must provide the awarding body with a statement setting out the reasons for its decision.

8 In this section “the general conditions”, in respect of a recognition of an awarding body, means the general conditions for the time being in force under section 134 which are applicable to the recognition and the body.

9 In this Chapter—

“awarding body” means a person who awards or authenticates, or who proposes to award or authenticate, a qualification to which this Part applies;
“recognised body” means an awarding body recognised under this section;
a “recognition” means a recognition under this section.

10 See section 35 of the Qualifications Wales Act 2015 for provision about the effect of conditions imposed by or under this section, in respect of or for the purposes of the award in Wales by an awarding body of a form of a qualification awarded as an approved qualification (for which see section 22(4) of that Act).

^I57133 Criteria for recognition¶

1 Ofqual must set and publish the criteria for recognition under section 132.

2 Different criteria may be set for—

a recognition of different descriptions of awarding bodies;

b recognition in respect of different qualifications or different descriptions of qualifications;

c recognition in respect of credits in respect of different components of qualifications or different descriptions of components of qualifications.

3 Ofqual may revise the criteria.

4 If Ofqual revises the criteria it must publish them as revised.

5 Before setting or revising the criteria Ofqual must consult such persons as it considers appropriate.

^I58134 General conditions of recognition¶

1 Ofqual must set and publish the general conditions to which a recognition is to be subject.

2 Different general conditions may be set for—

a recognition of different descriptions of awarding bodies;

b recognition in respect of different qualifications or different descriptions of qualifications;

c recognition in respect of credits in respect of different components of qualifications or different descriptions of components of qualifications.

3 Ofqual may revise the general conditions.

4 If Ofqual revises the general conditions it must publish them as revised.

5 Before setting or revising the general conditions Ofqual must consult such persons as it considers appropriate.

^I59135 Other conditions of recognition¶

1 The conditions of recognition that Ofqual may impose under section 132(3)(d) include in particular—

a fee capping conditions;

b entry and inspection conditions.

2 Fee capping conditions are conditions limiting the amount of a fee chargeable by a recognised body for—

a the award or authentication of a qualification in respect of which the body is recognised, or

b the provision of any other service in relation to such a qualification.

3 Entry and inspection conditions are conditions requiring permission to enter premises for the purposes of inspecting and copying documents so far as necessary for Ofqual—

a to satisfy itself that the appropriate standards are being maintained by a recognised body in relation to the award or authentication of any qualification in respect of which the body is recognised, or

b to determine whether to impose a fee capping condition and, if so, what that condition should be.

^I60136 Fee capping conditions: supplementary¶

1 Ofqual may impose a fee capping condition limiting the amount of a particular fee only if satisfied that the limit is necessary in order to secure value for money.

2 Before imposing a fee capping condition in respect of a recognition Ofqual must give notice to the recognised body of its intention to do so.

3 The notice must—

a set out Ofqual's reasons for proposing to impose the fee capping condition, and

b specify the period during which, and the way in which, the recognised body may make representations about the proposal.

4 Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to impose the fee capping condition.

5 Ofqual must establish arrangements (the “review arrangements”) for the review, at the request of a recognised body, of a decision to impose a fee capping condition.

6 The review arrangements must require the decision on review to be made by a person within subsection (7).

7 A person within this subsection is one who—

a appears to Ofqual to have skills likely to be relevant to decisions to impose fee capping conditions, and

b is independent of Ofqual.

8 A person is independent of Ofqual for the purposes of subsection (7) if the person is—

a an individual who is not a member of Ofqual or Ofqual's staff, or

b a body none of whose members is a member of Ofqual or Ofqual's staff.

9 A decision to impose a fee capping condition must not take effect before the later of—

a the expiry of the period during which a review can be requested under the review arrangements, and

b the completion of any review requested under those arrangements.

10 Ofqual must, in performing its functions in relation to fee capping conditions, have regard to any guidance given by the Secretary of State.

11 The Secretary of State must publish any guidance given under subsection (10).

^I61137 Entry and inspection conditions: supplementary¶

1 An entry and inspection condition requires permission to enter premises to be given only if—

a the premises in question are not used as a private dwelling,

b the entry is to be by an authorised person,

c reasonable notice has been given to the recognised body in question, and

d the entry is to be at a reasonable time.

2 “Authorised person” means a member of Ofqual's staff who is authorised (generally or specifically) for the purpose.

3 An entry and inspection condition may require an authorised person to be given permission to do anything that a person authorised by a provision of Part 1 of the Education Act 2005 (c. 18) to inspect documents could do by virtue of section 58 of that Act (computer records).

Accreditation of certain qualifications¶

^I62138 Qualifications subject to the accreditation requirement¶

1 Ofqual may determine that a specified qualification, or description of qualification, to which this Part applies is subject to the accreditation requirement.

1ZA But Ofqual may not make a determination under subsection (1) in relation to a technical education qualification within subsection (1A) unless the Secretary of State has notified it that it may do so.

1A A technical education qualification is within this subsection if—

a it is an approved technical education qualification, or

b the Secretary of State—

i has notified Ofqual that the Secretary of State is considering whether or not to approve the qualification as an approved technical education qualification, and

ii has not notified Ofqual of the Secretary of State’s decision.

2 A determination under subsection (1) may provide that a qualification or description of qualification is subject to the accreditation requirement—

a for all purposes, or

b for the purposes of award or authentication by a specified awarding body.

3 Ofqual must publish a determination falling within subsection (2)(a).

4 Ofqual may revise a determination made under subsection (1).

5 If Ofqual revises a determination falling within subsection (2)(a) it must publish the determination as revised.

6 Before making or revising a determination under subsection (1) Ofqual must—

a if the determination falls within subsection (2)(a), consult such persons as it considers appropriate, and

b if the determination falls within subsection (2)(b), consult the awarding body in question.

7 Where the Secretary of State has notified Ofqual under subsection (1A)(b)(i) that the Secretary of State is considering whether or not to approve the qualification, the Secretary of State must also notify Ofqual of the Secretary of State’s decision.

8 In this section—

^F408...
“approved technical education qualification” and “technical education qualification” have the meanings given by section A12(1).

^I63139 Accreditation¶

1 Where a qualification is subject to the accreditation requirement Ofqual must accredit a particular form of the qualification if—

a that form of the qualification has been submitted for accreditation by a recognised body which is recognised in respect of the qualification, and

b that form of the qualification meets the applicable criteria for accreditation most recently published under section 140.

2 Ofqual may not accredit a form of a qualification if the requirements set out in paragraphs (a) and (b) of subsection (1) are not met in respect of that form of the qualification.

3 An accreditation under this section has effect from such date as Ofqual may specify.

4 Ofqual may not charge a recognised body in respect of accreditation under this section.

5 If Ofqual refuses an application for accreditation it must provide the recognised body with a statement setting out the reasons for its decision.

^I64140 Criteria for accreditation¶

1 Ofqual must set and publish the criteria for accreditation under section 139.

2 Different criteria may be set for the accreditation of different qualifications or different descriptions of qualifications.

3 Ofqual may revise the criteria.

4 If Ofqual revises the criteria it must publish them as revised.

5 Before setting or revising the criteria Ofqual must consult such persons as it considers appropriate.

6 If Ofqual revises the criteria under this section which are applicable to a form of a qualification which is accredited under section 139, the accreditation ceases to have effect on the date specified by Ofqual.

7 Ofqual may vary the date specified under subsection (6) at any time before the date.

8 Ofqual may determine that subsection (6) does not apply in relation to a specified revision.

9 Ofqual must publish a determination made under subsection (8).

10 Ofqual may make saving or transitional provision in connection with the accreditation of a form of a qualification ceasing to have effect under subsection (6).

Minimum requirements¶

^I65141 Power to specify minimum requirements¶

1 The Secretary of State may by order specify minimum requirements in respect of a specified qualification, or description of qualification, to which this section applies.

2 But the Secretary of State may make an order under subsection (1) only if satisfied that it is necessary to do so for the purpose of ensuring that the curriculum studied by persons taking a course leading to the qualification, or a qualification of the description, is appropriate, having regard to the likely ages of those persons.

3 This section applies to a qualification, or description of qualification, if—

a the qualification, or each qualification of the description, is one to which this Part applies, and

b the condition in subsection (4) is met in relation to the qualification or each qualification of the description.

4 The condition is that—

a one or more forms of the qualification is (or are) approved under section 98 of the Learning and Skills Act 2000 (c. 21), or

b the Secretary of State reasonably expects approval under that section to be sought for one or more forms of the qualification.

5 A minimum requirement in respect of a qualification or description of qualification is a requirement which relates to the knowledge, skills or understanding which a person must demonstrate in order to obtain the qualification or a qualification of the description.

^I66142 Consultation before making order specifying minimum requirements¶

1 Before making an order under section 141(1) the Secretary of State must consult Ofqual and such other persons as the Secretary of State considers appropriate.

2 For the purposes of consulting under subsection (1) the Secretary of State must publish a document setting out—

a the grounds on which the Secretary of State is satisfied of the matter specified in section 141(2),

b the proposed minimum requirements, and

c the Secretary of State's reasons for proposing those minimum requirements.

3 The Secretary of State must provide a copy of the document to Ofqual and any other persons the Secretary of State proposes to consult under subsection (1).

^I67143 Effect of order specifying minimum requirements¶

1 This section applies in relation to a qualification or description of qualification in respect of which minimum requirements specified in an order under section 141(1) have effect.

2 Ofqual must perform its functions under sections 133, 134 and 140 in relation to the qualification or description of qualification in a way which secures that the minimum requirements in respect of the qualification or description of qualification are met.

3 But Ofqual is not required to comply with the duty imposed by subsection (2) if it appears to Ofqual that complying with that duty would result in the level of attainment (in terms of depth of knowledge, skills or understanding) indicated by the qualification or description of qualification not being consistent with that indicated by comparable regulated qualifications.

^I68144 Revocation and amendment of orders specifying minimum requirements¶

1 Subsection (2) applies if—

a the Secretary of State has made an order under section 141(1) in respect of a qualification or description of qualification, and

b the qualification or description of qualification ceases to be one to which section 141 applies.

2 The Secretary of State may by order—

a revoke the order, or

b amend it for the purpose of removing the qualification or description of qualification from the application of the order.

3 Subsections (1) and (2) do not affect the power of the Secretary of State to revoke or amend an order under section 141(1) in other circumstances.

4 Sections 141(2) and 142 do not apply to an order—

a revoking an order under section 141(1), or

b amending an order under section 141(1) for the purpose only of removing a qualification or description of qualification from the application of the order.

Guided learning¶

^I349145 Assignment of number of hours of guided learning¶

1 A recognised body may only award or authenticate a particular form of a qualification in respect of which it is recognised if Condition 1 or 2 is met.

2 Condition 1 is met if the recognised body determines that the qualification is not relevant for 2008 Act purposes.

3 Condition 2 is met if—

a the recognised body determines that the qualification is relevant for 2008 Act purposes, and

b the body assigns to the particular form of the qualification a number of hours of guided learning.

^F2584 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 A recognised body must apply the applicable criteria then in force under section 146 when determining—

a whether or not a qualification is relevant for 2008 Act purposes, and

b in respect of a qualification which the body has determined is relevant for those purposes, a number of hours of guided learning to assign to a form of the qualification.

6 If revised criteria come into force under section 146, a recognised body must review any determination it has made under this section.

7 Ofqual may—

a review any determination made by a recognised body under this section, and

b require the recognised body to revise any such determination in such respects as Ofqual may specify.

8 If under subsection (7)(b) Ofqual requires a recognised body to revise a determination that a qualification is not relevant for 2008 Act purposes by specifying that the determination should provide that the qualification is so relevant—

a Ofqual may assign to a form of the qualification awarded or authenticated by the recognised body a number of hours of guided learning, and

b if it does so, the recognised body is to be treated as having determined to assign that number of hours of guided learning to that form of the qualification.

9 For the purposes of this Chapter a qualification is relevant for 2008 Act purposes if there are, or may reasonably be expected to be, persons seeking to obtain the qualification for the purposes of discharging the duty under section 2(1)(c) of the Education and Skills Act 2008 (c. 25) (duty to participate in education or training).

10 In this Chapter a “number of hours of guided learning”, in relation to a form of a qualification, means a number of notional hours representing an estimate of the amount of actual guided learning which could reasonably be expected to be required in order for persons to achieve the standard required to obtain that form of the qualification.

11 In subsection (10) “actual guided learning” means time a person spends—

a being taught or given instruction by a lecturer, tutor, supervisor or other appropriate provider of education or training, or

b otherwise participating in education or training under the immediate guidance or supervision of such a person,

but does not include time spent on unsupervised preparation or study, whether at home or otherwise.

12 Section 172(2)(a) does not apply for the purposes of this section.

^I350146 Criteria for assignment of number of hours of guided learning¶

1 Ofqual must set and publish criteria for determining—

a whether a qualification is relevant for 2008 Act purposes, and

b in respect of a qualification which a recognised body has determined is relevant for those purposes, the number of hours of guided learning that should be assigned to a form of the qualification.

2 Different criteria may be set for determinations in relation to different qualifications or different descriptions of qualifications.

3 Ofqual may revise the criteria.

4 If Ofqual revises the criteria it must publish them as revised.

5 Before setting or revising the criteria Ofqual must consult such persons as it considers appropriate.

Surrender¶

^I69147 Surrender of recognition¶

1 A recognised body may give notice to Ofqual that it wishes to cease to be recognised in respect of the award or authentication of a specified qualification or description of qualification.

2 As soon as reasonably practicable after receipt of a notice under subsection (1) Ofqual must give notice to the recognised body of the date on which the body is to cease to be recognised in the respect in question (“the surrender date”).

3 At any time before the surrender date Ofqual may vary that date by giving further notice to the recognised body.

4 In deciding or varying the surrender date Ofqual must have regard to the need to avoid prejudicing persons who are seeking, or might reasonably be expected to seek, to obtain the qualification, or a qualification of the description, specified in the notice under subsection (1).

5 Ofqual may make saving or transitional provision in connection with a recognised body ceasing to be recognised in any respect by virtue of this section.

Register¶

148 Register¶

1 Ofqual must maintain and publish a register containing the following information in relation to each recognised body—

^I70a the qualifications in respect of which it is recognised,

^I70b the forms of those qualifications which are awarded or authenticated by it, and

c if the recognised body has determined under section 145 that any of those qualifications is relevant for 2008 Act purposes, the number of hours of guided learning it has assigned to each form of the qualification awarded or authenticated by it.

^I702 The register may include such other information as Ofqual considers appropriate.

Recognised bodies: monitoring and enforcement¶

^I71149 Review of activities of recognised bodies¶

1 Ofqual may keep under review any connected activities of a recognised body.

2 An activity of a recognised body is a connected activity if Ofqual considers that it is connected or otherwise relevant to—

a the body's recognition (including, in particular, the compliance by the body with the conditions to which the recognition is subject), or

b the award or authentication by the body of any qualification in respect of which it is recognised.

^I72150 Investigation of complaints¶

1 Ofqual may investigate, or make arrangements for the investigation of, complaints in relation to the award or authentication of a regulated qualification.

2 Arrangements made under subsection (1) may in particular include arrangements for the referral of complaints to an independent party.

3 “An independent party” means—

a an individual who is not a member of Ofqual or Ofqual's staff, or

b a body none of whose members is a member of Ofqual or Ofqual's staff.

^I73151 Power to give directions¶

1 Subsection (2) applies if it appears to Ofqual that a recognised body has failed or is likely to fail to comply with a condition to which the recognition is subject.

2 Ofqual may direct the recognised body to take or refrain from taking specified steps with a view to securing compliance with the condition.

3 Before giving a recognised body a direction under this section Ofqual must give notice to the body of its intention to do so.

4 The notice must—

a set out Ofqual's reasons for proposing to give the direction, and

b specify the period during which, and the way in which, the recognised body may make representations about the proposal.

5 Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to give a direction to the body.

6 A recognised body must comply with a direction given to it under this section.

7 A direction under this section is enforceable, on the application of Ofqual—

a in England and Wales, by a mandatory order, ^F259...

^F259b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 A direction given under this section may be amended or revoked by Ofqual; and subsections (3) to (5) apply to the amendment of a direction as they apply to the giving of a direction.

151A Power to impose monetary penalties¶

1 Subsection (2) applies if it appears to Ofqual that a recognised body has failed to comply with a condition to which the recognition is subject.

2 Ofqual may impose a monetary penalty on the recognised body.

3 A “monetary penalty” is a requirement to pay to Ofqual a penalty of an amount determined by Ofqual in accordance with section 151B.

4 Before imposing a monetary penalty on a recognised body, Ofqual must give notice to the body of its intention to do so.

5 The notice must—

a set out Ofqual's reasons for proposing to impose the penalty, and

b specify the period during which, and the way in which, the recognised body may make representations about the proposal.

6 The period specified under subsection (5)(b) must not be less than 28 days beginning with the date on which the notice is received.

7 Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to impose a monetary penalty on the body.

8 If Ofqual decides to impose a monetary penalty on the body, it must give the body a notice containing information as to—

a the grounds for imposing the penalty,

b how payment may be made,

c the period within which payment is required to be made (which must not be less than 28 days),

d rights of appeal,

e the period within which an appeal may be made, and

f the consequences of non-payment.

151B Monetary penalties: amount¶

1 The amount of a monetary penalty imposed on a recognised body under section 151A must not exceed 10% of the body's turnover.

2 The turnover of a body for the purposes of subsection (1) is to be determined in accordance with an order made by the Secretary of State.

3 Subject to subsection (1), the amount may be whatever Ofqual decides is appropriate in all the circumstances of the case.

151C Monetary penalties: appeals¶

1 A recognised body may appeal to the First-tier Tribunal against—

a a decision to impose a monetary penalty on the body under section 151A;

b a decision as to the amount of the penalty.

2 An appeal under this section may be made on the grounds—

a that the decision was based on an error of fact;

b that the decision was wrong in law;

c that the decision was unreasonable.

3 The requirement to pay the penalty is suspended pending the determination of an appeal under this section.

4 On an appeal under this section the Tribunal may—

a withdraw the requirement to pay the penalty;

b confirm that requirement;

c vary that requirement;

d take such steps as Ofqual could take in relation to the failure to comply giving rise to the decision to impose the requirement;

e remit the decision whether to confirm the requirement to pay the penalty, or any matter relating to that decision, to Ofqual.

151D Monetary penalties: interest and recovery¶

1 This section applies if all or part of a monetary penalty imposed on a recognised body is unpaid at the end of the period ending on the applicable date.

2 The applicable date is—

a the last date on which the recognised body may make an appeal under section 151C in respect of the penalty, if no such appeal is made;

b if an appeal under section 151C in respect of the penalty is made—

i the date on which the appeal is determined, or

ii if the appeal is withdrawn before being determined, the date on which the appeal is withdrawn.

3 The unpaid amount of the penalty for the time being carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section).

4 The total amount of interest imposed under subsection (3) must not exceed the amount of the penalty.

5 Ofqual may recover from the body, as a civil debt due to it, the unpaid amount of the penalty and any unpaid interest.

^I74152 Power to withdraw recognition¶

1 Subsection (2) applies if a recognised body has failed to comply with a condition to which the recognition is subject.

2 Ofqual may withdraw recognition from the recognised body in respect of the award or authentication of—

a a specified qualification or description of qualification in respect of which the body is recognised, or

b every qualification or description of qualification in respect of which the body is recognised.

3 Before withdrawing recognition from a recognised body in any respect Ofqual must give notice to the body of its intention to do so.

4 The notice must—

a set out Ofqual's reasons for proposing to withdraw recognition from the recognised body in the respect in question, and

b specify the period during which, and the way in which, the recognised body may make representations about the proposal.

5 Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to withdraw recognition from the body in the respect in question.

6 If Ofqual decides to withdraw recognition from a recognised body Ofqual—

a must give notice to the body of its decision and of the date on which the withdrawal is to take effect, and

b may make saving or transitional provision.

7 At any time before a withdrawal takes effect Ofqual may vary the date on which it is to take effect by giving further notice to the recognised body.

8 Ofqual must establish arrangements for the review, at the request of a recognised body, of a decision to withdraw recognition under this section.

9 The arrangements established under subsection (8) must require the decision on review to be made by a person who is independent of Ofqual.

10 A person is independent of Ofqual for the purposes of subsection (9) if the person is—

a an individual who is not a member of Ofqual or Ofqual's staff, or

b a body none of whose members is a member of Ofqual or Ofqual's staff.

152A Costs recovery¶

1 Ofqual may, by notice, require a recognised body on which a sanction has been imposed to pay the costs incurred by Ofqual in relation to imposing the sanction, up to the time it is imposed.

2 The references in subsection (1) to imposing a sanction are to—

a giving a direction under section 151;

b imposing a monetary penalty under section 151A;

c withdrawing recognition under section 152.

3 “Costs” includes in particular—

a investigation costs;

b administration costs;

c costs of obtaining expert advice (including legal advice).

4 A notice given to a recognised body under subsection (1) must contain information as to—

a the amount required to be paid,

b how payment may be made,

c the period within which payment is required to be made (which must not be less than 28 days),

d rights of appeal,

e the period within which an appeal may be made, and

f the consequences of non-payment.

5 The body may require Ofqual to provide a detailed breakdown of the amount specified in the notice.

152B Costs recovery: appeals¶

1 A recognised body may appeal to the First-tier Tribunal against—

a a decision under section 152A(1) to require the body to pay costs;

b a decision as to the amount of those costs.

2 An appeal under this section may be made on the grounds—

a that the decision was based on an error of fact;

b that the decision was wrong in law;

c that the decision was unreasonable.

3 The requirement to pay the costs is suspended pending the determination of an appeal under this section.

4 On an appeal under this section the Tribunal may—

a withdraw the requirement to pay the costs;

b confirm that requirement;

c vary that requirement;

d take such steps as Ofqual could take in relation to the failure to comply giving rise to the decision to impose the requirement;

e remit the decision whether to confirm the requirement to pay the costs, or any matter relating to that decision, to Ofqual.

152C Costs: interest and recovery¶

1 This section applies if all or part of an amount of costs that a recognised body is required to pay under section 152A(1) is unpaid at the end of the period ending on the applicable date.

2 The applicable date is—

a the last date on which the recognised body may make an appeal under section 152B in respect of the costs, if no such appeal is made;

b if an appeal under section 152B in respect of the costs is made—

i the date on which the appeal is determined, or

ii if the appeal is withdrawn before being determined, the date on which the appeal is withdrawn.

3 The unpaid amount of the costs for the time being carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section).

4 The total amount of interest imposed under subsection (3) must not exceed the amount of the costs.

5 Ofqual may recover from the body, as a civil debt due to it, the unpaid amount of the costs and any unpaid interest.

^I75153 Qualifications regulatory framework¶

1 Ofqual must prepare and publish—

a a statement of how Ofqual intends to perform the monitoring and enforcement functions, and

b guidance to recognised bodies in relation to the award and authentication of qualifications in respect of which they are recognised.

2 The statement and guidance mentioned in subsection (1) are together referred to in this section as “the qualifications regulatory framework”.

3 Guidance under subsection (1)(b) must include guidance for the purpose of helping to determine whether or not behaviour complies with the general conditions to which a recognition is subject (see section 134).

4 The guidance may in particular specify—

a descriptions of behaviour which Ofqual considers complies with a general condition;

b descriptions of behaviour which Ofqual considers does not comply with a general condition;

c factors which Ofqual will take into account in determining whether or not a recognised body's behaviour complies with a general condition.

5 Ofqual—

a may revise the qualifications regulatory framework, and

b if it does so, must publish the revised version.

6 Before publishing the qualifications regulatory framework or a revised version of it, Ofqual must consult such persons as it considers appropriate.

7 A recognised body must have regard to guidance under subsection (1)(b) in awarding or authenticating a qualification in respect of which it is recognised.

8 In subsection (1) “the monitoring and enforcement functions” means—

a Ofqual's power under section 132(3)(d) (power to impose other conditions);

b Ofqual's functions under sections 132(4) and 134 (functions in relation to general conditions);

c Ofqual's functions under an entry and inspection condition to which a recognition is subject (see section 135);

d Ofqual's functions under section 138(1) (power to determine that a qualification is subject to the accreditation requirement);

e Ofqual's functions under sections 149 to 152C .

Other¶

^I76154 Review of qualifications to which Part applies¶

Ofqual may keep under review all aspects of qualifications to which this Part applies.

155 Review of system for allocating values to qualifications¶

1 Ofqual must keep under review any system used by the Secretary of State for allocating values to qualifications to which this Part applies by reference to the level of attainment indicated by the qualifications.

2 The duty in subsection (1) applies only if the values are to be allocated for the purpose of a qualifications-based performance management system.

3 A qualifications-based performance management system is a system for measuring the relative performance of schools by reference to the performance of pupils at the schools in qualifications to which this Part applies.

4 Ofqual may at any time require the Secretary of State to provide it with any information which Ofqual considers it necessary or expedient to have for the purposes of, or in connection with, the performance by Ofqual of its duty under subsection (1).

^I77156 Co-operation and joint working¶

1 Ofqual may co-operate or work jointly with another public authority where it is appropriate to do so for the efficient and effective performance of any of Ofqual's qualifications functions.

2 “Public authority” includes any person who performs functions (whether or not in the United Kingdom) which are of a public nature.

3 In this Chapter “qualifications functions” means functions in connection with qualifications to which this Part applies.

^I78157 Power to provide information to qualifications regulators¶

1 Ofqual may provide information to a qualifications regulator for the purpose of enabling or facilitating the performance of a relevant function of the regulator.

2 For the purposes of this section—

a a qualifications regulator is a person who has functions in any part of the United Kingdom which are similar to Ofqual's qualifications functions, and

b a function of a qualifications regulator is a relevant function if it is similar to any of the qualifications functions of Ofqual.

3 Nothing in this section—

a affects any power to disclose information that exists apart from this section, or

b authorises the disclosure of information in contravention of any provision made by or under any Act which prevents disclosure of the information.

General¶

158 Interpretation of Chapter¶

^I791 In this Chapter—

“awarding body” has the meaning given by section 132;
“entry and inspection condition” has the meaning given by section 135;
“fee capping condition” has the meaning given by section 135;
^F260...
“number of hours of guided learning”, in relation to a form of a qualification, has the meaning given by section 145;
“qualifications functions” has the meaning given by section 156;
“recognised body” has the meaning given by section 132;

a “recognition” has the meaning given by section 132.

^I802 For the purposes of this Chapter a qualification is subject to the accreditation requirement if a determination by Ofqual that the qualification, or a description of qualification which applies to the qualification, is to be subject to that requirement has effect under section 138.

3 For the purposes of this Chapter a qualification is relevant for 2008 Act purposes if it falls within section 145(9).

Chapter 3 Functions in relation to assessment arrangements¶

Development etc. of regulated assessment arrangements¶

159 NC assessment arrangements: duty to consult Ofqual etc.¶

^I811 Section 87 of the Education Act 2002 (c. 32) (establishment of the National Curriculum for England by order) is amended as follows.

^I812 Before subsection (7) insert—

^I823 After subsection (8) insert—

4 After subsection (12) (as inserted by paragraph 35 of Schedule 12) insert—

160 EYFS assessment arrangements: duty to consult Ofqual etc.¶

^I831 Section 42 of the Childcare Act 2006 (c. 21) (further provisions about assessment arrangements) is amended as follows.

^I832 Before subsection (1) insert—

^I843 After subsection (3) insert—

4 After subsection (6A) (as inserted by paragraph 40 of Schedule 12) insert—

Review etc. of regulated assessment arrangements¶

^I85161 Review of regulated assessment arrangements¶

1 Ofqual must keep under review all aspects of NC assessment arrangements.

2 Ofqual must keep under review all aspects of EYFS assessment arrangements.

^I86162 Powers to require information¶

1 Ofqual may at any time require a person falling within subsection (2) to provide it with any information which Ofqual considers it necessary or expedient to have for the purposes of, or in connection with, the performance by Ofqual of its function under section 161(1).

2 The persons are—

a the Secretary of State;

b an NC responsible body;

c Her Majesty's Chief Inspector of Education, Children's Services and Skills;

d any other person specified or of a description specified in regulations.

3 Ofqual may at any time require a person falling within subsection (4) to provide it with any information which Ofqual considers it necessary or expedient to have for the purposes of, or in connection with, the performance by Ofqual of its function under section 161(2).

4 The persons are—

a the Secretary of State;

b an EYFS responsible body;

c Her Majesty's Chief Inspector of Education, Children's Services and Skills;

d any other person specified or of a description specified in regulations.

5 In this Chapter—

“EYFS responsible body” means a person who under or by virtue of an order made under section 39(1)(a) of the Childcare Act 2006 (c. 21) has functions in relation to the development, implementation or monitoring of EYFS assessment arrangements;
“NC responsible body” means a person who under or by virtue of an order made under section 87(3)(c) of the Education Act 2002 (c. 32) has functions in relation to the development, implementation or monitoring of NC assessment arrangements.

^I87163 Duty to notify significant failings¶

1 If it appears to Ofqual that there is or is likely to be a significant failing in NC assessment arrangements Ofqual must notify—

a the Secretary of State, and

b any NC responsible body whose act or omission appears to Ofqual to have contributed to the significant failing.

2 If it appears to Ofqual that there is or is likely to be a significant failing in EYFS assessment arrangements Ofqual must notify—

a the Secretary of State, and

b any EYFS responsible body whose act or omission appears to Ofqual to have contributed to the significant failing.

3 There is a significant failing in NC assessment arrangements or (as the case may be) EYFS assessment arrangements if, as a result of the way in which the arrangements are being developed or implemented, they fail in a significant way to achieve one or more of the specified purposes of the arrangements.

Regulatory frameworks¶

^I88164 NC assessments regulatory framework¶

1 Ofqual must prepare and publish a document (“the NC assessments regulatory framework”) which—

a contains a description of how Ofqual intends to perform its function under section 161(1), and

b gives guidance to NC responsible bodies about the performance of their functions in relation to NC assessment arrangements.

2 Ofqual—

a may revise the NC assessments regulatory framework, and

b if it does so, it must publish the revised version.

3 Before publishing the NC assessments regulatory framework or a revised version of it, Ofqual must consult—

a the Secretary of State, and

b such NC responsible bodies and other persons as it considers appropriate.

4 An NC responsible body must have regard to the NC assessments regulatory framework in performing its functions in relation to NC assessment arrangements.

^I89165 EYFS assessments regulatory framework¶

1 Ofqual must prepare and publish a document (“the EYFS assessments regulatory framework”) which—

a contains a description of how Ofqual intends to perform its function under section 161(2), and

b gives guidance to EYFS responsible bodies about the performance of their functions in relation to EYFS assessment arrangements.

2 Ofqual—

a may revise the EYFS assessments regulatory framework, and

b if it does so, it must publish the revised version.

3 Before publishing the EYFS assessments regulatory framework or a revised version of it, Ofqual must consult—

a the Secretary of State, and

b such EYFS responsible bodies and other persons as it considers appropriate.

4 An EYFS responsible body must have regard to the EYFS assessments regulatory framework in performing its functions in relation to EYFS assessment arrangements.

General¶

^I90166 Interpretation of Chapter¶

In this Chapter—

“EYFS assessment arrangements” has the meaning given by section 131;
“EYFS responsible body” has the meaning given by section 162;
“NC assessment arrangements” has the meaning given by section 131;
“NC responsible body” has the meaning given by section 162.

Chapter 4 Other functions¶

^I91167 Provision of services¶

1 Ofqual may, in connection with any of its functions, provide services to any person (whether or not in the United Kingdom).

2 Services provided by virtue of this section may be provided on such terms and subject to such conditions (if any) as Ofqual may determine.

3 Ofqual may charge a fee for, or in connection with, any service provided by virtue of this section.

^I92168 Provision of information or advice¶

1 If requested to do so by the Secretary of State, Ofqual must provide the Secretary of State with information or advice on such matters relating to any of its functions as may be specified in the request.

^F2612 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I93169 Research and development¶

1 Ofqual may carry out programmes of research and development for purposes connected with—

a qualifications to which this Part applies, or

b regulated assessment arrangements.

2 Ofqual may commission, co-ordinate or facilitate the carrying out of programmes of research and development for the purposes mentioned in subsection (1).

^I94170 Duty not to impose or maintain unnecessary burdens¶

1 Ofqual must keep its regulatory functions under review.

2 Ofqual must secure that in performing any of its regulatory functions it does not—

a impose burdens which it considers to be unnecessary, or

b maintain burdens which it considers to have become unnecessary.

3 Subsection (2) does not require the removal of a burden which has become unnecessary where its removal would, having regard to all the circumstances, be impracticable or disproportionate.

4 Ofqual must publish a statement setting out—

a what it proposes to do pursuant to subsections (1) and (2) in the period to which the statement relates,

b (except in the case of the first statement published under this section) what it has done pursuant to subsections (1) and (2) since the previous statement was published under this section, and

c where a burden which has become unnecessary is maintained pursuant to subsection (3), the reasons why the removal of the burden would, having regard to all the circumstances, be impracticable or disproportionate.

5 The first statement published under this section—

a must be published as soon as reasonably practicable after the commencement of section 127, and

b is to be a statement for the period of 12 months beginning with the day of its publication.

6 A subsequent statement published under this section—

a must be published during the period to which the previous statement related or as soon as reasonably practicable after the end of that period, and

b must be a statement for the period of 12 months beginning with the end of the period to which the previous statement related.

7 Ofqual must, in performing any of its regulatory functions during a period for which a statement is in force under this section, have regard to the statement.

8 In this section “regulatory function” has the same meaning as in the Legislative and Regulatory Reform Act 2006 (c. 51) (see section 32 of that Act).

^I95171 Annual and other reports¶

1 As soon as reasonably practicable after the end of each reporting period Ofqual must prepare and publish a report for the period (“the annual report”).

2 The annual report must include—

a a statement of what Ofqual has done in performing its functions in the reporting period;

b an assessment of the extent to which Ofqual has met its objectives in that period;

c details of any information obtained by Ofqual in that period on the levels of attainment in relevant regulated qualifications.

3 “Relevant regulated qualifications” are regulated qualifications that are taken wholly or mainly by pupils at schools in England.

4 An assessment under subsection (2)(b) in respect of the qualifications standards objective must in particular explain how, in making the assessment, Ofqual has taken account of any information within subsection (2)(c) obtained in the reporting period or an earlier reporting period.

5 If arrangements of the kind mentioned in section 150(2) (arrangements for referral of complaints to an independent party) were in place during the reporting period, the annual report must include a description of the activities of the independent party during the reporting period.

6 Ofqual must—

a lay a copy of each annual report before Parliament;

^F262b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 Ofqual may prepare and publish other reports on matters relating to its functions.

8 If Ofqual prepares and publishes a report under subsection (7) it may—

a lay a copy of the report before Parliament;

^F263b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9 Ofqual may comply with subsection (1) by preparing and publishing a single document or separate documents ^F264....

10 In this section “reporting period” means—

a the period (being not longer than 12 months) beginning with the day on which section 127 comes into force and ending on such date as Ofqual decides;

b each successive period of 12 months.

Chapter 5 General¶

^I96172 Interpretation of Part¶

1 In this Part—

“institution within the higher education sector”—
1. in relation to England, has the same meaning as in the Education Act 1996 (c. 56) (see section 4(4) of that Act);
2. ^F265...
“Ofqual” means the Office of Qualifications and Examinations Regulation;
“qualification to which this Part applies” has the meaning given by section 130;
“regulated assessment arrangements” has the meaning given by section 131;
“regulated qualification” has the meaning given by section 130;
“the specified purposes”, in relation to regulated assessment arrangements, has the meaning given by section 131.

2 In this Part a reference to the award or authentication of a qualification includes a reference to—

a the award or authentication of credits in respect of components of a qualification, and

b the award or authentication of a qualification by a body either alone or jointly with others.

3 In this Part a reference to recognition, or being recognised, in respect of a qualification is a reference to recognition, or being recognised, under section 132 in respect of the award or authentication of the qualification or of a description of qualification which applies to the qualification.

^F55173 Transfer schemes¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I97^I303174 Minor and consequential amendments¶

Schedule 12 contains minor and consequential amendments relating to the provision made by this Part (and Part 8).

Part 8 The Qualifications and Curriculum Development Agency¶

Chapter 1 The QCDA, objective and general duties¶

The QCDA¶

^F104175 The Qualifications and Curriculum Development Agency¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Objective and general duties¶

^F104176 Objective¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F104177 General duties¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 2 Functions in relation to qualifications¶

^F104178 Qualifications within the QCDA's remit¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F104179 Qualifications: general functions¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F104180 Assistance etc. in relation to qualifications functions of Ofqual¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 3 Functions in relation to curriculum, Early Years Foundation Stage and assessment¶

^F104181 Curriculum¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F104182 Early learning goals and educational programmes¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F104183 Assessment arrangements¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 4 Other functions and supplementary provision¶

Other functions¶

^F104184 Provision of services or other assistance¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F104185 Provision of information or advice¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F104186 Ancillary activities¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F104187 Co-operation and joint working¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F104188 Power to confer supplementary functions on the QCDA¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provision¶

^F104189 Directions etc. by the Secretary of State¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F104190 Guidance by the Secretary of State¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 5 General¶

^F104191 Interpretation of Part¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I98^I304192 Minor and consequential amendments¶

Schedule 12 contains minor and consequential amendments relating to the provision made by this Part (and by Part 7).

Part 9 Children's services¶

Co-operation to improve well-being of children¶

193 Arrangements to promote co-operation¶

^I71 Section 10 of the Children Act 2004 (c. 31) (co-operation to improve well-being) is amended as set out in subsections (2) to (5).

2 In subsection (4)—

^I7a after paragraph (f) insert—

;

^I168b omit paragraph (g).

^I73 After subsection (5) insert—

^I74 Omit subsections (6) and (7).

^I75 After subsection (9) insert—

10 In deciding for the purposes of subsection (4)(fd) whether the main site of an institution within the further education sector is situated within the area of a children's services authority, the authority and the governing body of the institution must have regard to any guidance given to them by the Secretary of State.

11 In this section—

“governing body”, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992;
“institution within the further education sector” has the meaning given by section 4(3) of the Education Act 1996;
“maintained school” has the meaning given by section 39(1) of the Education Act 2002;
“proprietor”, in relation to a city technology college, city college for the technology of the arts, Academy or other school, means the person or body of persons responsible for its management;
“relevant payment”, in relation to a fund, means a payment in respect of expenditure incurred, by a relevant person or body contributing to the fund, in the exercise of its functions;
“relevant person or body” means—
1. a children's services authority in England;
2. a relevant partner of a children's services authority in England.

194 Children's Trust Boards¶

^I50^I1691 Part 2 of the Children Act 2004 (c. 31) (children's services in England) is amended as set out in subsections (2) to (5).

^I50^I1692 After section 12 insert—

Children's Trust Boards

12A Establishment of CTBs

1 Arrangements made by a local authority in England under section 10 must include arrangements for the establishment of a Children's Trust Board for their area.

2 A Children's Trust Board must include a representative of each of the following—

a the establishing authority;

b each of the establishing authority's relevant partners (subject to subsection (4)).

3 A Children's Trust Board may also include any other persons or bodies that the establishing authority, after consulting each of their relevant partners, think appropriate.

4 A Children's Trust Board need not include any of the establishing authority's relevant partners who are of a description prescribed by regulations made by the Secretary of State.

5 Subsection (2) does not require a Children's Trust Board to include a separate representative for each of the persons or bodies mentioned in subsection (2)(a) and (b).

6 Where two or more local authorities jointly make arrangements under section 10 for the establishment of a Children's Trust Board, references in sections 12B and 17 to the area of the authority that established the Board are to be read as references to an area consisting of the combined areas of those authorities.

7 For the purposes of this section and sections 12B and 12C—

a “the establishing authority”, in relation to a Children's Trust Board, is the local authority that establishes the Board;

b a person or body is a “relevant partner” of a local authority if it is a relevant partner of the authority for the purposes of section 10.

12B Functions and procedures of CTBs

1 The functions of a Children's Trust Board are—

a those conferred by or under section 17 or 17A (children and young people's plans);

b any further functions conferred by regulations made by the Secretary of State.

2 Regulations under subsection (1)(b) may confer a function on a Children's Trust Board only if the function relates to improving the well-being of children or relevant young persons in the area of the establishing authority.

3 In subsection (2) “well-being” means well-being so far as relating to one or more of the matters specified in section 10(2)(a) to (e).

4 A Children's Trust Board must have regard to any guidance given to it by the Secretary of State in connection with—

a the procedures to be followed by it;

b the exercise of its functions.

5 In this section “relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made.

12C Funding of CTBs

1 The establishing authority and any of their relevant partners represented on a Children's Trust Board may make payments towards expenditure incurred by, or for purposes connected with, the Board—

a by making the payments directly; or

b by contributing to a fund out of which the payments may be made.

2 The establishing authority and any of their relevant partners represented on a Children's Trust Board may provide staff, goods, services, accommodation or other resources for purposes connected with the functions of the Board.

3 Two or more Children's Trust Boards may establish and maintain a pooled fund for the purposes of any of their functions.

4 A pooled fund is a fund—

a which is made up of contributions by the Boards concerned, and

b out of which payments may be made towards expenditure incurred in the discharge of functions of any of the Boards.

12D Supply of information to CTBs

1 A person or body represented on a Children's Trust Board must supply to the Board any information requested by the Board for the purpose of enabling or assisting it to perform its functions.

2 Information supplied to a Children's Trust Board under this section may be used by the Board only for the purpose of enabling or assisting it to perform its functions.

3 Information requested under subsection (1) must be information that relates to—

a the person or body to whom the request is made;

b a function of that person or body, or

c a person in respect of whom a function is exercisable by that person or body.

^I50^I1693 For section 17 substitute—

17 Children and young people's plans

1 The Secretary of State may by regulations require a Children's Trust Board established by virtue of arrangements under section 10 from time to time to prepare and publish a children and young people's plan.

2 A children and young people's plan is a plan setting out the strategy of the persons or bodies represented on the Board for co-operating with each other with a view to improving the well-being of children and relevant young persons in the area of the authority that established the Board.

3 In subsection (2) “well-being” means well-being so far as relating to the matters specified in section 10(2)(a) to (e).

4 Regulations under this section may in particular make provision as to—

a the matters to be dealt with in a children and young people's plan;

b the period to which a children and young people's plan is to relate;

c when and how a children and young people's plan must be published;

d keeping a children and young people's plan under review;

e revising a children and young people's plan;

f consultation to be carried out during preparation or revision of a children and young people's plan;

g other steps required or permitted to be taken in connection with the preparation or revision of a children and young people's plan.

5 In this section “relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made.

17A Children and young people's plans: implementation

1 This section applies where a Children's Trust Board prepares a children and young people's plan in accordance with regulations under section 17.

2 The persons and bodies whose strategy for co-operation is set out in the plan must have regard to the plan in exercising their functions.

3 The Board must—

a monitor the extent to which the persons and bodies whose strategy for co-operation is set out in the plan are acting in accordance with the plan;

b prepare and publish an annual report about the extent to which, during the year to which the report relates, those persons and bodies have acted in accordance with the plan.

^I1704 In section 18(2) (functions of local authority exercisable by director of children's services) in paragraph (d) for “and 17” substitute “ , 12C, 12D and 17A ”.

^I1705 In section 23(3) (sections 20 to 22: meaning of “children's services”) in paragraph (b) for “13” substitute “ 12B ”.

^I1706 In section 50(2) of the Children Act 2004 (c. 31) (intervention: relevant functions) in paragraph (c) for “and 17” substitute “ , 12C, 12D and 17A ”.

^I1707 In section 66(3) of that Act (regulations and orders subject to affirmative procedure) after “12” insert “ , 12B(1)(b) ”.

^I1708 In section 47A of the School Standards and Framework Act 1998 (schools forums)—

a after subsection (3) insert—

;

b after subsection (9) insert—

^I1709 In section 21 of the Education Act 2002 (c. 32)—

a in subsection (9) for paragraph (a) (but not the “and” immediately after it) substitute—

;

b after subsection (9) insert—

Safeguarding and promoting the welfare of children¶

^I8195 Targets for safeguarding and promoting the welfare of children¶

1 Before section 10 of the Children Act 2004 (c. 31) insert—

9A Targets for safeguarding and promoting the welfare of children

1 The Secretary of State may, in accordance with regulations, set safeguarding targets for a children's services authority in England.

2 The regulations may, in particular—

a make provision about matters by reference to which safeguarding targets may, or must, be set;

b make provision about periods to which safeguarding targets may, or must, relate;

c make provision about the procedure for setting safeguarding targets;

d specify requirements with which a children's services authority in England must comply in connection with the setting of safeguarding targets.

3 In exercising their functions, a children's services authority in England must act in the manner best calculated to secure that any safeguarding targets set under this section (so far as relating to the area of the authority) are met.

4 “Safeguarding targets”, in relation to a children's services authority in England, are targets for safeguarding and promoting the welfare of children in the authority's area.

2 In section 66 of that Act (regulations and orders)—

a in subsection (4) after “containing” insert “ the first regulations under section 9A or ”;

b in subsection (5)(a) for “to which subsection (3) does not apply” substitute “ to which neither of subsections (3) and (4) applies ”.

3 In Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (social services functions) in the entry relating to the Children Act 2004—

a in the first column, after “Sections” insert “ 9A, ”;

b in the second column, after “to” insert “ targets for safeguarding and promoting the welfare of children, and to ”.

^I171196 Local Safeguarding Children Boards: lay members¶

1 Part 2 of the Children Act 2004 is amended as follows.

2 In section 13 (establishment of LSCBs) after subsection (5) insert—

3 In section 14 (functions and procedures of LSCBs) in subsection (1)(a) after “the Board” insert “ by virtue of section 13(2), (4) or (5) ”.

^I172197 Local Safeguarding Children Boards: annual reports¶

After section 14 of the Children Act 2004 (c. 31) insert—

Children's centres¶

198 Arrangements for children's centres¶

In Part 1 of the Childcare Act 2006 (c. 21) (functions of local authorities in England in relation to children) after section 5 insert—

Children's centres

5A Arrangements for provision of children's centres

1 Arrangements made by an English local authority under section 3(2) must, so far as is reasonably practicable, include arrangements for sufficient provision of children's centres to meet local need.

2 “Local need” is the need of parents, prospective parents and young children in the authority's area.

3 In determining what provision of children's centres is sufficient to meet local need, an authority may have regard to any children's centres—

a that are provided outside the authority's area, or

b that the authority expect to be provided outside their area.

4 For the purposes of this Part and Part 3A a “children's centre” is a place, or a group of places—

a which is managed by or on behalf of, or under arrangements made with, an English local authority, with a view to securing that early childhood services in their area are made available in an integrated manner,

b through which each of the early childhood services is made available, and

c at which activities for young children are provided, whether by way of early years provision or otherwise.

5 For the purposes of this section, a service is made available—

a by providing the service, or

b by providing advice and assistance to parents and prospective parents on gaining access to the service.

6 Guidance given under section 3(6) in respect of arrangements made under section 3(2) by virtue of subsection (1) of this section may, in particular, relate to—

a circumstances in which any early childhood services should be made available through children's centres as mentioned in subsection (5)(a);

b circumstances in which any early childhood services should be made available through children's centres as mentioned in subsection (5)(b).

7 A children's centre provided by virtue of arrangements made by an English local authority under section 3(2) is to be known as a Sure Start Children's Centre.

5B Children's centres: staffing, organisation and operation

1 Regulations may make provision about the staffing, organisation and operation of children's centres.

2 The regulations may in particular—

a require English local authorities to secure that children's centres have governing bodies;

b impose obligations and confer powers on any such governing bodies.

5C Children's centres: advisory boards

1 This section applies where arrangements made by an English local authority under section 3(2) include arrangements for the provision of one or more children's centres.

2 The authority must make arrangements to secure that each of the children's centres is within the remit of an advisory board.

3 A children's centre is within the remit of an advisory board if it is specified in relation to the board by the responsible authority.

4 An advisory board must provide advice and assistance for the purpose of ensuring the effective operation of the children's centres within its remit.

5 An advisory board must include persons representing the interests of—

a each children's centre within its remit;

b the responsible authority;

c parents or prospective parents in the responsible authority's area.

6 An advisory board may also include persons representing the interests of any other persons or bodies that the responsible authority think appropriate.

7 In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

8 The guidance may in particular relate to—

a the membership of advisory boards;

b the organisation and operation of advisory boards.

9 The “responsible authority”, in relation to an advisory board in respect of which arrangements have been made under subsection (2), is the authority that made the arrangements.

5D Children's centres: consultation

1 An English local authority must secure that such consultation as they think appropriate is carried out—

a before making arrangements under section 3(2) for the provision of a children's centre;

b before any significant change is made in the services provided through a relevant children's centre;

c before anything is done that would result in a relevant children's centre ceasing to be a children's centre.

2 In discharging their duty under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

3 For the purposes of this section a change in the manner in which, or the location at which, services are provided is to be treated as a change in the services.

4 A “relevant children's centre”, in relation to an authority, is a children's centre provided by virtue of arrangements made by the authority under section 3(2).

5E Duty to consider providing services through a children's centre

1 This section applies where arrangements made by an English local authority under section 3(2) include arrangements for the provision of one or more children's centres.

2 The authority must consider whether each of the early childhood services to be provided by them should be provided through any of those children's centres.

3 Each relevant partner of the authority must consider whether each of the early childhood services to be provided by it in the authority's area should be provided through any of those children's centres.

4 In discharging their duties under this section, the authority and each relevant partner must take into account whether providing a service through any of the children's centres in question would—

a facilitate access to it, or

b maximise its benefit to parents, prospective parents and young children.

5 In discharging their duties under this section, an English local authority and each of their relevant partners must have regard to any guidance given from time to time by the Secretary of State.

6 For the purposes of this section, early childhood services are provided by a person or body if they are provided on behalf of, or under arrangements made with, that person or body.

7 For the avoidance of doubt, nothing in this section is to be taken as preventing an English local authority or any of their relevant partners from providing early childhood services otherwise than through a children's centre.

5F Children's centres: transitional provision

1 This section applies if immediately before the commencement date an English local authority has made arrangements for the provision of a children's centre.

2 To the extent that this would not otherwise be the case, the arrangements are to be treated for the purposes of this Part and Part 3A as made under section 3(2).

3 “The commencement date” is the day on which section 198 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.

5G Children's centres: interpretation

In sections 5A to 5F—

“children's centre” has the meaning given by section 5A(4);
“early childhood services” has the same meaning as in section 3;
“parent” and “prospective parent” have the same meaning as in section 2;
“relevant partner” has the same meaning as in section 4.

199 Inspection of children's centres¶

After Part 3 of the Childcare Act 2006 (c. 21) (regulation of provision of childcare in England) insert—

Part 3AInspection of children's centres

98A Inspections

1 The Chief Inspector must—

a inspect a children's centre at such intervals as may be prescribed;

b inspect a children's centre at any time when the Secretary of State requires the Chief Inspector to secure its inspection.

2 The Chief Inspector may inspect a children's centre at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.

3 Regulations may provide that in prescribed circumstances the Chief Inspector is not required to inspect a children's centre at an interval prescribed for the purposes of subsection (1)(a).

4 A requirement made by the Secretary of State as mentioned in subsection (1)(b) may be imposed in relation to—

a children's centres generally;

b a class of children's centres;

c a particular children's centre.

5 For the purposes of subsection (4)(b) a class of children's centres may be described, in particular, by reference to a geographical area.

6 If the Chief Inspector so elects in the case of an inspection falling within subsection (1)(b) or (2), that inspection is to be treated as if it were an inspection falling within subsection (1)(a).

98B Reports

1 After conducting an inspection of a children's centre under section 98A, the Chief Inspector must make a report in writing.

2 The report must address the centre's contribution to—

a facilitating access to early childhood services by parents, prospective parents and young children;

b maximising the benefit of those services to parents, prospective parents and young children;

c improving the well-being of young children.

3 Regulations may make provision, for the purposes of subsection (2), about—

a matters required to be dealt with in the report;

b matters not required to be dealt with in the report.

4 The regulations may, in particular, require the matters dealt with in the report to include matters relating to the quality of the leadership and management of the centre, including whether the financial resources made available to it are managed effectively.

5 The Chief Inspector—

a may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy;

b must ensure that a copy of the report is sent without delay to the relevant local authority;

c may arrange for the report (or parts of it) to be further published in any manner the Chief Inspector considers appropriate.

6 For the purposes of this section and section 98C, the “relevant local authority”, in relation to a children's centre, is the English local authority that made the arrangements under section 3(2) by virtue of which the centre is provided.

98C Action to be taken by local authority on receiving report

1 This section applies where a copy of a report relating to a children's centre is sent to the relevant local authority under section 98B(5)(b).

2 The authority may—

a send a copy of the report (or parts of it) to any person they think appropriate;

b otherwise publish the report (or parts of it) in any manner they think appropriate.

3 The authority must secure that a written statement within subsection (4) is prepared and published.

4 A statement within this subsection is one setting out—

a the action that each relevant person proposes to take in the light of the report, and

b the period within which each relevant person proposes to take that action.

5 For the purposes of this section and section 98D, each of the following is a relevant person in relation to a children's centre—

a the relevant local authority;

b any person or body, other than the relevant local authority, managing the centre.

6 In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

98D Inspections of children's centres: powers of entry

1 The Chief Inspector may, at any reasonable time, enter any relevant premises in England for the purpose of conducting an inspection of a children's centre under section 98A.

2 “Relevant premises”, for the purposes of subsection (1), are—

a premises on which services or activities are being provided through the children's centre;

b premises of a relevant person which are used in connection with the staffing, organisation or operation of the children's centre.

3 But premises used wholly or mainly as a private dwelling are not relevant premises for the purposes of subsection (1).

4 An authorisation given by the Chief Inspector under paragraph 9(1) of Schedule 12 to the Education and Inspections Act 2006 in relation to functions under subsection (1)—

a may be given for a particular occasion or period;

b may be given subject to conditions.

5 Subject to any conditions imposed under subsection (4)(b), subsections (6) to (8) apply where a person (“the inspector”) enters premises under this section.

6 The inspector may—

a inspect the premises;

b take measurements and photographs or make recordings;

c inspect any children for whom activities are provided on the premises, and the arrangements made for their welfare;

d interview in private any person working on the premises who consents to be interviewed.

7 The inspector may inspect, and take copies of, any records or documents relating to—

a the services or activities provided through the children's centre;

b the staffing, organisation or operation of the children's centre.

8 The inspector may require a person to afford such facilities and assistance, with respect to matters within the person's control, as are necessary to enable the inspector to exercise the powers conferred by this section.

9 Section 58 of the Education Act 2005 (inspection of computer records) applies for the purposes of this section as it applies for the purposes of Part 1 of that Act.

10 In this section “documents” and “records” each include information recorded in any form.

98E Obstruction of power of entry, etc.

1 A person commits an offence if the person intentionally obstructs another person exercising a power under section 98D.

2 A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

98F Power of constable to assist in exercise of power of entry

1 The Chief Inspector may apply to a court for a warrant under this section.

2 Subsection (3) applies if on an application under subsection (1) it appears to the court that the Chief Inspector—

a has attempted to exercise a power conferred by section 98D but has been prevented from doing so, or

b is likely to be prevented from exercising any such power.

3 The court may issue a warrant authorising any constable to assist the Chief Inspector in the exercise of the power, using reasonable force if necessary.

4 A warrant under this section must be addressed to, and executed by, a constable.

5 Schedule 11 to the Children Act 1989 (jurisdiction of courts) applies in relation to proceedings under this section as if they were proceedings under that Act.

6 Subject to any provision made (by virtue of subsection (5)) by or under Schedule 11 to the Children Act 1989, “court” in this section means—

a the High Court;

b a county court;

c a magistrates' court.

98G Inspection of children's centres: interpretation

In sections 98A to 98F—

“the Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;
“children's centre” has the meaning given by section 5A(4);
“relevant partner” has the same meaning as in section 4.

200 Children's centres: safeguarding children¶

In paragraph 3(1) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (c. 47) (regulated activities relating to children: establishments) after paragraph (f) insert—

Arrangements in respect of early childhood services¶

201 Arrangements in respect of early childhood services¶

In section 3 of the Childcare Act 2006 (c. 21) (specific duties of local authority in relation to early childhood services) after subsection (4) insert—

Early years provision: budgetary framework¶

202 Free of charge early years provision: budgetary framework: England¶

^I91 The School Standards and Framework Act 1998 (c. 31) is amended as follows.

^I92 In section 45A (determination of specified budgets of local authority), after subsection (4A) insert—

^I3113 After section 47 (determination of school's budget share) insert—

47ZA Free of charge early years provision outside a maintained school: budgetary framework: England

1 This section applies where a local authority in England propose to allocate an amount of relevant financial assistance to a relevant childcare provider for a funding period out of the authority's individual schools budget for the period.

2 The amount to be allocated is to be determined in accordance with regulations.

3 Financial assistance provided by a local authority in England to a childcare provider is “relevant” financial assistance if it is provided—

a for the purpose of the discharge of the authority's duty under section 7 of the Childcare Act 2006, and

b in respect of the provision of childcare.

4 Regulations under this section may, in particular—

a specify factors or criteria which an authority are to take into account in determining the amount of any relevant financial assistance to be provided by them to a relevant childcare provider;

b specify factors or criteria which an authority are to disregard in determining such an amount;

c specify requirements as to other matters with which an authority are to comply in determining such an amount;

d make provision about consultation to be carried out by an authority in connection with determining such an amount;

e authorise an authority, in prescribed circumstances and to a prescribed extent, to determine such an amount in accordance with arrangements approved by the Secretary of State (instead of in accordance with arrangements provided for by the regulations);

f require an authority to provide relevant childcare providers with prescribed information relating to their determination of such an amount;

g make provision about the circumstances in which an authority are required to redetermine such an amount;

h specify a time by which an authority's determination of such an amount is to take place.

5 For the purposes of this section—

a “childcare” has the meaning given in section 18 of the Childcare Act 2006;

b “relevant childcare provider” means a provider of childcare other than the governing body of a maintained school;

c a reference to an authority's determination of the amount of any relevant financial assistance includes a reference to the authority's redetermination of such an amount.

Part 10 Schools¶

Chapter 1 Schools causing concern¶

Schools causing concern: England¶

^I10203 Powers in relation to schools causing concern: England¶

Schedule 13 makes provision in relation to schools causing concern in England.

^I11204 Power to require local authorities in England to obtain advisory services¶

1 Section 62A of the Education Act 2002 (power of Secretary of State to require local authorities in England to obtain advisory services) is amended as follows.

2 After subsection (1) insert—

1A This section also applies where it appears to the Secretary of State that—

a a local authority in England maintain a disproportionate number of low-performing schools, and

b the authority—

i have not been effective or are unlikely to be effective in securing an improvement in the standards of performance of pupils at those schools, or

ii are unlikely to be effective in securing an improvement in the standards of performance of pupils at other schools which may in the future be low-performing schools.

1B In subsection (1A) “low-performing school” means a school at which the standards of performance of pupils are unacceptably low.

1C For the purposes of subsection (1B) the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following—

a the standards that the pupils might in all the circumstances reasonably be expected to attain;

b where relevant, the standards previously attained by them;

c the standards attained by pupils at comparable schools.

3 In subsection (4) after “section” insert—

“ “pupil” has the same meaning as in the Education Act 1996 (see sections 3 and 19(5) of that Act);”.

Schools causing concern: Wales¶

^F135205 Powers in relation to schools causing concern: Wales¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 2 Complaints: England¶

^F115206 Complaints to which this Chapter applies¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115207 Power of Local Commissioner to investigate complaint¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115208 Time-limit etc for making complaint¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115209 Procedure in respect of investigations¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115210 Investigations: further provisions¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115211 Statements about investigations¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115212 Adverse findings notices¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115213 Publication of statements etc. by Local Commissioner¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115214 Disclosure of information¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115215 Permitted disclosures of information by Local Commissioner¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115216 Law of defamation¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115217 Consultation with Parliamentary Commissioner for Administration¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115218 Arrangements etc. to be made by Commission¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115219 Annual reports¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115220 Secretary of State's power of direction¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115221 Disapplication of certain powers of Secretary of State¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115222 Power to amend meaning of “qualifying school”¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115223 Amendments consequential on Chapter 2¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115224 Interpretation of Chapter 2¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 3 Inspections¶

^I12^I173225 Interim statements¶

1 The Education Act 2005 (c. 18) is amended as follows.

2 After section 10 insert—

"10A Interim statements between inspections

1 The Chief Inspector may make a statement (an “interim statement”) about a school in England to which section 5 applies.

2 An interim statement is a statement—

a that the Chief Inspector is of the opinion that it is not necessary for the school to be inspected under section 5 for at least a year after the date on which the statement is made,

b setting out the Chief Inspector's reasons for forming that opinion, and

c containing such other information (if any) as the Chief Inspector considers appropriate.

3 The Chief Inspector may arrange for an interim statement to be published in such manner as the Chief Inspector considers appropriate.

4 Section 151 of the Education and Inspections Act 2006 (publication of inspection reports: privilege and electronic publication) applies in relation to an interim statement as it applies in relation to a report.

3 In the italic heading before section 14 after “reports” insert “ and interim statements ”.

4 After section 14 insert—

14A Destination of interim statements: maintained schools

1 The Chief Inspector must ensure that a copy of any interim statement about a maintained school is sent without delay to the appropriate authority for the school.

2 The Chief Inspector must ensure that copies of the statement are sent—

a to the head teacher of the school,

b to whichever of the local authority and the governing body are not the appropriate authority, and

c in the case of a school having foundation governors, to the person who appoints them and (if different) to the appropriate appointing authority.

3 If the school provides full-time education suitable to the requirements of pupils over compulsory school age, the Chief Inspector must ensure that a copy of the statement is also sent to the Young People's Learning Agency for England.

4 The appropriate authority must—

a make a copy of any statement sent to the authority under subsection (1) available for inspection by members of the public at such times and at such places as may be reasonable,

b provide one copy of the statement free of charge to any person who asks for one, and

c take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement within such period following receipt of the statement by the authority as may be prescribed.

5 In the italic heading before section 16 after “reports” insert “ and interim statements ”.

6 After section 16 insert—

16A Destination of interim statements: non-maintained schools

1 The Chief Inspector must ensure that a copy of any interim statement about a school other than a maintained school is sent without delay to the proprietor of the school.

2 In the case of a special school which is not a community or foundation special school, the proprietor must without delay send a copy of any interim statement sent to the proprietor under subsection (1) to any local authority that are paying fees in respect of the attendance of a registered pupil at the school.

3 The proprietor of the school must—

a make any statement sent to the proprietor under subsection (1) available for inspection by members of the public at such times and at such place as may be reasonable,

b provide one copy of the statement free of charge to any person who asks for one, and

7 In section 18 (interpretation of Chapter) after the definition of “the Chief Inspector” insert—

^I13226 Powers of persons providing administrative support in connection with inspections¶

1 Part 2 of Schedule 12 to the Education and Inspections Act 2006 (c. 40) (inspectors etc acting on behalf of Chief Inspector) is amended as follows.

2 In paragraph 9(1) (delegation of functions), after paragraph (c) insert

, (and omit “or” at the end of paragraph (b)).

3 In paragraph 9(2)(a) for “and 11(4)” substitute “ , 11(4) and 11A(3) ”.

4 In paragraph 10(1) (inspectors etc to have necessary qualifications, experience and skills), after paragraph (c) insert

, (and omit “or” at the end of paragraph (b)).

5 After paragraph 11 insert—

Chapter 4 School Support Staff Pay and Conditions: England¶

The SSSNB¶

^F43227 The School Support Staff Negotiating Body¶

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^F43228 Matters within SSSNB's remit¶

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Consideration of matter by SSSNB¶

^F43229 Referral of matter to SSSNB for consideration¶

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^F43230 Consideration of other matters by SSSNB¶

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Powers of Secretary of State on submission of SSSNB agreement¶

^F43231 Agreement submitted by SSSNB under section 229 or 230¶

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Reconsideration by SSSNB¶

^F43232 Reconsideration of agreement by SSSNB¶

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^F43233 SSSNB's submission of agreement following reconsideration: powers of Secretary of State¶

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Powers of Secretary of State in absence of SSSNB agreement¶

^F43234 Powers of Secretary of State in absence of SSSNB agreement¶

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Orders¶

^F43235 Effect of order ratifying SSSNB agreement¶

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^F43236 Effect of order making provision otherwise than in terms of SSSNB agreement¶

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^F43237 Orders: supplementary¶

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Guidance¶

^F43238 Guidance¶

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General¶

^F43239 Non-statutory School Support Staff Negotiating Body¶

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^F43240 “School support staff”¶

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^F43241 General interpretation¶

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Part 11 Learners¶

Power to search for prohibited items¶

^I290242 Power of members of staff to search pupils for prohibited items: England¶

1 After section 550A of the Education Act 1996 (c. 56) insert—

Powers to search pupils

550ZA Power of members of staff to search pupils for prohibited items: England

1 This section applies where a member of staff of a school in England—

a has reasonable grounds for suspecting that a pupil at the school may have a prohibited item with him or her or in his or her possessions; and

b falls within section 550ZB(1).

2 The member of staff may search the pupil (“P”) or P's possessions for that item.

3 For the purposes of this section and section 550ZC each of the following is a “prohibited item”—

a an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);

b an offensive weapon, within the meaning of the Prevention of Crime Act 1953;

c alcohol, within the meaning of section 191 of the Licensing Act 2003;

d a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for P to have in P's possession;

e a stolen article;

f an article of a kind specified in regulations.

4 In subsection (3)(e) “stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 in the provisions of that Act relating to goods which have been stolen.

5 In this section and section 550ZB—

“member of staff”, in relation to a school, means—
1. any teacher who works at the school; and
2. any other person who, with the authority of the head teacher, has lawful control or charge of pupils for whom education is being provided at the school;
“possessions”, in relation to P, includes any goods over which P has or appears to have control.

6 The powers conferred by this section and sections 550ZB and 550ZC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers.

550ZB Power of search under section 550ZA: supplementary

1 A person may carry out a search under section 550ZA only if that person—

a is the head teacher of the school; or

b has been authorised by the head teacher to carry out the search.

2 An authorisation for the purposes of subsection (1)(b) may be given in relation to—

a searches under section 550ZA generally;

b a particular search under that section;

c a particular description of searches under that section.

3 Nothing in any enactment, instrument or agreement shall be construed as authorising a head teacher of a school in England to require a person other than a member of the security staff of the school to carry out a search under section 550ZA.

4 A search under section 550ZA may be carried out only where—

a the member of staff and P are on the premises of the school; or

b they are elsewhere and the member of staff has lawful control or charge of P.

5 A person exercising the power in section 550ZA may use such force as is reasonable in the circumstances for exercising that power.

6 A person carrying out a search of P under section 550ZA—

a may not require P to remove any clothing other than outer clothing;

b must be of the same sex as P;

c may carry out the search only in the presence of another member of staff; and

d must ensure that the other member of staff is of the same sex as P if it is reasonably practicable to do so.

7 P's possessions may not be searched under section 550ZA except in the presence of—

a P; and

b another member of staff.

8 In this section—

“member of the security staff”, in relation to a school, means a member of staff whose work at the school consists wholly or mainly of security-related activities;
“outer clothing” means—
1. any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or
2. a hat, shoes, boots, gloves or a scarf.

550ZC Power to seize items found during search under section 550ZA

1 A person carrying out a search under section 550ZA may seize any of the following found in the course of the search—

a anything which that person has reasonable grounds for suspecting is a prohibited item;

b any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence.

2 A person exercising the power in subsection (1) may use such force as is reasonable in the circumstances for exercising that power.

3 A person who seizes alcohol under subsection (1) may retain or dispose of the alcohol and its container.

4 A person who seizes a controlled drug under subsection (1)—

a must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but

b may dispose of it if the person thinks that there is a good reason to do so.

5 A person who seizes a stolen article under subsection (1)—

a must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but

b may return it to its owner (or, if returning it to its owner is not practicable, may retain it or dispose of it) if the person thinks that there is a good reason to do so.

6 In determining, for the purposes of subsections (4) and (5), whether there is a good reason to dispose of a controlled drug or to return a stolen article to its owner, retain it or dispose of it, the person must have regard to any guidance issued by the Secretary of State.

7 Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 550ZA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article).

8 A person who, under subsection (1), seizes—

a an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);

b an offensive weapon; or

c anything which that person has reasonable grounds for suspecting is evidence in relation to an offence;

must deliver it to a police constable as soon as reasonably practicable.

9 Subsection (8)(c) is subject to subsections (3), (4) and (5) and regulations made under subsection (7).

10 In subsections (3) to (8), references to alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies and an offensive weapon include references to anything which the person has reasonable grounds for suspecting is alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies or an offensive weapon.

550ZD Section 550ZC: supplementary

1 The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 550ZC(4)(a), (5)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.

2 Subsection (3) applies where a person—

a seizes, retains or disposes of alcohol or its container, a controlled drug or a stolen article under section 550ZC; and

b proves that the seizure, retention or disposal was lawful.

3 That person is not liable in any proceedings in respect of—

a the seizure, retention or disposal; or

b any damage or loss which arises in consequence of it.

4 Subsections (2) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections.

5 Regulations under section 550ZC(7) may make provision corresponding to any provision of this section.

2 In section 569 of the Education Act 1996 (c. 56) (regulations)—

a in subsection (2) after “this Act,” insert “ other than one falling within subsection (2A), ”, and

b after subsection (2) insert—

3 In section 94(3) of the Education and Inspections Act 2006 (c. 40) (provision to apply where items confiscated from pupils) before “550AA” insert “ 550ZC or ”.

^I291243 Power of members of staff to search pupils for weapons: Wales¶

1 Section 550AA of the Education Act 1996 (c. 56) (power of members of staff to search pupils for weapons) is amended as follows.

2 At the end of the title insert “ : Wales ”.

3 In each of subsections (1) and (4) after “a school” insert “ in Wales ”.

^I292244 Power of members of staff to search students for prohibited items: England¶

1 After section 85A of the Further and Higher Education Act 1992 (c. 13) insert—

85AA Power of members of staff to search students for prohibited items: England

1 This section applies where a member of staff of an institution within the further education sector in England—

a has reasonable grounds for suspecting that a student at the institution may have a prohibited item with him or her or in his or her possessions; and

b falls within section 85AB(1).

2 The member of staff may search the student (“S”) or S's possessions for that item (but this is subject to subsection (5)).

3 For the purposes of this section and section 85AC each of the following is a “prohibited item”—

a an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);

b an offensive weapon, within the meaning of the Prevention of Crime Act 1953;

c alcohol, within the meaning of section 191 of the Licensing Act 2003;

d a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for S to have in S's possession;

e a stolen article;

f an article of a kind specified in regulations.

5 A member of staff may not under this section search S or S's possessions for alcohol if S is aged 18 or over.

6 In this section and section 85AB—

“member of staff”, in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee;
“possessions”, in relation to S, includes any goods over which S has or appears to have control.

7 The powers conferred by this section and sections 85AB and 85AC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers.

85AB Power of search under section 85AA: supplementary

1 A person may carry out a search under section 85AA only if that person—

a is the principal of the institution; or

b has been authorised by the principal to carry out the search.

2 An authorisation for the purposes of subsection (1)(b) may be given in relation to—

a searches under section 85AA generally;

b a particular search under that section;

c a particular description of searches under that section.

3 Nothing in any enactment, instrument or agreement shall be construed as authorising a principal of an institution within the further education sector in England to require a person other than a member of the security staff of the institution to carry out a search under section 85AA.

4 A search under section 85AA may be carried out only where—

a the member of staff and S are on the premises of the institution; or

b they are elsewhere and the member of staff has lawful control or charge of S.

5 A person exercising the power in section 85AA may use such force as is reasonable in the circumstances for exercising that power.

6 A person carrying out a search of S under section 85AA—

a may not require S to remove any clothing other than outer clothing;

b must be of the same sex as S;

c may carry out the search only in the presence of another member of staff; and

d must ensure that the other member of staff is of the same sex as S if it is reasonably practicable to do so.

7 S's possessions may not be searched under section 85AA except in the presence of—

a S; and

b another member of staff.

8 In this section—

“member of the security staff”, in relation to an institution, means a member of staff whose work at the institution consists wholly or mainly of security-related activities;
“outer clothing” means—
1. any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or
2. a hat, shoes, boots, gloves or a scarf.

85AC Power to seize items found during search under section 85AA

1 A person carrying out a search under section 85AA may seize any of the following found in the course of the search—

a anything which that person has reasonable grounds for suspecting is a prohibited item;

b any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence,

but may not seize alcohol from S under this section where S is aged 18 or over.