UKPGA-2009-22 — Apprenticeships, Skills, Children and Learning Act 2009

preamble

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:—

Part 1

Apprenticeships, study and training

ZA1 — The Institute for Apprenticeships and Technical Education

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ZA2 — General duties

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ZA2A — Oversight

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ZA3 — Provision of advice and assistance to the Secretary of State etc

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ZA4 — Delegation of functions to the Institute by Secretary of State

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ZA5 — Conferral of further functions on the Institute by regulations

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ZA6 — Annual and other reports

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ZA7 — Secretary of State directions where the Institute fails to discharge duties etc

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ZA8 — General provision about directions under Chapters ZA1 and A1

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ZA8A — Interpretation of Chapter ZA1

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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.

(2)

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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.

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.

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

(a)

takes place under an approved English apprenticeship agreement, or

(b)

is an alternative English apprenticeship,

(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).

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.

(2)

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(3)

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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.

A2A — Preparation of apprenticeship standards and assessment plans

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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.

(4)

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

(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),

(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).

A2D — Committee to advise on quality evaluations etc

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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... approve a technical education qualification under this section in respect of one or more occupations for which standards are published under section ZA11.

(2)

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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.

(8)

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(9)

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(10)

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(11)

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(12)

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(13)

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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... 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... 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... 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.

(2)

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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.

(6)

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A2D10 — Directions

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A2D11 — Co-operation between the Institute and Ofqual

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A2E — ... Reviews of published standards and assessment plans

(1)

The Secretary of State must maintain arrangements for the review ... 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.

(2)

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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.

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.

(4)

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

(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,

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

(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,

(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.

A8 — Progress reports

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

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 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.

(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.

(6)

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

(7)

In this section—“apprenticeship agreement” means—an approved English apprenticeship agreement; 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—a public authority, or 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—within six months after the end of each reporting period of the body in the target period.

(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,

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

(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,

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

(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,

(7)

Every local weights and measures authority in England—A report under paragraph (b) must be in such form, and contain such particulars, as the Secretary of State may direct.

(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.

(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—a director, manager, secretary or similar officer of the body, or a person purporting to act in such capacity; 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;...“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.

s. 1 — Meaning of “completing an English apprenticeship”

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

s. 2 — Meaning of “completing a Welsh apprenticeship”

s. 2(1)

This section applies for the purposes of this Chapter.

s. 2(2)

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

s. 2(2)(a)

the standard Welsh completion conditions are met, or

s. 2(2)(b)

the alternative Welsh completion conditions are met.

s. 2(3)

The standard Welsh completion conditions are—

s. 2(3)(a)

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

s. 2(3)(b)

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

s. 2(3)(c)

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

s. 2(3)(d)

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

s. 2(3)(e)

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

s. 2(4)

In subsection (3)(d)—

s. 2(4)(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;

s. 2(4)(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.

s. 2(5)

The alternative Welsh completion conditions are conditions which—

s. 2(5)(a)

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

s. 2(5)(b)

are specified in regulations made by the Welsh Ministers.

s. 2(6)

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

s. 2(6)(a)

working as a self-employed person;

s. 2(6)(b)

working otherwise than for reward.

s. 3 — Duty to issue: England

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

s. 4 — Power to issue: England

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

s. 5 — Issue by the English certifying authority: supplementary

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

s. 6 — The English certifying authority

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

s. 7 — Duty to issue: Wales

s. 7(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—

s. 7(1)(a)

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

s. 7(1)(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

s. 7(1)(c)

the person—

s. 7(1)(c)(i)

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

s. 7(1)(c)(ii)

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

s. 7(2)

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

s. 8 — Power to issue: Wales

s. 8(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—

s. 8(1)(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,

s. 8(1)(b)

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

s. 8(1)(c)

the person—

s. 8(1)(c)(i)

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

s. 8(1)(c)(ii)

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

s. 8(2)

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

s. 9 — Issue by the Welsh certifying authority: supplementary

s. 9(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.

s. 9(2)

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

s. 9(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.

s. 10 — The Welsh certifying authority

s. 10(1)

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

s. 10(1)(a)

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

s. 10(1)(b)

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

s. 10(1)(c)

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

s. 10(2)

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

s. 10(2)(a)

comply with directions given by the Welsh Ministers, and

s. 10(2)(b)

have regard to guidance given by the Welsh Ministers.

s. 10(3)

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

s. 11 — Contents of apprenticeship certificate

s. 11(1)

An apprenticeship certificate must state—

s. 11(1)(a)

the name of the person to whom it is issued,

s. 11(1)(b)

the apprenticeship framework to which it relates,

s. 11(1)(c)

the level of that framework, and

s. 11(1)(d)

the apprenticeship sector to which that framework relates.

s. 11(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.

s. 11(3)

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

s. 12 — Apprenticeship frameworks: interpretation

s. 12(1)

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

s. 12(2)

The requirements specified must—

s. 12(2)(a)

be at a particular level stated in the specification, and

s. 12(2)(b)

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

s. 12(3)

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

s. 12(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).

s. 12(5)

For the purposes of this Chapter—

s. 12(5)(a)

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

s. 12(5)(b)

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

s. 13 — English issuing authority

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

s. 14 — Issue: England

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

s. 15 — Recognised English frameworks: notification and publication

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

s. 16 — Submission of draft framework for issue: England

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

s. 17 — Transitional provision: England

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

s. 18 — Welsh issuing authority

s. 18(1)

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

s. 18(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.

s. 18(3)

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

s. 18(3)(a)

comply with directions given by the Welsh Ministers;

s. 18(3)(b)

have regard to guidance given by the Welsh Ministers.

s. 18(4)

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

s. 18(5)

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

s. 18(5)(a)

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

s. 18(5)(b)

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

s. 19 — Issue: Wales

s. 19(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.

s. 19(2)

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

s. 19(2)(a)

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

s. 19(2)(b)

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

s. 20 — Recognised Welsh frameworks: notification and publication

s. 20(1)

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

s. 20(1)(a)

publish the framework;

s. 20(1)(b)

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

s. 20(2)

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

s. 20(3)

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

s. 20(3)(a)

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

s. 20(3)(b)

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

s. 20(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.

s. 21 — Submission of draft framework for issue: Wales

s. 21(1)

This section applies if a person—

s. 21(1)(a)

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

s. 21(1)(b)

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

s. 21(2)

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

s. 21(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.

s. 22 — Transitional provision: Wales

s. 22(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.

s. 22(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.

s. 22(3)

An order under subsection (1) must—

s. 22(3)(a)

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

s. 22(3)(b)

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

s. 22(3)(c)

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

s. 22(3)(d)

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

s. 22(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.

s. 22(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.

s. 22(6)

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

s. 23 — Duty to prepare and submit draft specification: England

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

s. 24 — Order bringing specification into effect

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

s. 25 — Modification: England

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

s. 26 — Replacement or modification: recognised English frameworks

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

s. 27 — Contents of specification of apprenticeship standards for England

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

s. 28 — Specification of apprenticeship standards for Wales

s. 28(1)

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

s. 28(2)

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

s. 28(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—

s. 28(3)(a)

in the form of the draft, or

s. 28(3)(b)

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

s. 28(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.

s. 28(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.

s. 28(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.

s. 29 — Modification: Wales

s. 29(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.

s. 29(2)

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

s. 30 — Replacement or modification: recognised Welsh frameworks

s. 30(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.

s. 30(2)

An order under section 28 may provide for an apprenticeship framework which—to cease to have effect as a recognised Welsh framework.

s. 30(2)(a)

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

s. 30(2)(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,

s. 31 — Contents of specification of apprenticeship standards for Wales

s. 31(1)

The specification of apprenticeship standards for Wales—

s. 31(1)(a)

must specify requirements to be met by recognised Welsh frameworks,

s. 31(1)(b)

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

s. 31(2)

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

s. 31(2)(a)

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

s. 31(2)(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

s. 31(2)(c)

requirements for a recognised Welsh framework to—

s. 31(2)(c)(i)

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

s. 31(2)(c)(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

s. 31(2)(c)(iii)

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

s. 31(3)

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

s. 31(4)

In this section—“off-the-job training” in relation to a recognised Welsh framework, is training which—is received for the purposes of the skill, trade or occupation to which the framework relates, and 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.

s. 32 — Meaning of “apprenticeship agreement”

s. 32(1)

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

s. 32(2)

The conditions are—

s. 32(2)(a)

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

s. 32(2)(b)

that the agreement is in the prescribed form;

s. 32(2)(c)

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

s. 32(2)(d)

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

s. 32(3)

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

s. 32(3)(a)

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

s. 32(3)(b)

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

s. 32(3)(c)

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

s. 32(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—

s. 32(4)(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;

s. 32(4)(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,

s. 32(4)(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

s. 32(4)(d)

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

s. 32(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.

s. 32(6)

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

s. 32(6)(a)

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

s. 32(6)(b)

a recognised Welsh framework.

s. 33 — Ineffective provisions

s. 33(1)

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

s. 33(2)

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

s. 33(2)(a)

that are included in the agreement, and

s. 33(2)(b)

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

s. 34 — Variation

s. 34(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).

s. 34(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.

s. 34(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.

s. 35 — Status

s. 35(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.

s. 35(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.

s. 35(3)

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

s. 36 — Crown servants and Parliamentary staff

s. 36(1)

Sections 32 to 35 apply in relation to—as they apply in relation to any other agreement under which a person undertakes to work for another.

s. 36(1)(a)

an agreement under which a person undertakes Crown employment,

s. 36(1)(b)

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

s. 36(1)(c)

an agreement under which a person undertakes employment as—

s. 36(1)(c)(i)

a relevant member of the House of Lords staff, or

s. 36(1)(c)(ii)

a relevant member of the House of Commons staff,

s. 36(2)

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

s. 36(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).

s. 36(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.

s. 36(5)

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

s. 36(5)(a)

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

s. 36(5)(b)

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

s. 36(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.

s. 37 — Duty to participate in education or training: apprenticeship agreements

s. 37(1)

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

s. 37(2)

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

s. 37(3)

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

s. 37(3)(a)

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

s. 37(3)(b)

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

s. 38 — Apprenticeship sectors

s. 38(1)

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

s. 38(2)

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

s. 39 — Interpretation of Chapter

s. 39(1)

In this Chapter—“apprenticeship agreement” has the meaning given by section 32(1);“apprenticeship certificate” means a certificate issued under section... 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;.........“recognised Welsh framework” has the meaning given by section 12(4);...“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).

s. 39(2)

References in this Chapter—are to be construed in accordance with section 12(5).

s. 39(2)(a)

to the level of an apprenticeship framework, or

s. 39(2)(b)

to the apprenticeship sector to which an apprenticeship framework relates,

s. 39(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.

s. 40 — Employer support for employee study and training

s. 40(1)

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

s. 40(2)

After Part 6 (time off work) insert—

s. 40(3)

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

s. 40(4)

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

s. 40(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

s. 40A — Sharing of information by HMRC and the Secretary of State

s. 40A(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.

s. 40A(2)

The Secretary of State may disclose information to HMRC—

s. 40A(2)(a)

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

s. 40A(2)(b)

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

s. 40A(3)

In this section “English statutory apprenticeships” means—

s. 40A(3)(a)

approved English apprenticeships within the meaning given in section A1;

s. 40A(3)(b)

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

s. 40A(3)(c)

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

s. 40A(3)(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.

s. 40AA — Sharing of information by or with the Secretary of State

s. 40AA(1)

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

s. 40AA(2)

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

s. 40AA(3)

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

s. 40AA(3)(a)

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

s. 40AA(3)(b)

a relevant function of that person.

s. 40AA(4)

In this section “relevant person” means—

s. 40AA(4)(a)

Ofqual,

s. 40AA(4)(b)

the OfS,

s. 40AA(4)(c)

Ofsted, or

s. 40AA(4)(d)

a prescribed person.

s. 40AA(5)

In this section “relevant function” means—

s. 40AA(5)(a)

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

s. 40AA(5)(b)

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

s. 40AA(6)

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

s. 40AA(7)

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

s. 40AB — Sharing of technical education information by or with Ofqual

s. 40AB(1)

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

s. 40AB(1)(a)

Ofqual, or

s. 40AB(1)(b)

the relevant person.

s. 40AB(2)

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

s. 40AB(2)(a)

Ofqual, or

s. 40AB(2)(b)

the relevant person.

s. 40AB(3)

In this section “relevant person” means—

s. 40AB(3)(a)

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

s. 40AB(3)(b)

the OfS;

s. 40AB(3)(c)

Ofsted;

s. 40AB(3)(d)

a prescribed person.

s. 40AB(4)

In this section “relevant function” means—

s. 40AB(4)(a)

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

s. 40AB(4)(b)

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

s. 40AB(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.

s. 40B — Sharing of information by HMRC and devolved authorities

s. 40B(1)

HMRC may disclose information held by them—

s. 40B(1)(a)

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

s. 40B(1)(b)

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

s. 40B(1)(c)

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

s. 40B(2)

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

s. 40B(2)(a)

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

s. 40B(2)(b)

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

s. 40B(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—a Northern Ireland department, and any body or other person that is prescribed, or of a prescribed description;“Scottish apprenticeships” means apprenticeships undertaken under arrangements made—in relation to Scotland, under section 2 of the Employment and Training Act 1973, or 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—the Scottish Ministers, and any body or other person that is prescribed, or of a prescribed description;“Welsh apprenticeships” means—apprenticeships undertaken under apprenticeship agreements within the meaning given in section 32 that were entered into in connection with recognised Welsh frameworks; apprenticeships in relation to which alternative Welsh completion arrangements apply under section 2(5); apprenticeships undertaken under arrangements made in relation to Wales under—section 2 of the Employment and Training Act 1973, or 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—the Welsh Ministers, and any body or other person that is prescribed, or of a prescribed description.

s. 40B(4)

In subsection (3)—

s. 40B(4)(a)

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

s. 40B(4)(b)

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

s. 40B(4)(c)

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

s. 40B(5)

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

s. 40B(5)(a)

“Northern Irish apprenticeships”,

s. 40B(5)(b)

“Scottish apprenticeships”, or

s. 40B(5)(c)

“Welsh apprenticeships”.

s. 40C — Wrongful disclosure

s. 40C(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)).

s. 40C(2)

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

s. 40C(2)(a)

is specified in the disclosure, or

s. 40C(2)(b)

can be deduced from it,

s. 40D — Interpretation

s. 40D(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).

s. 40D(2)

In this Part—

s. 40D(2)(a)

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

s. 40D(2)(b)

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

s. 40D(3)

Nothing in this Part

s. 40D(3)(a)

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

s. 40D(3)(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

s. 41 — Education and training for persons over compulsory school age: general duty

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

s. 42 — 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—

s. 43 — Local authority directions: children over compulsory school age

s. 43(1)

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

s. 43(2)

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

s. 43(3)

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

s. 44 — Power to require provision of education by further education institution

s. 44(1)

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

s. 44(2)

In section 52 of that Act—

s. 44(2)(a)

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

s. 44(2)(b)

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

s. 45 — Duties in relation to the core and additional entitlements

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

s. 46 — Boarding accommodation: persons subject to learning difficulty assessment

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

s. 47 — Work experience for persons over compulsory school age

After section 560 of the Education Act 1996 insert—

s. 48 — Provision of education for persons subject to youth detention

After section 18 of the Education Act 1996 insert—

s. 49 — Persons detained in youth accommodation: application of provisions

s. 49(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.

s. 49(2)

In subsection (1)—

s. 49(2)(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

s. 49(2)(b)

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

s. 49(3)

After that subsection insert—

s. 49(4)

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

s. 49(5)

After that subsection add—

s. 49(6)

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

s. 50 — Persons detained in youth accommodation: further provision

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

s. 51 — Detention of child or young person: local authorities to be notified

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

s. 52 — Release from detention of child or young person with special educational needs

s. 52(1)

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

s. 52(2)

After section 312 insert—

s. 52(3)

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

s. 53 — 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—.

s. 54 — 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—.

s. 55 — Transport policy statements for persons of sixth form age: content and publication

s. 55(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—

s. 55(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 ”.

s. 56 — Complaints about transport arrangements etc for persons of sixth form age

s. 56(1)

The Education Act 1996 is amended as follows.

s. 56(2)

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

s. 56(3)

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

s. 57 — Local authorities in England: provision of transport etc for adult learners

s. 57(1)

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

s. 57(2)

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

s. 57(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—.

s. 57(4)

Section 509 (provision of transport etc) ceases to have effect.

s. 57(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.

s. 58 — Power of local authorities to arrange provision of education at non-maintained schools

s. 58(1)

The following provisions cease to have effect—

s. 58(1)(a)

section 128 of the School Standards and Framework Act 1998 (c. 31), and

s. 58(1)(b)

paragraph 64 of Schedule 30 to that Act.

s. 58(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.

s. 59 — 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

s. 60 — The Young People's Learning Agency for England

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

s. 61 — Provision of financial resources

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

s. 62 — Financial resources: conditions

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

s. 63

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

s. 64 — Means tests

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

s. 65 — Prohibition on charging

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

s. 66 — Securing provision of education and training

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

s. 67 — Intervention for purpose of securing provision of education and training

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

s. 68 — Provision of services

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

s. 69 — Assistance with respect to employment and training

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

s. 70 — Assistance with respect to employment and training: Northern Ireland

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

s. 71 — Research, information and advice

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

s. 71A — Assistance etc. in relation to functions of the principal regulator

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

s. 72 — Guidance by YPLA

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

s. 73 — Intervention powers: policy statement

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

s. 74 — Power to confer supplementary functions on YPLA

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

s. 75 — Directions by Secretary of State

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

s. 76 — Guidance by Secretary of State

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

s. 77 — Academy agency arrangements

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

s. 78 — Grants for purposes of Academy agency arrangements functions

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

s. 79 — Academy agency arrangements: information sharing

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

s. 80 — Interpretation of Part

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

Part 4

Apprenticeships and adult education and training: role of Secretary of State

s. 81 — The Chief Executive of Skills Funding

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

s. 82 — Apprenticeship functions

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

s. 83 — Power to secure provision of apprenticeship training

s. 83(1)

The Secretary of State may secure the provision of facilities for suitable apprenticeship training for persons—

s. 83(1)(a)

who are over compulsory school age but under 19, or

s. 83(1)(b)

who are aged 19 or over but under 25 and for whom an EHC plan is maintained .

s. 83(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—

s. 83(2)(a)

the persons' ages, abilities and aptitudes,

s. 83(2)(b)

any special educational needs the persons may have,

s. 83(2)(c)

the quality of the training,

s. 83(2)(d)

the locations and times at which the training is provided.

s. 83(3)

In exercising the power conferred by subsection (1), the Secretary of State must have regard (in particular) to the desirability of—

s. 83(3)(a)

encouraging diversity of apprenticeship training available to persons;

s. 83(3)(b)

increasing opportunities for persons to exercise choice;

s. 83(3)(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).

s. 83(4)

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

s. 83(5)

In this Part “apprenticeship training” means training provided in connection with—

s. 83(5)(a)

an approved English apprenticeship, or

s. 83(5)(b)

any contract of service (other than an approved English apprenticeship agreement) or contract of apprenticeship.

s. 83A — The apprenticeship offer

s. 83A(1)

The Secretary of State must secure the provision of proper facilities for apprenticeship training that is suitable to the requirements of persons who—This is subject to section 83B (limit on scope of apprenticeship offer).

s. 83A(1)(a)

are within subsection (4), (5) or (6), and

s. 83A(1)(b)

have an apprenticeship opportunity.

s. 83A(2)

The duty imposed by subsection (1) is referred to in this section and section 83B as “the apprenticeship offer”.

s. 83A(3)

An apprenticeship opportunity is an opportunity to enter into an approved English apprenticeship.

s. 83A(4)

A person within this subsection is one who is over compulsory school age but under 19.

s. 83A(5)

A person within this subsection is one who is not within subsection (4) and—

s. 83A(5)(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

s. 83A(5)(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).

s. 83A(6)

A person within this subsection is one who—

s. 83A(6)(a)

is not within subsection (4), and

s. 83A(6)(b)

is of a prescribed description.

s. 83A(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.

s. 83A(8)

Facilities are proper if they are—

s. 83A(8)(a)

of a quantity sufficient to meet the reasonable needs of individuals, and

s. 83A(8)(b)

of a quality adequate to meet those needs.

s. 83A(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.

s. 83A(10)

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

s. 83A(11)

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

s. 83A(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.

s. 83B — Limit on scope of the apprenticeship offer

s. 83B(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—

s. 83B(1)(a)

has already completed an approved English apprenticeship by achieving that standard,

s. 83B(1)(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

s. 83B(1)(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).

s. 83B(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).

s. 83B(2)

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

s. 83B(3)

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

s. 83B(4)

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

s. 83B(5)

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

s. 84 — Arrangements and co-operation with local authorities

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

s. 85 — Provision of apprenticeship training etc for persons within section 83 or 83A

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

s. 86 — Education and training for persons aged 19 or over and others subject to adult detention

s. 86(1)

The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate for—

s. 86(1)(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,

s. 86(1)(b)

education suitable to the requirements of persons who are subject to adult detention, and

s. 86(1)(c)

training suitable to the requirements of persons within paragraphs (a) and (b).

s. 86(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—

s. 86(1A)(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

s. 86(1A)(b)

training, other than apprenticeship training, suitable to the requirements of such persons.

s. 86(1B)

Subsection (1) does not apply to the provision of facilities to the extent that subsection (1A) applies to the provision of those facilities.

s. 86(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.

s. 86(3)

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

s. 86(4)

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

s. 86(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.

s. 86(6)

For the purposes of this section—“education” includes full-time and part-time education;“relevant area” means—in relation to the Mayor of London, Greater London; in relation to a combined authority or CCA, its area; 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; vocational, social, physical and recreational training; apprenticeship training.

s. 86(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.

s. 86(8)

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

s. 87 — Learning aims for persons aged 19 or over: provision of facilities

s. 87(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.

s. 87(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.

s. 87(1B)

Subsection (1) does not apply to the provision of facilities to the extent that subsection (1A) applies to the provision of those facilities.

s. 87(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.

s. 87(3)

The persons falling within this subsection are persons who—

s. 87(3)(a)

are aged 19 or over, and are not persons aged under 25 for whom an EHC plan is maintained,

s. 87(3)(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

s. 87(3)(c)

satisfy such conditions as may be specified in regulations.

s. 87(4)

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

s. 87(5)

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

s. 87(6)

For the purposes of this section—“education” includes full-time and part-time education;“relevant area” means—in relation to the Mayor of London, Greater London; in relation to a combined authority or CCA, its area; 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.

s. 88 — Learning aims for persons aged 19 or over: payment of tuition fees

s. 88(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.

s. 88(2)

A person falls within this subsection if, at the time of starting the course in question, the person—

s. 88(2)(a)

is aged 19 or over,

s. 88(2)(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

s. 88(2)(c)

satisfies such conditions as may be specified in regulations.

s. 88(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.

s. 88(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.

s. 88(4)

A person falls within this subsection if, at the time of starting the course in question, the person—

s. 88(4)(a)

is aged at least 19 but less than 24,

s. 88(4)(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

s. 88(4)(c)

satisfies such conditions as may be specified in regulations.

s. 88(5)

The Secretary of State may by order—

s. 88(5)(a)

amend subsection (2)(a) by substituting a different age for the age for the time being referred to;

s. 88(5)(b)

amend subsection (4)(a) by substituting a different age for either of the ages for the time being referred to.

s. 88(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—

s. 88(6)(a)

the relevant authority, or

s. 88(6)(b)

a body specified by order by the Secretary of State for the purposes of this section.

s. 88(7)

In subsection (6) “tuition fees”, in relation to a course, means—

s. 88(7)(a)

the fees charged in respect of the course by the person providing it, and

s. 88(7)(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.

s. 88(8)

In this section “relevant authority” means—

s. 88(8)(a)

the Secretary of State,

s. 88(8)(b)

the Mayor of London,

s. 88(8)(c)

a combined authority or CCA, or

s. 88(8)(d)

a district council or county council that is a strategic authority.

s. 89 — Sections 87 and 88: supplementary

s. 89(1)

Regulations may make provision as to circumstances in which—

s. 89(1)(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;

s. 89(1)(b)

despite not having a specified qualification, a person is to be treated for any of those purposes as having that qualification.

s. 89(2)

A condition specified in regulations under section 87 or 88 may, in particular, relate to—

s. 89(2)(a)

the possession, or lack, of a specified qualification;

s. 89(2)(b)

the completion of, or failure to complete, a course for a specified qualification.

s. 89(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.

s. 89(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.

s. 89(5)

Nothing in section 87 or 88 applies to the provision of facilities, or to courses of study, for persons subject to adult detention.

s. 89(6)

Part 2 of Schedule 5 makes further provision for the purposes of sections 87 and 88.

s. 90 — Encouragement of education and training for persons aged 19 or over and others subject to adult detention

s. 90(1)

The Secretary of State must—

s. 90(1)(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;

s. 90(1)(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);

s. 90(1)(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.

s. 90(1A)

The Greater London Authority, each combined authority and CCA, and each district council or county council that is a strategic authority, must—

s. 90(1A)(a)

encourage participation by persons within section 86(1A)(a) in education and training within strategic authorities’ remit under this Part;

s. 90(1A)(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);

s. 90(1A)(c)

encourage employers to contribute to the costs of education and training within strategic authorities’ remit under this Part for such persons.

s. 90(2)

For the purposes of subsection (1)(b) or (1A)(b), participating in the provision of training includes participating by entering into—

s. 90(2)(a)

an approved English apprenticeship, or

s. 90(2)(b)

any contract of employment (other than an approved English apprenticeship agreement) in connection with which training is provided.

s. 91 — Duty to secure availability of apprenticeship places

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

s. 92 — Election for apprenticeship offer

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

s. 93 — Meaning of “apprenticeship place”

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

s. 94 — Suitability and availability of apprenticeship places: further provision

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

s. 95 — Apprenticeship offer requirements

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

s. 96 — Apprenticeship offer requirements: interpretation

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

s. 97 — Suspension of offer

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

s. 98 — Power to amend apprenticeship offer

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

s. 99 — Apprenticeship offer: interpretation

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

s. 100 — Provision of financial resources

s. 100(1)

The A relevant authority may secure the provision of financial resources under this subsection to—

s. 100(1)(a)

persons providing or proposing to provide education or training within the relevant authority’s remit under this Part;

s. 100(1)(b)

persons providing or proposing to provide goods or services in connection with the provision by others of such education or training;

s. 100(1)(c)

persons receiving or proposing to receive such education or training;

s. 100(1)(d)

persons aged 18 receiving or proposing to receive education or training;

s. 100(1)(e)

persons making loans to others receiving or proposing to receive education or training;

s. 100(1)(f)

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

s. 100(1)(g)

persons undertaking or proposing to undertake research relating to education or training;

s. 100(1)(h)

persons carrying out means tests under arrangements made under section 103;

s. 100(1)(i)

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

s. 100(1)(j)

persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).

s. 100(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))—

s. 100(1A)(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

s. 100(1A)(b)

otherwise in connection with English statutory apprenticeships.

s. 100(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....

s. 100(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.

s. 100(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.

s. 100(1B)

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.

s. 100(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—

s. 100(1C)(a)

a function conferred by subsection (1) in relation to persons subject to adult detention;

s. 100(1C)(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—

s. 100(1C)(b)(i)

aged under 19, or

s. 100(1C)(b)(ii)

aged under under 25 and for whom an EHC plan is maintained.

s. 100(2)

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

s. 100(3)

A relevant authority may secure the provision of financial resources under this section—

s. 100(3)(a)

by providing the resources;

s. 100(3)(b)

by making arrangements for the provision of resources by another person;

s. 100(3)(c)

by making arrangements for the provision of resources by persons jointly (whether or not including the relevant authority).

s. 100(4)

A relevant authority may secure the provision of financial resources under this section by reference to—

s. 100(4)(a)

any fees or charges payable by the person receiving or proposing to receive the education or training, or

s. 100(4)(b)

any other matter (such as transport or childcare).

s. 100(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);......“English statutory apprenticeship” has the same meaning as in section 40A (see subsection (3) of that section).“relevant authority” means—the Secretary of State, the Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority;“relevant authority’s remit under this Part” means—in relation to financial resources whose provision is secured by the Secretary of State, the Secretary of State’s remit under this Part; 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.

s. 101 — Financial resources: conditions

s. 101(1)

Financial resources provided by a relevant authority under section 100 may be provided subject to conditions , subject to section 101A.

s. 101(2)

The conditions may (among other things) include—

s. 101(2)(a)

information conditions;

s. 101(2)(b)

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

s. 101(2)(c)

repayment conditions.

s. 101(3)

Information conditions are conditions which—

s. 101(3)(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

s. 101(3)(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.

s. 101(4)

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

s. 101(5)

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

s. 101(6)

Repayment conditions are conditions which—

s. 101(6)(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;

s. 101(6)(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.

s. 101A — Financial resources: welfare

s. 101A(1)

The Secretary of State may not provide financial resources to a person under—unless the resources are provided subject to conditions requiring the person to comply with the safeguarding duties.

s. 101A(1)(a)

section 100(1A) for the provision of training as part of a relevant English statutory apprenticeship, or

s. 101A(1)(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,

s. 101A(2)

“The safeguarding duties” are—

s. 101A(2)(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

s. 101A(2)(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.

s. 101A(3)

In this section, a “relevant English statutory apprenticeship” means an apprenticeship falling within section 40A(3)(a) to (c).

s. 102 — Performance assessments

s. 102(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 .

s. 102(2)

The Secretary of State may take the assessments into account in deciding how to exercise the powers under section 100.

s. 103 — Means tests

s. 103(1)

For the purpose of the exercise of the powers under section 100(1)(c), (d) or (e), the Secretary of State may—

s. 103(1)(a)

carry out means tests;

s. 103(1)(b)

arrange for other persons to carry out means tests.

s. 103(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—

s. 103(1A)(a)

carry out means tests;

s. 103(1A)(b)

arrange for other persons to carry out means tests.

s. 103(2)

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

s. 104 — Assistance and support in relation to apprenticeship places

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

s. 105 — Promoting progression from level 2 to level 3 apprenticeships

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

s. 106 — Advice and assistance in relation to apprenticeships

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

s. 107 — Provision of services

s. 107(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.

s. 107(2)

The services that may be provided under arrangements made under subsection (1) include—

s. 107(2)(a)

providing accommodation and other facilities to a permitted recipient or managing such facilities on behalf of a permitted recipient;

s. 107(2)(b)

procuring, or assisting in procuring, goods and services for use by a permitted recipient.

s. 107(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.

s. 107(4)

In this section “permitted recipient” means—

s. 107(4)(a)

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

s. 107(4)(b)

the Welsh Ministers;

s. 107(4)(c)

the Scottish Ministers;

s. 107(4)(d)

a Northern Ireland department;

s. 107(4)(e)

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

s. 107(4)(f)

a person, wholly or partly funded from public funds, who has functions relating to education or training;

s. 107(4)(g)

any other person specified, or of a description specified, by order made by the appropriate national authority for the purposes of this section.

s. 107(5)

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

s. 107(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—

s. 107(6)(a)

in relation to education or training provided in Wales, the consent of the Welsh Ministers;

s. 107(6)(b)

in relation to education or training provided in Scotland, the consent of the Scottish Ministers;

s. 107(6)(c)

in relation to education or training provided in Northern Ireland, the consent of the Minister for Employment and Learning in Northern Ireland.

s. 107(7)

Consent may be given under subsection (5) or (6) in relation to particular arrangements or arrangements of a particular description.

s. 107(8)

“The appropriate national authority” means—

s. 107(8)(a)

in relation to a person exercising functions relating only to education or training provided in Wales, the Welsh Ministers;

s. 107(8)(b)

in relation to a person exercising functions relating only to education or training provided in Scotland, the Scottish Ministers;

s. 107(8)(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;

s. 107(8)(d)

in any other case, the Secretary of State.

s. 108 — Assistance with respect to employment and training

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

s. 109 — Assistance with respect to employment and training: Northern Ireland

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

s. 110 — Research, information and advice

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

s. 111 — Power to confer supplementary functions on Chief Executive

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

s. 112 — Strategies for functions of Chief Executive

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

s. 113

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

s. 114 — Strategies: duty of Chief Executive

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

s. 114A — Directions and guidance to strategic authorities

s. 114A(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.

s. 114A(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.

s. 115 — Persons with special educational needs

s. 115(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).

s. 115(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).

s. 115(2B)

The persons referred to above are—

s. 115(2B)(a)

persons who are aged 19 or over, other than persons aged under 25 for whom an EHC plan is maintained;

s. 115(2B)(b)

persons who are subject to adult detention.

s. 115(3)

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

s. 115(4)

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

s. 116 — 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.

s. 117 — Use of information by Chief Executive

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

s. 118 — Guidance

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

s. 118A — Directions: consultation

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

s. 119 — Directions: funding of qualifications

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

s. 120 — Other directions relating to functions of the office

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

s. 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.

s. 120B — When functions become exercisable by strategic authorities

s. 120B(1)

The functions conferred on the Mayor of London by this Part are exercisable by the Mayor in relation to—

s. 120B(1)(a)

the academic year beginning with 1 August 2025, and

s. 120B(1)(b)

each subsequent academic year.

s. 120B(2)

Subsection (3) applies to a combined authority or CCA if functions conferred on it by this Part are also pre-commencement functions.

s. 120B(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).

s. 120B(4)

Subsection (5) applies to a combined authority or CCA—

s. 120B(4)(a)

if functions conferred on it by this Part are not pre-commencement functions;

s. 120B(4)(b)

whether the combined authority or CCA was established before, or is established on or after, the commencement day.

s. 120B(5)

The functions conferred on the combined authority or CCA by this Part are exercisable by it in relation to—

s. 120B(5)(a)

the second academic year to begin after the academic year during which it was, or is, established, and

s. 120B(5)(b)

each subsequent academic year.

s. 120B(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.

s. 120B(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).

s. 120B(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.

s. 120B(9)

The functions conferred on the district council or county council by this Part are exercisable by it in relation to—

s. 120B(9)(a)

the second academic year to begin after the academic year during which its designation takes effect, and

s. 120B(9)(b)

each subsequent academic year.

s. 120B(10)

In this section—“academic year” means each period—beginning with 1 August, and 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—an order under Part 6 of the Local Democracy, Economic Development and Construction Act 2009, or 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.

s. 121 — Interpretation of Part

s. 121(1)

In this Part—...“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;...“organised leisure-time occupation” has the meaning given by section 86. technical education qualification” has the meaning given by section A12;

s. 121(2)

In this Part a reference to education within the Secretary of State's remit under this Part is a reference to—

s. 121(2)(a)

education falling within section 86(1)(a) or (b), and

s. 121(2)(b)

organised leisure-time occupation in connection with such education.

s. 121(3)

In this Part a reference to training within the Secretary of State's remit under this Part is a reference to—

s. 121(3)(a)

training falling within section 83(1),

s. 121(3)(aa)

training falling within section 83A(1),

s. 121(3)(b)

training falling within section 86(1)(c), and

s. 121(3)(c)

organised leisure-time occupation in connection with training falling within section 86(1)(c).

s. 121(3A)

In this Part a reference to education within strategic authorities’ remit under this Part is a reference to—

s. 121(3A)(a)

education falling within section 86(1A)(a), and

s. 121(3A)(b)

organised leisure-time occupation in connection with such education.

s. 121(3B)

In this Part a reference to training within strategic authorities’ remit under this Part is a reference to—

s. 121(3B)(a)

training falling within section 86(1A)(b)), and

s. 121(3B)(b)

organised leisure-time occupation in connection with such training.

s. 121(4)

For the purposes of this Part a person is subject to adult detention if the person is subject to a detention order and—

s. 121(4)(a)

aged 19 or over, or

s. 121(4)(b)

aged under 19 and detained in—

s. 121(4)(b)(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

s. 121(4)(b)(ii)

a prison.

Part 5

Parts 2 to 4: supplementary

s. 122 — Sharing of information for education and training purposes

s. 122(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.

s. 122(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.

s. 122(3)

The persons within this subsection are—

s. 122(3)(a)

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

s. 122(3)(b)

the Secretary of State;

s. 122(3)(c)

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

s. 122(3)(d)

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

s. 122(3)(e)

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

s. 122(3)(f)

a person providing services to the Secretary of State

s. 122(3)(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;

s. 122(3)(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;

s. 122(3)(fa)

a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

s. 122(3)(fb)

a person providing services to a combined authority;

s. 122(3)(fc)

a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

s. 122(3)(fd)

a person providing services to a combined county authority;

s. 122(3)(fe)

the Mayor of London;

s. 122(3)(ff)

a person providing services to the Mayor of London;

s. 122(3)(fg)

the Greater London Authority;

s. 122(3)(fh)

a person providing services to the Greater London Authority;

s. 122(3)(g)

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

s. 122(4)

The persons within this subsection are—

s. 122(4)(a)

a local authority in England;

s. 122(4)(b)

a person providing services to a local authority in England in connection with a relevant function of the authority .

s. 122(5)

In this section, “relevant function” means—other than a function under this section.

s. 122(5)(a)

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

s. 122(5)(b)

any function of the Secretary of State relating to education or training, ...

s. 122(5)(ba)

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

s. 122(5)(c)

any education function of a local authority in England, ...

s. 122(5)(d)

any function of a combined authority under Part 4,

s. 122(5)(e)

any function of a combined county authority under Part 4,

s. 122(5)(f)

any function of the Mayor of London under Part 4,

s. 122(5)(g)

any function of the Greater London Authority under Part 4, or

s. 122(6)

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

s. 122(7)

Nothing in this section—

s. 122(7)(a)

affects any power to disclose information that exists apart from this section, or

s. 122(7)(b)

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

s. 123 — Dissolution of the Learning and Skills Council for England

s. 123(1)

The Learning and Skills Council for England ceases to exist on the day on which this section comes into force.

s. 123(2)

Schedule 6 contains minor and consequential amendments in relation to the dissolution of the Learning and Skills Council for England.

s. 124 — 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

s. 125 — Sixth form college sector

Schedule 8 makes provision about the sixth form college sector.

s. 126 — Removal of power to establish sixth form schools

s. 126(1)

In section 16 of the Education Act 1996 (c. 56) (power to establish etc. primary and secondary schools) after subsection (3) insert—

s. 126(2)

The Education and Inspections Act 2006 (c. 40) is amended as follows.

s. 126(3)

In section 7 (invitation for proposals for establishment of new schools) after subsection (5) insert—

s. 126(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 ”.

s. 126(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

s. 127 — The Office of Qualifications and Examinations Regulation

s. 127(1)

There is to be a body corporate known as the Office of Qualifications and Examinations Regulation.

s. 127(2)

In this Part that body is referred to as “Ofqual”.

s. 127(3)

Schedule 9 makes further provision about Ofqual.

s. 128 — Objectives

s. 128(1)

Ofqual's objectives are—

s. 128(1)(a)

the qualifications standards objective,

s. 128(1)(b)

the assessments standards objective,

s. 128(1)(c)

the public confidence objective,

s. 128(1)(d)

the awareness objective, and

s. 128(1)(e)

the efficiency objective.

s. 128(2)

The qualifications standards objective is to secure that—

s. 128(2)(a)

regulated qualifications give a reliable indication of knowledge, skills and understanding, and

s. 128(2)(b)

regulated qualifications indicate —

s. 128(2)(b)(i)

a consistent level of attainment (including over time) between comparable regulated qualifications, and

s. 128(2)(b)(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.

s. 128(3)

The assessments standards objective is to promote the development and implementation of regulated assessment arrangements which—

s. 128(3)(a)

give a reliable indication of achievement, and

s. 128(3)(b)

indicate a consistent level of attainment (including over time) between comparable assessments.

s. 128(4)

The public confidence objective is to promote public confidence in regulated qualifications and regulated assessment arrangements.

s. 128(5)

The awareness objective is to promote awareness and understanding of—

s. 128(5)(a)

the range of regulated qualifications available,

s. 128(5)(b)

the benefits of regulated qualifications to learners, employers and institutions within the higher education sector, and

s. 128(5)(c)

the benefits of recognition under section 132 to bodies awarding or authenticating qualifications to which this Part applies.

s. 128(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.

s. 128(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.

s. 129 — General duties

s. 129(1)

So far as reasonably practicable, in performing its functions Ofqual must act in a way—

s. 129(1)(a)

which is compatible with its objectives, and

s. 129(1)(b)

which it considers most appropriate for the purpose of meeting its objectives.

s. 129(2)

So far as relevant, in performing its functions Ofqual must have regard to—

s. 129(2)(a)

the need to ensure that the number of regulated qualifications available for award or authentication is appropriate;

s. 129(2)(b)

the other reasonable requirements of relevant learners, including persons with special educational needs or additional learning needs;

s. 129(2)(c)

the reasonable requirements of pupils and children, including persons with special educational needs or additional learning needs, in relation to regulated assessment arrangements;

s. 129(2)(d)

the reasonable requirements of industry, commerce, finance, the professions and other employers regarding education and training (including required standards of practical competence);

s. 129(2)(e)

the reasonable requirements of institutions within the higher education sector;

s. 129(2)(f)

information provided to Ofqual by a person falling within subsection (4);

s. 129(2)(g)

the desirability of facilitating innovation in connection with the provision of regulated qualifications;

s. 129(2)(h)

the specified purposes of regulated assessment arrangements.

s. 129(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—

s. 129(3)(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

s. 129(3)(b)

the number of different regulated qualifications in similar subject areas or serving similar functions is not excessive.

s. 129(4)

The persons falling within this subsection are—

s. 129(4)(a)

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

s. 129(4)(b)

Her Majesty's Chief Inspector of Education, Children's Services and Skills;

s. 129(4)(c)

such other relevant persons, or relevant persons of such a description, as the Secretary of State may direct.

s. 129(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).

s. 129(6)

In performing its functions Ofqual must also have regard to such aspects of government policy as the Secretary of State may direct.

s. 129(7)

The Secretary of State must publish a direction given under subsection (6).

s. 129(8)

Ofqual must perform its functions efficiently and effectively.

s. 129(9)

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

s. 129(10)

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

s. 129(11)

“Relevant learner” means a person seeking to obtain, or who may reasonably be expected to seek to obtain, a regulated qualification.

s. 130 — Meaning of “regulated qualifications” etc.

s. 130(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.

s. 130(2)

This Part applies to any of the following qualifications which is not an excluded qualification—

s. 130(2)(a)

an academic or vocational qualification awarded or authenticated in England;

s. 130(2)(b)

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

s. 130(3)

An excluded qualification is any of the following—

s. 130(3)(a)

a foundation degree;

s. 130(3)(b)

a first degree;

s. 130(3)(c)

a degree at a higher level.

s. 130(4)

For the purposes of subsection (2) a qualification is awarded or authenticated in England ... 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 ....

s. 130(5)

The Secretary of State may by order repeal subsection (2)(b).

s. 130(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).

s. 130(7)

Before making an order under subsection (5) the Secretary of State must consult the Department for Employment and Learning in Northern Ireland.

s. 131 — Meaning of “regulated assessment arrangements” etc.

s. 131(1)

This section applies for the purposes of this Part.

s. 131(2)

“Regulated assessment arrangements” means—

s. 131(2)(a)

NC assessment arrangements, and

s. 131(2)(b)

EYFS assessment arrangements.

s. 131(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.

s. 131(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).

s. 131(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.

s. 131(6)

“The specified purposes” in relation to regulated assessment arrangements—

s. 131(6)(a)

if the arrangements are NC assessment arrangements, has the same meaning as in section 76(1) of the Education Act 2002;

s. 131(6)(b)

if the arrangements are EYFS assessment arrangements, has the same meaning as in section 41(2)(c) of the Childcare Act 2006.

s. 132 — Recognition

s. 132(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—

s. 132(1)(a)

the awarding body has applied for recognition in the respect in question, and

s. 132(1)(b)

the body meets the applicable criteria for recognition most recently published under section 133.

s. 132(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.

s. 132(3)

A recognition—

s. 132(3)(a)

has effect from such date as Ofqual may specify,

s. 132(3)(b)

is subject to the general conditions,

s. 132(3)(c)

if in respect of a qualification subject to the accreditation requirement, is subject to an accreditation condition, and

s. 132(3)(d)

is subject to such other conditions that Ofqual may impose at the time of recognition or later.

s. 132(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.

s. 132(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.

s. 132(6)

Ofqual may not charge an awarding body in respect of recognition.

s. 132(7)

If Ofqual refuses an application for recognition it must provide the awarding body with a statement setting out the reasons for its decision.

s. 132(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.

s. 132(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.

s. 132(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).

s. 133 — Criteria for recognition

s. 133(1)

Ofqual must set and publish the criteria for recognition under section 132.

s. 133(2)

Different criteria may be set for—

s. 133(2)(a)

recognition of different descriptions of awarding bodies;

s. 133(2)(b)

recognition in respect of different qualifications or different descriptions of qualifications;

s. 133(2)(c)

recognition in respect of credits in respect of different components of qualifications or different descriptions of components of qualifications.

s. 133(3)

Ofqual may revise the criteria.

s. 133(4)

If Ofqual revises the criteria it must publish them as revised.

s. 133(5)

Before setting or revising the criteria Ofqual must consult such persons as it considers appropriate.

s. 134 — General conditions of recognition

s. 134(1)

Ofqual must set and publish the general conditions to which a recognition is to be subject.

s. 134(2)

Different general conditions may be set for—

s. 134(2)(a)

recognition of different descriptions of awarding bodies;

s. 134(2)(b)

recognition in respect of different qualifications or different descriptions of qualifications;

s. 134(2)(c)

recognition in respect of credits in respect of different components of qualifications or different descriptions of components of qualifications.

s. 134(3)

Ofqual may revise the general conditions.

s. 134(4)

If Ofqual revises the general conditions it must publish them as revised.

s. 134(5)

Before setting or revising the general conditions Ofqual must consult such persons as it considers appropriate.

s. 135 — Other conditions of recognition

s. 135(1)

The conditions of recognition that Ofqual may impose under section 132(3)(d) include in particular—

s. 135(1)(a)

fee capping conditions;

s. 135(1)(b)

entry and inspection conditions.

s. 135(2)

Fee capping conditions are conditions limiting the amount of a fee chargeable by a recognised body for—

s. 135(2)(a)

the award or authentication of a qualification in respect of which the body is recognised, or

s. 135(2)(b)

the provision of any other service in relation to such a qualification.

s. 135(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—

s. 135(3)(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

s. 135(3)(b)

to determine whether to impose a fee capping condition and, if so, what that condition should be.

s. 136 — Fee capping conditions: supplementary

s. 136(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.

s. 136(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.

s. 136(3)

The notice must—

s. 136(3)(a)

set out Ofqual's reasons for proposing to impose the fee capping condition, and

s. 136(3)(b)

specify the period during which, and the way in which, the recognised body may make representations about the proposal.

s. 136(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.

s. 136(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.

s. 136(6)

The review arrangements must require the decision on review to be made by a person within subsection (7).

s. 136(7)

A person within this subsection is one who—

s. 136(7)(a)

appears to Ofqual to have skills likely to be relevant to decisions to impose fee capping conditions, and

s. 136(7)(b)

is independent of Ofqual.

s. 136(8)

A person is independent of Ofqual for the purposes of subsection (7) if the person is—

s. 136(8)(a)

an individual who is not a member of Ofqual or Ofqual's staff, or

s. 136(8)(b)

a body none of whose members is a member of Ofqual or Ofqual's staff.

s. 136(9)

A decision to impose a fee capping condition must not take effect before the later of—

s. 136(9)(a)

the expiry of the period during which a review can be requested under the review arrangements, and

s. 136(9)(b)

the completion of any review requested under those arrangements.

s. 136(10)

Ofqual must, in performing its functions in relation to fee capping conditions, have regard to any guidance given by the Secretary of State.

s. 136(11)

The Secretary of State must publish any guidance given under subsection (10).

s. 137 — Entry and inspection conditions: supplementary

s. 137(1)

An entry and inspection condition requires permission to enter premises to be given only if—

s. 137(1)(a)

the premises in question are not used as a private dwelling,

s. 137(1)(b)

the entry is to be by an authorised person,

s. 137(1)(c)

reasonable notice has been given to the recognised body in question, and

s. 137(1)(d)

the entry is to be at a reasonable time.

s. 137(2)

“Authorised person” means a member of Ofqual's staff who is authorised (generally or specifically) for the purpose.

s. 137(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).

s. 138 — Qualifications subject to the accreditation requirement

s. 138(1)

Ofqual may determine that a specified qualification, or description of qualification, to which this Part applies is subject to the accreditation requirement.

s. 138(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.

s. 138(1A)

A technical education qualification is within this subsection if—

s. 138(1A)(a)

it is an approved technical education qualification, or

s. 138(1A)(b)

the Secretary of State—

s. 138(1A)(b)(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

s. 138(1A)(b)(ii)

has not notified Ofqual of the Secretary of State’s decision.

s. 138(2)

A determination under subsection (1) may provide that a qualification or description of qualification is subject to the accreditation requirement—

s. 138(2)(a)

for all purposes, or

s. 138(2)(b)

for the purposes of award or authentication by a specified awarding body.

s. 138(3)

Ofqual must publish a determination falling within subsection (2)(a).

s. 138(4)

Ofqual may revise a determination made under subsection (1).

s. 138(5)

If Ofqual revises a determination falling within subsection (2)(a) it must publish the determination as revised.

s. 138(6)

Before making or revising a determination under subsection (1) Ofqual must—

s. 138(6)(a)

if the determination falls within subsection (2)(a), consult such persons as it considers appropriate, and

s. 138(6)(b)

if the determination falls within subsection (2)(b), consult the awarding body in question.

s. 138(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.

s. 138(8)

In this section—...“approved technical education qualification” and “technical education qualification” have the meanings given by section A12(1).

s. 139 — Accreditation

s. 139(1)

Where a qualification is subject to the accreditation requirement Ofqual must accredit a particular form of the qualification if—

s. 139(1)(a)

that form of the qualification has been submitted for accreditation by a recognised body which is recognised in respect of the qualification, and

s. 139(1)(b)

that form of the qualification meets the applicable criteria for accreditation most recently published under section 140.

s. 139(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.

s. 139(3)

An accreditation under this section has effect from such date as Ofqual may specify.

s. 139(4)

Ofqual may not charge a recognised body in respect of accreditation under this section.

s. 139(5)

If Ofqual refuses an application for accreditation it must provide the recognised body with a statement setting out the reasons for its decision.

s. 140 — Criteria for accreditation

s. 140(1)

Ofqual must set and publish the criteria for accreditation under section 139.

s. 140(2)

Different criteria may be set for the accreditation of different qualifications or different descriptions of qualifications.

s. 140(3)

Ofqual may revise the criteria.

s. 140(4)

If Ofqual revises the criteria it must publish them as revised.

s. 140(5)

Before setting or revising the criteria Ofqual must consult such persons as it considers appropriate.

s. 140(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.

s. 140(7)

Ofqual may vary the date specified under subsection (6) at any time before the date.

s. 140(8)

Ofqual may determine that subsection (6) does not apply in relation to a specified revision.

s. 140(9)

Ofqual must publish a determination made under subsection (8).

s. 140(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).

s. 141 — Power to specify minimum requirements

s. 141(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.

s. 141(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.

s. 141(3)

This section applies to a qualification, or description of qualification, if—

s. 141(a)

the qualification, or each qualification of the description, is one to which this Part applies, and

s. 141(b)

the condition in subsection (4) is met in relation to the qualification or each qualification of the description.

s. 141(4)

The condition is that—

s. 141(4)(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

s. 141(4)(b)

the Secretary of State reasonably expects approval under that section to be sought for one or more forms of the qualification.

s. 141(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.

s. 142 — Consultation before making order specifying minimum requirements

s. 142(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.

s. 142(2)

For the purposes of consulting under subsection (1) the Secretary of State must publish a document setting out—

s. 142(2)(a)

the grounds on which the Secretary of State is satisfied of the matter specified in section 141(2),

s. 142(2)(b)

the proposed minimum requirements, and

s. 142(2)(c)

the Secretary of State's reasons for proposing those minimum requirements.

s. 142(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).

s. 143 — Effect of order specifying minimum requirements

s. 143(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.

s. 143(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.

s. 143(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.

s. 144 — Revocation and amendment of orders specifying minimum requirements

s. 144(1)

Subsection (2) applies if—

s. 144(1)(a)

the Secretary of State has made an order under section 141(1) in respect of a qualification or description of qualification, and

s. 144(1)(b)

the qualification or description of qualification ceases to be one to which section 141 applies.

s. 144(2)

The Secretary of State may by order—

s. 144(2)(a)

revoke the order, or

s. 144(2)(b)

amend it for the purpose of removing the qualification or description of qualification from the application of the order.

s. 144(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.

s. 144(4)

Sections 141(2) and 142 do not apply to an order—

s. 144(4)(a)

revoking an order under section 141(1), or

s. 144(4)(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.

s. 145 — Assignment of number of hours of guided learning

s. 145(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.

s. 145(2)

Condition 1 is met if the recognised body determines that the qualification is not relevant for 2008 Act purposes.

s. 145(3)

Condition 2 is met if—

s. 145(3)(a)

the recognised body determines that the qualification is relevant for 2008 Act purposes, and

s. 145(3)(b)

the body assigns to the particular form of the qualification a number of hours of guided learning.

s. 145(4)

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

s. 145(5)

A recognised body must apply the applicable criteria then in force under section 146 when determining—

s. 145(5)(a)

whether or not a qualification is relevant for 2008 Act purposes, and

s. 145(5)(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.

s. 145(6)

If revised criteria come into force under section 146, a recognised body must review any determination it has made under this section.

s. 145(7)

Ofqual may—

s. 145(7)(a)

review any determination made by a recognised body under this section, and

s. 145(7)(b)

require the recognised body to revise any such determination in such respects as Ofqual may specify.

s. 145(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—

s. 145(8)(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

s. 145(8)(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.

s. 145(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).

s. 145(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.

s. 145(11)

In subsection (10) “actual guided learning” means time a person spends—but does not include time spent on unsupervised preparation or study, whether at home or otherwise.

s. 145(11)(a)

being taught or given instruction by a lecturer, tutor, supervisor or other appropriate provider of education or training, or

s. 145(11)(b)

otherwise participating in education or training under the immediate guidance or supervision of such a person,

s. 145(12)

Section 172(2)(a) does not apply for the purposes of this section.

s. 146 — Criteria for assignment of number of hours of guided learning

s. 146(1)

Ofqual must set and publish criteria for determining—

s. 146(1)(a)

whether a qualification is relevant for 2008 Act purposes, and

s. 146(1)(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.

s. 146(2)

Different criteria may be set for determinations in relation to different qualifications or different descriptions of qualifications.

s. 146(3)

Ofqual may revise the criteria.

s. 146(4)

If Ofqual revises the criteria it must publish them as revised.

s. 146(5)

Before setting or revising the criteria Ofqual must consult such persons as it considers appropriate.

s. 147 — Surrender of recognition

s. 147(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.

s. 147(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”).

s. 147(3)

At any time before the surrender date Ofqual may vary that date by giving further notice to the recognised body.

s. 147(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).

s. 147(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.

s. 148 — Register

s. 148(1)

Ofqual must maintain and publish a register containing the following information in relation to each recognised body—

s. 148(1)(a)

the qualifications in respect of which it is recognised,

s. 148(1)(b)

the forms of those qualifications which are awarded or authenticated by it, and

s. 148(1)(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.

s. 148(2)

The register may include such other information as Ofqual considers appropriate.

s. 149 — Review of activities of recognised bodies

s. 149(1)

Ofqual may keep under review any connected activities of a recognised body.

s. 149(2)

An activity of a recognised body is a connected activity if Ofqual considers that it is connected or otherwise relevant to—

s. 149(2)(a)

the body's recognition (including, in particular, the compliance by the body with the conditions to which the recognition is subject), or

s. 149(2)(b)

the award or authentication by the body of any qualification in respect of which it is recognised.

s. 150 — Investigation of complaints

s. 150(1)

Ofqual may investigate, or make arrangements for the investigation of, complaints in relation to the award or authentication of a regulated qualification.

s. 150(2)

Arrangements made under subsection (1) may in particular include arrangements for the referral of complaints to an independent party.

s. 150(3)

“An independent party” means—

s. 150(3)(a)

an individual who is not a member of Ofqual or Ofqual's staff, or

s. 150(3)(b)

a body none of whose members is a member of Ofqual or Ofqual's staff.

s. 151 — Power to give directions

s. 151(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.

s. 151(2)

Ofqual may direct the recognised body to take or refrain from taking specified steps with a view to securing compliance with the condition.

s. 151(3)

Before giving a recognised body a direction under this section Ofqual must give notice to the body of its intention to do so.

s. 151(4)

The notice must—

s. 151(4)(a)

set out Ofqual's reasons for proposing to give the direction, and

s. 151(4)(b)

specify the period during which, and the way in which, the recognised body may make representations about the proposal.

s. 151(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.

s. 151(6)

A recognised body must comply with a direction given to it under this section.

s. 151(7)

A direction under this section is enforceable, on the application of Ofqual—

s. 151(7)(a)

in England and Wales, by a mandatory order, ...

s. 151(7)(b)

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

s. 151(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.

s. 151A — Power to impose monetary penalties

s. 151A(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.

s. 151A(2)

Ofqual may impose a monetary penalty on the recognised body.

s. 151A(3)

A “monetary penalty” is a requirement to pay to Ofqual a penalty of an amount determined by Ofqual in accordance with section 151B.

s. 151A(4)

Before imposing a monetary penalty on a recognised body, Ofqual must give notice to the body of its intention to do so.

s. 151A(5)

The notice must—

s. 151A(5)(a)

set out Ofqual's reasons for proposing to impose the penalty, and

s. 151A(5)(b)

specify the period during which, and the way in which, the recognised body may make representations about the proposal.

s. 151A(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.

s. 151A(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.

s. 151A(8)

If Ofqual decides to impose a monetary penalty on the body, it must give the body a notice containing information as to—

s. 151A(8)(a)

the grounds for imposing the penalty,

s. 151A(8)(b)

how payment may be made,

s. 151A(8)(c)

the period within which payment is required to be made (which must not be less than 28 days),

s. 151A(8)(d)

rights of appeal,

s. 151A(8)(e)

the period within which an appeal may be made, and

s. 151A(8)(f)

the consequences of non-payment.

s. 151B — Monetary penalties: amount

s. 151B(1)

The amount of a monetary penalty imposed on a recognised body under section 151A must not exceed 10% of the body's turnover.

s. 151B(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.

s. 151B(3)

Subject to subsection (1), the amount may be whatever Ofqual decides is appropriate in all the circumstances of the case.

s. 151C — Monetary penalties: appeals

s. 151C(1)

A recognised body may appeal to the First-tier Tribunal against—

s. 151C(1)(a)

a decision to impose a monetary penalty on the body under section 151A;

s. 151C(1)(b)

a decision as to the amount of the penalty.

s. 151C(2)

An appeal under this section may be made on the grounds—

s. 151C(2)(a)

that the decision was based on an error of fact;

s. 151C(2)(b)

that the decision was wrong in law;

s. 151C(2)(c)

that the decision was unreasonable.

s. 151C(3)

The requirement to pay the penalty is suspended pending the determination of an appeal under this section.

s. 151C(4)

On an appeal under this section the Tribunal may—

s. 151C(4)(a)

withdraw the requirement to pay the penalty;

s. 151C(4)(b)

confirm that requirement;

s. 151C(4)(c)

vary that requirement;

s. 151C(4)(d)

take such steps as Ofqual could take in relation to the failure to comply giving rise to the decision to impose the requirement;

s. 151C(4)(e)

remit the decision whether to confirm the requirement to pay the penalty, or any matter relating to that decision, to Ofqual.

s. 151D — Monetary penalties: interest and recovery

s. 151D(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.

s. 151D(2)

The applicable date is—

s. 151D(2)(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;

s. 151D(2)(b)

if an appeal under section 151C in respect of the penalty is made—

s. 151D(2)(b)(i)

the date on which the appeal is determined, or

s. 151D(2)(b)(ii)

if the appeal is withdrawn before being determined, the date on which the appeal is withdrawn.

s. 151D(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).

s. 151D(4)

The total amount of interest imposed under subsection (3) must not exceed the amount of the penalty.

s. 151D(5)

Ofqual may recover from the body, as a civil debt due to it, the unpaid amount of the penalty and any unpaid interest.

s. 152 — Power to withdraw recognition

s. 152(1)

Subsection (2) applies if a recognised body has failed to comply with a condition to which the recognition is subject.

s. 152(2)

Ofqual may withdraw recognition from the recognised body in respect of the award or authentication of—

s. 152(2)(a)

a specified qualification or description of qualification in respect of which the body is recognised, or

s. 152(2)(b)

every qualification or description of qualification in respect of which the body is recognised.

s. 152(3)

Before withdrawing recognition from a recognised body in any respect Ofqual must give notice to the body of its intention to do so.

s. 152(4)

The notice must—

s. 152(4)(a)

set out Ofqual's reasons for proposing to withdraw recognition from the recognised body in the respect in question, and

s. 152(4)(b)

specify the period during which, and the way in which, the recognised body may make representations about the proposal.

s. 152(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.

s. 152(6)

If Ofqual decides to withdraw recognition from a recognised body Ofqual—

s. 152(6)(a)

must give notice to the body of its decision and of the date on which the withdrawal is to take effect, and

s. 152(6)(b)

may make saving or transitional provision.

s. 152(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.

s. 152(8)

Ofqual must establish arrangements for the review, at the request of a recognised body, of a decision to withdraw recognition under this section.

s. 152(9)

The arrangements established under subsection (8) must require the decision on review to be made by a person who is independent of Ofqual.

s. 152(10)

A person is independent of Ofqual for the purposes of subsection (9) if the person is—

s. 152(10)(a)

an individual who is not a member of Ofqual or Ofqual's staff, or

s. 152(10)(b)

a body none of whose members is a member of Ofqual or Ofqual's staff.

s. 152A — Costs recovery

s. 152A(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.

s. 152A(2)

The references in subsection (1) to imposing a sanction are to—

s. 152A(2)(a)

giving a direction under section 151;

s. 152A(2)(b)

imposing a monetary penalty under section 151A;

s. 152A(2)(c)

withdrawing recognition under section 152.

s. 152A(3)

“Costs” includes in particular—

s. 152A(3)(a)

investigation costs;

s. 152A(3)(b)

administration costs;

s. 152A(3)(c)

costs of obtaining expert advice (including legal advice).

s. 152A(4)

A notice given to a recognised body under subsection (1) must contain information as to—

s. 152A(4)(a)

the amount required to be paid,

s. 152A(4)(b)

how payment may be made,

s. 152A(4)(c)

the period within which payment is required to be made (which must not be less than 28 days),

s. 152A(4)(d)

rights of appeal,

s. 152A(4)(e)

the period within which an appeal may be made, and

s. 152A(4)(f)

the consequences of non-payment.

s. 152A(5)

The body may require Ofqual to provide a detailed breakdown of the amount specified in the notice.

s. 152B — Costs recovery: appeals

s. 152B(1)

A recognised body may appeal to the First-tier Tribunal against—

s. 152B(1)(a)

a decision under section 152A(1) to require the body to pay costs;

s. 152B(1)(b)

a decision as to the amount of those costs.

s. 152B(2)

An appeal under this section may be made on the grounds—

s. 152B(2)(a)

that the decision was based on an error of fact;

s. 152B(2)(b)

that the decision was wrong in law;

s. 152B(2)(c)

that the decision was unreasonable.

s. 152B(3)

The requirement to pay the costs is suspended pending the determination of an appeal under this section.

s. 152B(4)

On an appeal under this section the Tribunal may—

s. 152B(4)(a)

withdraw the requirement to pay the costs;

s. 152B(4)(b)

confirm that requirement;

s. 152B(4)(c)

vary that requirement;

s. 152B(4)(d)

take such steps as Ofqual could take in relation to the failure to comply giving rise to the decision to impose the requirement;

s. 152B(4)(e)

remit the decision whether to confirm the requirement to pay the costs, or any matter relating to that decision, to Ofqual.

s. 152C — Costs: interest and recovery

s. 152C(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.

s. 152C(2)

The applicable date is—

s. 152C(2)(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;

s. 152C(2)(b)

if an appeal under section 152B in respect of the costs is made—

s. 152C(2)(b)(i)

the date on which the appeal is determined, or

s. 152C(2)(b)(ii)

if the appeal is withdrawn before being determined, the date on which the appeal is withdrawn.

s. 152C(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).

s. 152C(4)

The total amount of interest imposed under subsection (3) must not exceed the amount of the costs.

s. 152C(5)

Ofqual may recover from the body, as a civil debt due to it, the unpaid amount of the costs and any unpaid interest.

s. 153 — Qualifications regulatory framework

s. 153(1)

Ofqual must prepare and publish—

s. 153(1)(a)

a statement of how Ofqual intends to perform the monitoring and enforcement functions, and

s. 153(1)(b)

guidance to recognised bodies in relation to the award and authentication of qualifications in respect of which they are recognised.

s. 153(2)

The statement and guidance mentioned in subsection (1) are together referred to in this section as “the qualifications regulatory framework”.

s. 153(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).

s. 153(4)

The guidance may in particular specify—

s. 153(4)(a)

descriptions of behaviour which Ofqual considers complies with a general condition;

s. 153(4)(b)

descriptions of behaviour which Ofqual considers does not comply with a general condition;

s. 153(4)(c)

factors which Ofqual will take into account in determining whether or not a recognised body's behaviour complies with a general condition.

s. 153(5)

Ofqual—

s. 153(5)(a)

may revise the qualifications regulatory framework, and

s. 153(5)(b)

if it does so, must publish the revised version.

s. 153(6)

Before publishing the qualifications regulatory framework or a revised version of it, Ofqual must consult such persons as it considers appropriate.

s. 153(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.

s. 153(8)

In subsection (1) “the monitoring and enforcement functions” means—

s. 153(8)(a)

Ofqual's power under section 132(3)(d) (power to impose other conditions);

s. 153(8)(b)

Ofqual's functions under sections 132(4) and 134 (functions in relation to general conditions);

s. 153(8)(c)

Ofqual's functions under an entry and inspection condition to which a recognition is subject (see section 135);

s. 153(8)(d)

Ofqual's functions under section 138(1) (power to determine that a qualification is subject to the accreditation requirement);

s. 153(8)(e)

Ofqual's functions under sections 149 to 152C .

s. 154 — Review of qualifications to which Part applies

Ofqual may keep under review all aspects of qualifications to which this Part applies.

s. 155 — Review of system for allocating values to qualifications

s. 155(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.

s. 155(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.

s. 155(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.

s. 155(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).

s. 156 — Co-operation and joint working

s. 156(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.

s. 156(2)

“Public authority” includes any person who performs functions (whether or not in the United Kingdom) which are of a public nature.

s. 156(3)

In this Chapter “qualifications functions” means functions in connection with qualifications to which this Part applies.

s. 157 — Power to provide information to qualifications regulators

s. 157(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.

s. 157(2)

For the purposes of this section—

s. 157(2)(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

s. 157(2)(b)

a function of a qualifications regulator is a relevant function if it is similar to any of the qualifications functions of Ofqual.

s. 157(3)

Nothing in this section—

s. 157(3)(a)

affects any power to disclose information that exists apart from this section, or

s. 157(3)(b)

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

s. 158 — Interpretation of Chapter

s. 158(1)

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;...“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.

s. 158(2)

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.

s. 158(3)

For the purposes of this Chapter a qualification is relevant for 2008 Act purposes if it falls within section 145(9).

s. 159 — NC assessment arrangements: duty to consult Ofqual etc.

s. 159(1)

Section 87 of the Education Act 2002 (c. 32) (establishment of the National Curriculum for England by order) is amended as follows.

s. 159(2)

Before subsection (7) insert—

s. 159(3)

After subsection (8) insert—

s. 159(4)

After subsection (12) (as inserted by paragraph 35 of Schedule 12) insert—

s. 160 — EYFS assessment arrangements: duty to consult Ofqual etc.

s. 160(1)

Section 42 of the Childcare Act 2006 (c. 21) (further provisions about assessment arrangements) is amended as follows.

s. 160(2)

Before subsection (1) insert—

s. 160(3)

After subsection (3) insert—

s. 160(4)

After subsection (6A) (as inserted by paragraph 40 of Schedule 12) insert—

s. 161 — Review of regulated assessment arrangements

s. 161(1)

Ofqual must keep under review all aspects of NC assessment arrangements.

s. 161(2)

Ofqual must keep under review all aspects of EYFS assessment arrangements.

s. 162 — Powers to require information

s. 162(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).

s. 162(2)

The persons are—

s. 162(2)(a)

the Secretary of State;

s. 162(2)(b)

an NC responsible body;

s. 162(2)(c)

Her Majesty's Chief Inspector of Education, Children's Services and Skills;

s. 162(2)(d)

any other person specified or of a description specified in regulations.

s. 162(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).

s. 162(4)

The persons are—

s. 162(4)(a)

the Secretary of State;

s. 162(4)(b)

an EYFS responsible body;

s. 162(4)(c)

Her Majesty's Chief Inspector of Education, Children's Services and Skills;

s. 162(4)(d)

any other person specified or of a description specified in regulations.

s. 162(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.

s. 163 — Duty to notify significant failings

s. 163(1)

If it appears to Ofqual that there is or is likely to be a significant failing in NC assessment arrangements Ofqual must notify—

s. 163(1)(a)

the Secretary of State, and

s. 163(1)(b)

any NC responsible body whose act or omission appears to Ofqual to have contributed to the significant failing.

s. 163(2)

If it appears to Ofqual that there is or is likely to be a significant failing in EYFS assessment arrangements Ofqual must notify—

s. 163(2)(a)

the Secretary of State, and

s. 163(2)(b)

any EYFS responsible body whose act or omission appears to Ofqual to have contributed to the significant failing.

s. 163(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.

s. 164 — NC assessments regulatory framework

s. 164(1)

Ofqual must prepare and publish a document (“the NC assessments regulatory framework”) which—

s. 164(1)(a)

contains a description of how Ofqual intends to perform its function under section 161(1), and

s. 164(1)(b)

gives guidance to NC responsible bodies about the performance of their functions in relation to NC assessment arrangements.

s. 164(2)

Ofqual—

s. 164(2)(a)

may revise the NC assessments regulatory framework, and

s. 164(2)(b)

if it does so, it must publish the revised version.

s. 164(3)

Before publishing the NC assessments regulatory framework or a revised version of it, Ofqual must consult—

s. 164(3)(a)

the Secretary of State, and

s. 164(3)(b)

such NC responsible bodies and other persons as it considers appropriate.

s. 164(4)

An NC responsible body must have regard to the NC assessments regulatory framework in performing its functions in relation to NC assessment arrangements.

s. 165 — EYFS assessments regulatory framework

s. 165(1)

Ofqual must prepare and publish a document (“the EYFS assessments regulatory framework”) which—

s. 165(1)(a)

contains a description of how Ofqual intends to perform its function under section 161(2), and

s. 165(1)(b)

gives guidance to EYFS responsible bodies about the performance of their functions in relation to EYFS assessment arrangements.

s. 165(2)

Ofqual—

s. 165(2)(a)

may revise the EYFS assessments regulatory framework, and

s. 165(2)(b)

if it does so, it must publish the revised version.

s. 165(3)

Before publishing the EYFS assessments regulatory framework or a revised version of it, Ofqual must consult—

s. 165(3)(a)

the Secretary of State, and

s. 165(3)(b)

such EYFS responsible bodies and other persons as it considers appropriate.

s. 165(4)

An EYFS responsible body must have regard to the EYFS assessments regulatory framework in performing its functions in relation to EYFS assessment arrangements.

s. 166 — 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.

s. 167 — Provision of services

s. 167(1)

Ofqual may, in connection with any of its functions, provide services to any person (whether or not in the United Kingdom).

s. 167(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.

s. 167(3)

Ofqual may charge a fee for, or in connection with, any service provided by virtue of this section.

s. 168 — Provision of information or advice

s. 168(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.

s. 168(2)

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

s. 169 — Research and development

s. 169(1)

Ofqual may carry out programmes of research and development for purposes connected with—

s. 169(1)(a)

qualifications to which this Part applies, or

s. 169(1)(b)

regulated assessment arrangements.

s. 169(2)

Ofqual may commission, co-ordinate or facilitate the carrying out of programmes of research and development for the purposes mentioned in subsection (1).

s. 170 — Duty not to impose or maintain unnecessary burdens

s. 170(1)

Ofqual must keep its regulatory functions under review.

s. 170(2)

Ofqual must secure that in performing any of its regulatory functions it does not—

s. 170(2)(a)

impose burdens which it considers to be unnecessary, or

s. 170(2)(b)

maintain burdens which it considers to have become unnecessary.

s. 170(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.

s. 170(4)

Ofqual must publish a statement setting out—

s. 170(4)(a)

what it proposes to do pursuant to subsections (1) and (2) in the period to which the statement relates,

s. 170(4)(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

s. 170(4)(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.

s. 170(5)

The first statement published under this section—

s. 170(5)(a)

must be published as soon as reasonably practicable after the commencement of section 127, and

s. 170(5)(b)

is to be a statement for the period of 12 months beginning with the day of its publication.

s. 170(6)

A subsequent statement published under this section—

s. 170(6)(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

s. 170(6)(b)

must be a statement for the period of 12 months beginning with the end of the period to which the previous statement related.

s. 170(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.

s. 170(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).

s. 171 — Annual and other reports

s. 171(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”).

s. 171(2)

The annual report must include—

s. 171(a)

a statement of what Ofqual has done in performing its functions in the reporting period;

s. 171(b)

an assessment of the extent to which Ofqual has met its objectives in that period;

s. 171(c)

details of any information obtained by Ofqual in that period on the levels of attainment in relevant regulated qualifications.

s. 171(3)

“Relevant regulated qualifications” are regulated qualifications that are taken wholly or mainly by pupils at schools in England.

s. 171(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.

s. 171(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.

s. 171(6)

Ofqual must—

s. 171(6)(a)

lay a copy of each annual report before Parliament;

s. 171(6)(b)

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

s. 171(7)

Ofqual may prepare and publish other reports on matters relating to its functions.

s. 171(8)

If Ofqual prepares and publishes a report under subsection (7) it may—

s. 171(8)(a)

lay a copy of the report before Parliament;

s. 171(8)(b)

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

s. 171(9)

Ofqual may comply with subsection (1) by preparing and publishing a single document or separate documents ....

s. 171(10)

In this section “reporting period” means—

s. 171(10)(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;

s. 171(10)(b)

each successive period of 12 months.

s. 172 — Interpretation of Part

s. 172(1)

In this Part—“institution within the higher education sector”—in relation to England, has the same meaning as in the Education Act 1996 (c. 56) (see section 4(4) of that Act);...“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.

s. 172(2)

In this Part a reference to the award or authentication of a qualification includes a reference to—

s. 172(2)(a)

the award or authentication of credits in respect of components of a qualification, and

s. 172(2)(b)

the award or authentication of a qualification by a body either alone or jointly with others.

s. 172(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.

s. 173 — Transfer schemes

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

s. 174 — 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

s. 175 — The Qualifications and Curriculum Development Agency

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

s. 176 — Objective

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

s. 177 — General duties

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

s. 178 — Qualifications within the QCDA's remit

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

s. 179 — Qualifications: general functions

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

s. 180 — Assistance etc. in relation to qualifications functions of Ofqual

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

s. 181 — Curriculum

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

s. 182 — Early learning goals and educational programmes

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

s. 183 — Assessment arrangements

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

s. 184 — Provision of services or other assistance

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

s. 185 — Provision of information or advice

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

s. 186 — Ancillary activities

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

s. 187 — Co-operation and joint working

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

s. 188 — Power to confer supplementary functions on the QCDA

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

s. 189 — Directions etc. by the Secretary of State

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

s. 190 — Guidance by the Secretary of State

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

s. 191 — Interpretation of Part

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

s. 192 — 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

s. 193 — Arrangements to promote co-operation

s. 193(1)

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).

s. 193(2)

In subsection (4)—

s. 193(2)(a)

after paragraph (f) insert—;

s. 193(2)(b)

omit paragraph (g).

s. 193(3)

After subsection (5) insert—

s. 193(4)

Omit subsections (6) and (7).

s. 193(5)

After subsection (9) insert—

s. 194 — Children's Trust Boards

s. 194(1)

Part 2 of the Children Act 2004 (c. 31) (children's services in England) is amended as set out in subsections (2) to (5).

s. 194(2)

After section 12 insert—

s. 194(3)

For section 17 substitute—

s. 194(4)

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 ”.

s. 194(5)

In section 23(3) (sections 20 to 22: meaning of “children's services”) in paragraph (b) for “13” substitute “ 12B ”.

s. 194(6)

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 ”.

s. 194(7)

In section 66(3) of that Act (regulations and orders subject to affirmative procedure) after “12” insert “ , 12B(1)(b) ”.

s. 194(8)

In section 47A of the School Standards and Framework Act 1998 (schools forums)—

s. 194(8)(a)

after subsection (3) insert—;

s. 194(8)(b)

after subsection (9) insert—

s. 194(9)

In section 21 of the Education Act 2002 (c. 32)—;

s. 194(9)(a)

in subsection (9) for paragraph (a) (but not the “and” immediately after it) substitute—

s. 194(9)(b)

after subsection (9) insert—

s. 195 — Targets for safeguarding and promoting the welfare of children

s. 195(1)

Before section 10 of the Children Act 2004 (c. 31) insert—

s. 195(2)

In section 66 of that Act (regulations and orders)—

s. 195(2)(a)

in subsection (4) after “containing” insert “ the first regulations under section 9A or ”;

s. 195(2)(b)

in subsection (5)(a) for “to which subsection (3) does not apply” substitute “ to which neither of subsections (3) and (4) applies ”.

s. 195(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—

s. 195(3)(a)

in the first column, after “Sections” insert “ 9A, ”;

s. 195(3)(b)

in the second column, after “to” insert “ targets for safeguarding and promoting the welfare of children, and to ”.

s. 196 — Local Safeguarding Children Boards: lay members

s. 196(1)

Part 2 of the Children Act 2004 is amended as follows.

s. 196(2)

In section 13 (establishment of LSCBs) after subsection (5) insert—

s. 196(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) ”.

s. 197 — Local Safeguarding Children Boards: annual reports

After section 14 of the Children Act 2004 (c. 31) insert—

s. 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—

s. 199 — Inspection of children's centres

After Part 3 of the Childcare Act 2006 (c. 21) (regulation of provision of childcare in England) insert—

s. 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—.

s. 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—

s. 202 — Free of charge early years provision: budgetary framework: England

s. 202(1)

The School Standards and Framework Act 1998 (c. 31) is amended as follows.

s. 202(2)

In section 45A (determination of specified budgets of local authority), after subsection (4A) insert—

s. 202(3)

After section 47 (determination of school's budget share) insert—

Part 10

Schools

s. 203 — Powers in relation to schools causing concern: England

Schedule 13 makes provision in relation to schools causing concern in England.

s. 204 — Power to require local authorities in England to obtain advisory services

s. 204(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.

s. 204(2)

After subsection (1) insert—

s. 204(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);”.

s. 205 — Powers in relation to schools causing concern: Wales

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

s. 206 — Complaints to which this Chapter applies

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

s. 207 — Power of Local Commissioner to investigate complaint

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

s. 208 — Time-limit etc for making complaint

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

s. 209 — Procedure in respect of investigations

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

s. 210 — Investigations: further provisions

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

s. 211 — Statements about investigations

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

s. 212 — Adverse findings notices

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

s. 213 — Publication of statements etc. by Local Commissioner

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

s. 214 — Disclosure of information

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

s. 215 — Permitted disclosures of information by Local Commissioner

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

s. 216 — Law of defamation

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

s. 217 — Consultation with Parliamentary Commissioner for Administration

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

s. 218 — Arrangements etc. to be made by Commission

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

s. 219 — Annual reports

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

s. 220 — Secretary of State's power of direction

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

s. 221 — Disapplication of certain powers of Secretary of State

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

s. 222 — Power to amend meaning of “qualifying school”

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

s. 223 — Amendments consequential on Chapter 2

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

s. 224 — Interpretation of Chapter 2

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

s. 225 — Interim statements

s. 225(1)

The Education Act 2005 (c. 18) is amended as follows.

s. 225(2)

After section 10 insert—

s. 225(3)

In the italic heading before section 14 after “reports” insert “ and interim statements ”.

s. 225(4)

After section 14 insert—

s. 225(5)

In the italic heading before section 16 after “reports” insert “ and interim statements ”.

s. 225(6)

After section 16 insert—

s. 225(7)

In section 18 (interpretation of Chapter) after the definition of “the Chief Inspector” insert—.

s. 226 — Powers of persons providing administrative support in connection with inspections

s. 226(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.

s. 226(2)

In paragraph 9(1) (delegation of functions), after paragraph (c) insert, (and omit “or” at the end of paragraph (b)).

s. 226(3)

In paragraph 9(2)(a) for “and 11(4)” substitute “ , 11(4) and 11A(3) ”.

s. 226(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)).

s. 226(5)

After paragraph 11 insert—

s. 227 — The School Support Staff Negotiating Body

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

s. 228 — Matters within SSSNB's remit

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

s. 229 — Referral of matter to SSSNB for consideration

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

s. 230 — Consideration of other matters by SSSNB

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

s. 231 — Agreement submitted by SSSNB under section 229 or 230

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

s. 232 — Reconsideration of agreement by SSSNB

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

s. 233 — SSSNB's submission of agreement following reconsideration: powers of Secretary of State

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

s. 234 — Powers of Secretary of State in absence of SSSNB agreement

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

s. 235 — Effect of order ratifying SSSNB agreement

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

s. 236 — Effect of order making provision otherwise than in terms of SSSNB agreement

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

s. 237 — Orders: supplementary

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

s. 238 — Guidance

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

s. 239 — Non-statutory School Support Staff Negotiating Body

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

s. 240 — “School support staff”

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

s. 241 — General interpretation

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

Part 11

Learners

s. 242 — Power of members of staff to search pupils for prohibited items: England

s. 242(1)

After section 550A of the Education Act 1996 (c. 56) insert—

s. 242(2)

In section 569 of the Education Act 1996 (c. 56) (regulations)—

s. 242(2)(a)

in subsection (2) after “this Act,” insert “ other than one falling within subsection (2A), ”, and

s. 242(2)(b)

after subsection (2) insert—

s. 242(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 ”.

s. 243 — Power of members of staff to search pupils for weapons: Wales

s. 243(1)

Section 550AA of the Education Act 1996 (c. 56) (power of members of staff to search pupils for weapons) is amended as follows.

s. 243(2)

At the end of the title insert “ : Wales ”.

s. 243(3)

In each of subsections (1) and (4) after “a school” insert “ in Wales ”.

s. 244 — Power of members of staff to search students for prohibited items: England

s. 244(1)

After section 85A of the Further and Higher Education Act 1992 (c. 13) insert—

s. 244(2)

In section 89 of the Further and Higher Education Act 1992 (c. 13) (regulations etc)—

s. 244(2)(a)

in subsection (3) after “other than” insert “ one falling within subsection (3A) or ”, and

s. 244(2)(b)

after subsection (3) insert—

s. 245 — Power of members of staff to search students for weapons: Wales

s. 245(1)

Section 85B of the Further and Higher Education Act 1992 (power to search further education students for weapons) is amended as follows.

s. 245(2)

At the end of the title insert “ : Wales ”.

s. 245(3)

In subsection (1) after “an institution within the further education sector” insert “ in Wales ”.

s. 246 — Recording and reporting the use of force in schools: England

After section 93 of the Education and Inspections Act 2006 (c. 40) (power of members of staff to use force) insert—

s. 247 — Recording and reporting the use of force in FE institutions: England

After section 85C of the Further and Higher Education Act 1992 (power of members of staff to use force) insert—

s. 248 — Co-operation with a view to promoting good behaviour, etc.: England

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

s. 249 — Regulations about pupil referral units

s. 249(1)

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

s. 249(2)

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

s. 249(3)

After paragraph 3 of Schedule 1 to the Education Act 1996 (c. 56) (short stay schools: further provision) insert—

Part 12

Miscellaneous

s. 250 — Careers education in schools: England

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

s. 251 — Information about planned and actual expenditure

s. 251(1)

The Secretary of State may direct a local authority in England to provide information about its planned and actual expenditure in connection with—

s. 251(1)(a)

its education functions;

s. 251(1)(b)

its children's social services functions.

s. 251(2)

The Secretary of State may also direct a local authority in England to provide information about accountable resources held, received or expended by any person in relation to a school maintained by the authority.

s. 251(3)

Information to which a direction under this section relates must be provided in accordance with the direction.

s. 251(4)

A direction under this section may (in particular) include provision about—

s. 251(4)(a)

the period to which information is to relate;

s. 251(4)(b)

the form and manner in which information is to be provided;

s. 251(4)(c)

the persons to whom information is to be provided;

s. 251(4)(d)

the publication of information.

s. 251(5)

If a direction under this section requires information to be provided to a person other than the Secretary of State, the direction may also require that person to make the information available for inspection in accordance with the direction.

s. 252 — Information about expenditure: supplementary

s. 252(1)

This section applies for the purposes of section 251.

s. 252(2)

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

s. 252(3)

The children's social services functions of a local authority in England are—

s. 252(3)(a)

functions conferred on or exercisable by the authority which are social services functions, so far as those functions relate to children;

s. 252(3)(b)

functions conferred on the authority under sections 23C to 24D of the Children Act 1989 (c. 41), so far as not within paragraph (a);

s. 252(3)(c)

functions conferred on the authority ... under sections 10 to 12, 12C, 12D and 17A of the Children Act 2004 (c. 31).

s. 252(4)

“Accountable resources”, in relation to a school maintained by a local authority, means resources that are not provided by the authority in the exercise of its education functions, but in respect of which an obligation is imposed on the school's governing body by virtue of regulations under section 44 of the Education Act 2002 (c. 32) (accounts of maintained schools).

s. 252(5)

The Secretary of State may by order amend this section for one or more of the following purposes—

s. 252(5)(za)

specifying additional functions which are to be treated as education functions

s. 252(5)(a)

adding to the functions that are ... children's social services functions;

s. 252(5)(b)

removing or changing the description of functions that are education functions or children's social services functions.

s. 252(6)

In this section—.........“social services functions” has the same meaning as in the Local Authority Social Services Act 1970 (c. 42) (see section 1A of that Act).

s. 253 — Information about expenditure: consequential amendments

s. 253(1)

The School Standards and Framework Act 1998 (c. 31) is amended as follows.

s. 253(2)

In section 52 (the title of which becomes “Financial statements: Wales”), in subsections (1) and (2) after “local authority” insert “ in Wales ”.

s. 253(3)

Omit section 53 (certification of statements by Audit Commission).

s. 253A — Qualifications

s. 253A(1)

A person in England may, in prescribed circumstances, provide student information of a prescribed description to—

s. 253A(1)(a)

the Secretary of State,

s. 253A(1)(b)

an information collator,

s. 253A(1)(c)

a prescribed person, or

s. 253A(1)(d)

a person falling within a prescribed category.

s. 253A(2)

A person in Wales may, in prescribed circumstances, provide student information of a prescribed description to—

s. 253A(2)(a)

the Welsh Ministers,

s. 253A(2)(b)

an information collator,

s. 253A(2)(c)

a prescribed person, or

s. 253A(2)(d)

a person falling within a prescribed category.

s. 253A(3)

In subsection (2) “prescribed” means prescribed in regulations made by the Welsh Ministers.

s. 253A(4)

Subject to subsection (5)(a), information received under or by virtue of this section is not to be published in any form which identifies the individual to whom it relates.

s. 253A(5)

This section—

s. 253A(5)(a)

does not affect any power to provide or publish information which exists apart from this section, and

s. 253A(5)(b)

is subject to any express restriction on the provision of information imposed by another enactment.

s. 253A(6)

In this section—“information collator” means any body which, for the purposes of or in connection with functions of the Secretary of State or the Welsh Ministers, is responsible for collating or checking information relating to regulated qualifications or relevant qualifications;“regulated qualification” has the meaning given by section 130(1);“relevant qualification” has the meaning given to “qualification” by section 56 of the Qualifications Wales Act 2015;“student information” means information (whether obtained under this section or otherwise) relating to an individual who is seeking or has sought to obtain, or has obtained, a regulated qualification or a relevant qualification

s. 254 — Provision of social security information for purposes of functions under Education and Skills Act 2008

s. 254(1)

The Education and Skills Act 2008 (c. 25) is amended as follows.

s. 254(2)

Omit section 15 (supply of social security information for purposes of Part 1).

s. 254(3)

Section 17 (sharing and use of information held for purposes of support services or functions under Part 1) is amended as follows.

s. 254(4)

In subsection (1), for “provide relevant information to each other” substitute

s. 254(5)

In subsection (7), in the definition of “relevant information”, after paragraph (b), insert—“but does not include information provided under section 72 of the Welfare Reform and Pensions Act 1999;”.

s. 254(6)

At the end add—

s. 254(7)

Section 76 (supply of social security information for purposes of support services) is amended as follows.

s. 254(8)

Omit subsection (1).

s. 254(9)

For subsections (3) and (4) substitute—

s. 255 — Provision of other information in connection with support services

s. 255(1)

The Education and Skills Act 2008 (c. 25) is amended as follows.

s. 255(2)

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

s. 255(3)

After section 76 insert—

s. 256 — Further education corporations in England: co-operation and promotion of well-being

s. 256(1)

The Further and Higher Education Act 1992 (c. 13) is amended as follows.

s. 256(2)

In section 19 (supplementary powers of a further education corporation), after subsection (8) add—

s. 256(3)

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

s. 257 — Student loans under the 1998 Act: IVAs

s. 257(1)

The Teaching and Higher Education Act 1998 (c. 30) is amended as set out in subsections (2) and (3).

s. 257(2)

In section 22(3) (new arrangements for giving financial support to students), after paragraph (f) insert—

s. 257(3)

In section 46(8) (provisions extending to Northern Ireland), in the entry relating to section 22, for “(3)(e) or (f)” substitute “ (3)(e), (f), (g) or (h) ”.

s. 257(4)

Nothing in this section affects a voluntary arrangement that takes effect before this section comes into force.

s. 258 — Student loans under the 1990 Act: IVAs and bankruptcy

s. 258(1)

Subsections (2) to (5) have effect in relation to the Education (Student Loans) Act 1990 (c. 6) to the extent that that Act continues in force by virtue of any savings made, in connection with its repeal by the Teaching and Higher Education Act 1998 (c. 30), by an order under section 46(4) of that Act.

s. 258(2)

In Schedule 2 (loans for students), in paragraph 5(1) for “or 310” substitute “ , 310 or 310A ”.

s. 258(3)

In Schedule 2, after paragraph 5 insert—

s. 258(4)

In Schedule 2, after paragraph 6 insert—

s. 258(5)

In section 4, for subsection (4) (extent) substitute—

s. 258(6)

Nothing in this section affects a voluntary arrangement that takes effect, or a bankruptcy that commences, before this section comes into force.

s. 259 — Power to award foundation degrees: Wales

s. 259(1)

In section 76(1)(b) of the Further and Higher Education Act 1992 (c. 13) (power of Privy Council to specify further education institutions in England that may award foundation degrees) omit “in England”.

s. 259(2)

Within the period of four years beginning with the commencement of subsection (1) of this section, the Welsh Ministers must lay before the National Assembly for Wales a report about its effect.

s. 260 — Complaints: Wales

s. 260(1)

Section 29 of the Education Act 2002 (c. 32) (additional functions of governing body) is amended as follows.

s. 260(2)

In subsection (1) after “maintained school” insert “ in England ”.

s. 260(3)

In subsection (2) for the words from “(in relation to England)” to the end substitute “ by the Secretary of State ”.

s. 260(4)

After subsection (2) insert—

s. 261 — Local Government Act 1974: minor amendment

In paragraph 5(2) of Schedule 5 to the Local Government Act 1974 (c. 7) (exclusion of matters relating to teaching etc. in any school maintained by local authority), after “authority” insert “ , except so far as relating to special educational needs (within the meaning given by section 312 of the Education Act 1996) ”.

Part 13

General

s. 262 — Orders and regulations

s. 262(1)

A power to make an order or regulations under Chapter 1 of Part 1, or Part 3 or 4 , or section 253A —

s. 262(1)(a)

so far as exercisable by the Secretary of State, the Welsh Ministers or the Scottish Ministers, is exercisable by statutory instrument;

s. 262(1)(b)

so far as exercisable by the Department for Employment and Learning in Northern Ireland, is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

s. 262(2)

Any other power of the Secretary of State to make an order or regulations under this Act is exercisable by statutory instrument.

s. 262(3)

A power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Act (except a power conferred by section 17, 22 or 269) includes power—

s. 262(3)(a)

to make different provision for different purposes (including different areas);

s. 262(3)(b)

to make provision generally or in relation to specific cases;

s. 262(3)(c)

to make incidental, consequential, supplementary, transitional, transitory or saving provision.

s. 262(3A)

An order under section 83A(12) may amend, repeal or revoke any provision of, or in an instrument made under, this or any other Act.

s. 262(4)

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

s. 262(5)

Subject to subsections (6) to (8), a statutory instrument containing an order or regulations made by the Secretary of State under any provision of this Act (other than an order under section 269) is subject to annulment in pursuance of a resolution of either House of Parliament.

s. 262(6)

A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

s. 262(6)(za)

the first regulations under section A9;

s. 262(6)(zb)

the first regulations under section A10;

s. 262(6)(aa)

regulations under section 1(5);

s. 262(6)(aza)

regulations under section 40AA;

s. 262(6)(azb)

regulations under section 40AB;

s. 262(6)(aaa)

regulations under section 40B;

s. 262(6)(aab)

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

s. 262(6)(ab)

an order under section 83A(12);

s. 262(6)(b)

an order under section 88 or paragraph 9 of Schedule 5;

s. 262(6)(c)

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

s. 262(6)(d)

an order under section 130(5);

s. 262(6)(e)

an order under section 141(1);

s. 262(6)(ea)

an order under section 151B(2);

s. 262(6)(f)

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

s. 262(6)(g)

an order under section 252(5);

s. 262(6)(h)

an order under section 265 which amends or repeals any provision of an Act.

s. 262(7)

Subsections (5) and (6) do not apply to a statutory instrument which contains only—

s. 262(7)(a)

an order revoking an order under section 141(1), or

s. 262(7)(b)

an order 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.

s. 262(8)

A statutory instrument within subsection (7) must be laid before Parliament.

s. 262(9)

Subject to subsection (10), a statutory instrument containing an order or regulations made by the Welsh Ministers under Chapter 1 of Part 1 (other than an order under section 10) or under section 68 , 107 or 253A is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

s. 262(10)

A statutory instrument which contains (whether alone or with other provision) regulations under section 2(5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

s. 262(11)

A statutory instrument containing an order made by the Scottish Ministers under section 68 or 107 is subject to annulment in pursuance of a resolution of the Scottish Parliament.

s. 262(12)

A statutory rule containing an order made by the Department for Employment and Learning in Northern Ireland under section 68 or 107 is to be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if it were a statutory instrument within the meaning of that Act.

s. 262(13)

If a draft of an instrument containing an order under paragraph 9 of Schedule 5 would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

s. 263 — Directions

A direction given under this Act—

s. 263(a)

may be amended or revoked by the person or body by whom it is given;

s. 263(b)

may make different provision for different purposes.

s. 264 — General interpretation of Act

s. 264(1)

In this Act, unless the context otherwise requires—“prescribed” means prescribed by regulations;“regulations” means regulations made by the Secretary of State.

s. 264(2)

Subject to subsections (4) and (5), the Education Act 1996 (c. 56) and the provisions of this Act specified in subsection (3) are to be construed as if those provisions were contained in that Act.

s. 264(3)

The provisions are—

s. 264(3)(a)

Parts 3, 4 and 5;

s. 264(3)(b)

Parts 7 and 8;

s. 264(3)(c)

Chapter 4 of Part 10;

s. 264(3)(d)

sections 248, 251 and 252.

s. 264(4)

Section 562 of the Education Act 1996 (Act not to apply to certain persons detained under order of a court) does not apply to functions of the Secretary of State under Part 4.

s. 264(5)

If—the expression's local meaning applies instead of its 1996 Act meaning.

s. 264(5)(a)

an expression is given a meaning for the purposes of a provision within subsection (3) (its “local meaning”), and

s. 264(5)(b)

that meaning is different from the meaning given to it for the purposes of the Education Act 1996 (its “1996 Act meaning”),

s. 264(6)

Unless the context otherwise requires, a reference in this Act to—is to such a school within the meaning of the School Standards and Framework Act 1998 (c. 31).

s. 264(6)(a)

a community, foundation or voluntary school, or

s. 264(6)(b)

a community or foundation special school,

s. 265 — Power to make consequential and transitional provision etc.

s. 265(1)

The Secretary of State may by order make—as the Secretary of State thinks appropriate for the general purposes, or any particular purpose, of this Act or in consequence of, or for giving full effect to, any provision made by this Act.

s. 265(1)(a)

such supplementary, incidental or consequential provision, or

s. 265(1)(b)

such transitory, transitional or saving provision,

s. 265(2)

An order under this section may in particular—

s. 265(2)(a)

provide for any provision of this Act which comes into force before another provision made by or under this or any other Act has come into force to have effect, until that other provision has come into force, with specified modifications;

s. 265(2)(b)

amend, repeal, revoke or otherwise modify any provision of—

s. 265(2)(b)(i)

an Act passed before or in the same Session as this Act, or

s. 265(2)(b)(ii)

an instrument made under an Act before the passing of this Act.

s. 265(3)

Nothing in this section limits the powers conferred by section 262(3)(c) or 269(8)(b).

s. 265(4)

The amendments that may be made by virtue of subsection (2)(b) are in addition to those that are made by any other provision of this Act.

s. 266 — Repeals and revocations

Schedule 16 contains repeals and revocations (including repeals and revocations of spent provisions).

s. 267 — Financial provisions

s. 267(1)

There are to be paid out of money provided by Parliament—

s. 267(1)(a)

any expenditure incurred by virtue of this Act by the Secretary of State,

s. 267(1)(b)

any expenditure incurred by virtue of this Act by the Office of Qualifications and Examinations Regulation, and

s. 267(1)(c)

any increase attributable to this Act in the sums payable by virtue of any other Act out of money provided by Parliament.

s. 267(2)

Any sums received by the Secretary of State by virtue of Chapter A1 of Part 1, section 78(3)(c), paragraph 18(3)(d) of Schedule 3 or paragraph 6(3)(d) of Schedule 4 are to be paid into the Consolidated Fund.

s. 268 — Extent

s. 268(1)

This Act extends to England and Wales only, subject to subsections (2) to (4).

s. 268(2)

Section 40, Part 1A, sections 68, 69, 107, 108 and this Part also extend to Scotland.

s. 268(3)

Part 1A, sections 68, 70, 107, 109, Part 7, sections 257 and 258 and this Part also extend to Northern Ireland.

s. 268(4)

An amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates.

s. 269 — Commencement

s. 269(1)

This Part (except section 266) comes into force on the day on which this Act is passed.

s. 269(2)

The following provisions of this Act come into force at the end of two months beginning with the day on which this Act is passed—

s. 269(2)(a)

section 58 (and the associated entries in Schedule 16);

s. 269(2)(b)

sections 198 to 201.

s. 269(3)

The following provisions of this Act come into force on such day as the Welsh Ministers may by order appoint—

s. 269(3)(a)

sections 2 and 7 to 10;

s. 269(3)(b)

sections 11 and 12, so far as relating to Wales;

s. 269(3)(c)

sections 18 to 22;

s. 269(3)(d)

sections 28 to 31;

s. 269(3)(e)

section 39, so far as relating to Wales;

s. 269(3)(f)

sections 48 to 52, so far as relating to Wales;

s. 269(3)(g)

paragraphs 54 to 56 of Schedule 6, so far as relating to Wales;

s. 269(3)(h)

paragraphs 11, 13 and 27 of Schedule 12, so far as relating to Wales (and the associated entries in Schedule 16);

s. 269(3)(i)

paragraphs 14 to 19 and 29 of Schedule 12 (and the associated entries in Schedule 16);

s. 269(3)(j)

sections 174 and 192 so far as they relate to the paragraphs of Schedule 12 mentioned in paragraphs (h) and (i);

s. 269(3)(k)

section 205 and Schedule 14;

s. 269(3)(l)

section 259 (and the associated entry in Schedule 16);

s. 269(3)(m)

section 260;

s. 269(3)(n)

section 266, so far as it relates to the entries in Schedule 16 mentioned in paragraphs (h), (i) and (l).

s. 269(4)

The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.

s. 269(5)

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

s. 269(6)

Before making an order under subsection (4) bringing into force any provision of Part 7 which confers functions on the Office of Qualifications and Examinations Regulation in relation to Northern Ireland, the Secretary of State must consult the Department for Employment and Learning in Northern Ireland.

s. 269(7)

The powers conferred by this section are exercisable by statutory instrument.

s. 269(8)

An order under this section may—

s. 269(8)(a)

appoint different days for different purposes (including different areas);

s. 269(8)(b)

contain transitional, transitory or saving provision in connection with the coming into force of this Act.

s. 270 — Short title

s. 270(1)

This Act may be cited as the Apprenticeships, Skills, Children and Learning Act 2009.

s. 270(2)

This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56).

Sch 1

The Institute for Apprenticeships

Sch 1 para 1

The IfA is to perform its functions on behalf of the Crown.

Sch 1 para 2

Sch 1 para 2(1)

The IfA is to consist of—

Sch 1 para 2(1)(a)

a member appointed by the Secretary of State to chair the IfA (“the chair”);

Sch 1 para 2(1)(b)

the chief executive appointed in accordance with paragraph 5;

Sch 1 para 2(1)(c)

at least 4 and no more than 10 other members appointed by the Secretary of State.

Sch 1 para 2(2)

The chair and members appointed under sub-paragraph (1)(c) are referred to in this Schedule as the “non-executive members”.

Sch 1 para 3

Sch 1 para 3(1)

The non-executive members hold and vacate office in accordance with the terms of their appointment.

Sch 1 para 3(2)

Those terms are to be determined by the Secretary of State, subject to the following provisions of this Schedule.

Sch 1 para 3(3)

A non-executive member must not be appointed for a term of more than five years.

Sch 1 para 3(4)

A non-executive member may resign from office at any time by giving written notice to the Secretary of State.

Sch 1 para 3(5)

The Secretary of State may remove a non-executive member from office on either of the following grounds—

Sch 1 para 3(5)(a)

inability or unfitness to carry out the duties of office;

Sch 1 para 3(5)(b)

absence from the IfA's meetings for a continuous period of more than 6 months without the IfA's permission.

Sch 1 para 3(6)

The previous appointment of a person as a non-executive member does not affect the person's eligibility for re-appointment.

Sch 1 para 4

Sch 1 para 4(1)

The IfA must, if the Secretary of State requires it to do so, pay remuneration, allowances and expenses to its non-executive members.

Sch 1 para 4(2)

The IfA must, if the Secretary of State requires it to do so, pay, or make provision for the payment of, a pension, allowances or gratuities to or in respect of a person who is or has been a non-executive member.

Sch 1 para 4(3)

If a person ceases to be a non-executive member of the IfA and the Secretary of State decides that the person should be compensated because of special circumstances, the IfA must pay compensation to the person.

Sch 1 para 4(4)

The amount of a payment under sub-paragraph (1), (2) or (3) is to be determined by the Secretary of State.

Sch 1 para 4(5)

Service as a non-executive member is one of the kinds of service to which a scheme under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants etc) can apply (see Schedule 1 to that Act).

Sch 1 para 4(6)

The IfA must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to the provision of pensions, allowances or gratuities under section 1 of the Superannuation Act 1972 payable to or in respect of non-executive members in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Sch 1 para 5

Sch 1 para 5(1)

The first chief executive is to be appointed by the Secretary of State on conditions of service determined by the Secretary of State, after consulting the chair.

Sch 1 para 5(2)

Subsequent chief executives are to be appointed by the IfA after consulting the Secretary of State.

Sch 1 para 5(3)

The chief executive must not be appointed for a term of more than five years.

Sch 1 para 5(4)

The previous appointment of a person as chief executive does not affect the person's eligibility for re-appointment.

Sch 1 para 5(5)

The chief executive holds that office as a member of staff of the IfA.

Sch 1 para 5(6)

The IfA may appoint other members of staff.

Sch 1 para 5(7)

Service as a member of staff of the IfA is employment in the civil service of the State.

Sch 1 para 5(8)

The following are to be determined by the IfA with the approval of the Secretary of State—

Sch 1 para 5(8)(a)

the number of members of staff of the IfA (in addition to the chief executive);

Sch 1 para 5(8)(b)

the conditions of service of staff of the IfA.

Sch 1 para 5(9)

Sub-paragraph (8)(b) is subject to sub-paragraph (1).

Sch 1 para 6

The Secretary of State and the IfA may enter into arrangements with each other for the provision to the IfA by the Secretary of State, on such terms as may be agreed, of staff, accommodation or services.

Sch 1 para 7

Sch 1 para 7(1)

The IfA may establish committees, and any committee established by the IfA may establish sub-committees.

Sch 1 para 7(2)

The IfA may—

Sch 1 para 7(2)(a)

dissolve a sub-committee established under sub-paragraph (1), or

Sch 1 para 7(2)(b)

alter the purposes for which such a sub-committee is established.

Sch 1 para 7(3)

In this Schedule a committee or sub-committee established under sub-paragraph (1) is referred to as an “IfA committee”.

Sch 1 para 7(4)

An IfA committee must include at least two persons who are members of the IfA or its staff.

Sch 1 para 7(5)

The IfA may, with the approval of the Secretary of State, arrange for the payment of remuneration, allowances and expenses to any person who—

Sch 1 para 7(5)(a)

is a member of an IfA committee, but

Sch 1 para 7(5)(b)

is not a member of the IfA or its staff.

Sch 1 para 7(6)

The IfA must, if directed to do so by the Secretary of State, review—

Sch 1 para 7(6)(a)

the structure of IfA committees, and

Sch 1 para 7(6)(b)

the scope of the activities of each IfA committee.

Sch 1 para 8

Sch 1 para 8(1)

The IfA may regulate—

Sch 1 para 8(1)(a)

its own proceedings (including quorum), and

Sch 1 para 8(1)(b)

the procedure (including quorum) of IfA committees.

Sch 1 para 8(2)

The validity of proceedings of the IfA, or of an IfA committee, is not affected by—

Sch 1 para 8(2)(a)

a vacancy;

Sch 1 para 8(2)(b)

a defective appointment.

Sch 1 para 9

Sch 1 para 9(1)

Subject to sub-paragraphs (2) and (3), the IfA may authorise any of the following to exercise functions on its behalf—

Sch 1 para 9(1)(a)

a member of the IfA;

Sch 1 para 9(1)(b)

a member of the IfA's staff;

Sch 1 para 9(1)(c)

an IfA committee;

Sch 1 para 9(1)(d)

any other person.

Sch 1 para 9(2)

The IfA may not authorise any of the functions under sections ZA2A, A2, ZA10, ZA11, A2D2 to A2D9 and A2E to A2IB to be exercised on its behalf—

Sch 1 para 9(2)(a)

under sub-paragraph (1)(c), by a committee a majority of the members of which are not members of the IfA's staff, or

Sch 1 para 9(2)(b)

under sub-paragraph (1)(d).

Sch 1 para 9(3)

The IfA may authorise the exercise on its behalf of functions that have been—only if and to the extent that the directions or regulations so provide.

Sch 1 para 9(3)(a)

delegated to the IfA by directions under section ZA4, or

Sch 1 para 9(3)(b)

conferred on the IfA by regulations under section ZA5,

Sch 1 para 10

Sch 1 para 10(1)

The IfA may—

Sch 1 para 10(1)(a)

provide information or advice to any person in connection with any of the IfA's functions;

Sch 1 para 10(1)(b)

co-operate or work jointly with any person where it is appropriate to do so for the efficient and effective performance of any of the IfA's functions;

Sch 1 para 10(1)(c)

carry out research for the purposes of, or in connection with, the IfA's functions;

Sch 1 para 10(1)(ca)

use, in the exercise of any of its functions, information obtained by it in the exercise of any of its other functions;

Sch 1 para 10(1)(d)

do anything else that the IfA considers necessary or appropriate for the purposes of, or in connection with, its functions.

Sch 1 para 10(2)

The powers in sub-paragraph (1) are subject to any restrictions imposed by or under any provision of any Act.

Sch 1 para 10(3)

The IfA may not borrow money.

Sch 1 para 10(4)

The IfA may not, without the consent of the Secretary of State—

Sch 1 para 10(4)(a)

lend money,

Sch 1 para 10(4)(b)

form, participate in forming or invest in a company, or

Sch 1 para 10(4)(c)

form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993).

Sch 1 para 10(5)

In sub-paragraph (4) the reference to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.

Sch 1 para 11

Sch 1 para 11(1)

The IfA must—

Sch 1 para 11(1)(a)

keep proper accounts and proper records in relation to its accounts, and

Sch 1 para 11(1)(b)

prepare in respect of each financial year a statement of accounts.

Sch 1 para 11(2)

Each statement of accounts must comply with any directions given by the Secretary of State as to—

Sch 1 para 11(2)(a)

the information to be contained in it,

Sch 1 para 11(2)(b)

the manner in which such information is to be presented, or

Sch 1 para 11(2)(c)

the methods and principles according to which the statement is to be prepared.

Sch 1 para 11(3)

The IfA must send a copy of each statement of accounts to—before the end of the month of August following the financial year to which the statement relates.

Sch 1 para 11(3)(a)

the Secretary of State, and

Sch 1 para 11(3)(b)

the Comptroller and Auditor General,

Sch 1 para 11(4)

The Comptroller and Auditor General must—

Sch 1 para 11(4)(a)

examine, certify and report on each statement of accounts, and

Sch 1 para 11(4)(b)

send a copy of each report and certified statement to the Secretary of State.

Sch 1 para 11(5)

The Secretary of State must lay before Parliament—

Sch 1 para 11(5)(a)

a copy of each statement sent to the Secretary of State under sub-paragraph (3), and

Sch 1 para 11(5)(b)

a copy of each report and certified statement sent to the Secretary of State under sub-paragraph (4).

Sch 1 para 11(6)

“Financial year” has the meaning given by section ZA6(6) (annual and other reports).

Sch 1 para 12

Sch 1 para 12(1)

The application of the IfA's seal must be authenticated by the signature of—

Sch 1 para 12(1)(a)

the chief executive, or

Sch 1 para 12(1)(b)

a member of the IfA who has been authorised by the IfA for that purpose (whether generally or specifically).

Sch 1 para 12(2)

A document purporting to be duly executed under the IfA's seal, or signed on its behalf—

Sch 1 para 12(2)(a)

is to be received in evidence, and

Sch 1 para 12(2)(b)

is to be treated as executed or signed in that way, unless the contrary is proved.

Sch 1 para 13

Sch 1 para 13(1)

The Secretary of State may make grants to the IfA, or provide the IfA with any other kind of financial assistance, subject to any conditions that the Secretary of State considers appropriate.

Sch 1 para 13(2)

The conditions may, in particular—

Sch 1 para 13(2)(a)

enable the Secretary of State to require full or partial repayment of sums paid by the Secretary of State if any of the conditions are not complied with;

Sch 1 para 13(2)(b)

require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the conditions remains unpaid.

Sch 1

Employee study and training: minor and consequential amendments

Sch 1 para 1

The Employment Rights Act 1996 is amended as follows.

Sch 1 para 2

In section 48 (right to present complaint of detriment to employment tribunal), in subsection (1) for “or 47E” substitute “ , 47E or 47F ”.

Sch 1 para 3

In section 105 (unfair dismissal: redundancy), after subsection (7BA) insert—

Sch 1 para 4

In section 108(3) (exceptions to one year qualifying period of continuous employment for claims for unfair dismissal), after paragraph (gj) insert—.

Sch 1 para 5

In section 194 (House of Lords staff), in subsection (2)(e) before “VII” insert “ 6A, ”.

Sch 1 para 6

In section 195 (House of Commons staff), in subsection (2)(e) before “VII” insert “ 6A, ”.

Sch 1 para 7

In section 199 (mariners)—

Sch 1 para 7(a)

in subsection (2), after “47E,” insert “ 47F, ”;

Sch 1 para 7(b)

in that subsection, before “VII” insert “ 6A, ”;

Sch 1 para 7(c)

in subsection (8)(d), before “VII” insert “ 6A, ”.

Sch 1 para 8

In section 225 (how to calculate a week's pay in relation to rights during employment) after subsection (4A) insert—

Sch 1 para 9

In section 227(1) (maximum amount of week's pay) before paragraph (za) insert—.

Sch 1 para 10

In section 235(1) (other definitions) at the appropriate place insert—.

Sch 1 para 11

In section 236(3) (orders and regulations subject to affirmative Parliamentary procedure), after “47C,” insert “ 63D, 63F(7), ”.

Sch 1 para 12

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

Sch 1 para 13

In section 212A (arbitration scheme for unfair dismissal cases etc.), in subsection (1)—

Sch 1 para 13(a)

before paragraph (za) insert—;

Sch 1 para 13(b)

in paragraph (za) for “the Employment Rights Act 1996” substitute “ that Act ”.

Sch 1 para 14

In section 237(1A)(a) (cases where employee may complain of unfair dismissal despite participation in unofficial industrial action)—

Sch 1 para 14(a)

for “or 104D” substitute “ , 104D or 104E ”;

Sch 1 para 14(b)

for “and pension scheme membership” substitute “ , pension scheme membership, and study and training ”.

Sch 1 para 15

In section 238(2A)(a) (cases where employment tribunal to determine whether dismissal of an employee is unfair despite limitation in subsection (2) of that section)—

Sch 1 para 15(a)

for “or 104D” substitute “ , 104D or 104E ”;

Sch 1 para 15(b)

for “and pension scheme membership” substitute “ , pension scheme membership, and study and training ”.

Sch 1 para 16

In section 18 of the Employment Tribunals Act 1996 (conciliation), in subsection (1)(d) after “28,” insert “ 63F(4), (5) or (6), 63I(1)(b), ”.

Sch 2

Local authority functions: minor and consequential amendments

Sch 2 para 1

The Education Act 1996 is amended as follows.

Sch 2 para 2

Sch 2 para 2(1)

Section 13 (general responsibility for education) is amended as follows.

Sch 2 para 2(2)

In subsection (1) after “secondary education” insert “ and, in the case of a local authority in England, further education, ”.

Sch 2 para 2(3)

After subsection (2) insert—

Sch 2 para 3

For section 13A substitute—

Sch 2 para 4

Sch 2 para 4(1)

Section 15A (functions in respect of full-time education for 16 to 18 year olds) is amended as follows.

Sch 2 para 4(2)

In subsection (1) after “local authority” insert “ in Wales ”.

Sch 2 para 4(3)

After subsection (1) insert—

Sch 2 para 4(4)

In subsection (1A) for “subsection (1)” substitute “ subsections (1) and (1ZA) ”.

Sch 2 para 4(5)

In subsection (3) for “section 13(5) and (6) of the Learning and Skills Act 2000” substitute “ section 15ZA(6) and (7) ”.

Sch 2 para 4(6)

In the title for “Functions in respect of full-time education” substitute “ Powers in respect of education and training ”.

Sch 2 para 5

In section 15B (functions in respect of education for persons over 19) in subsection (3) for “section 13(5) and (6) of the Learning and Skills Act 2000” substitute “ section 15ZA(6) and (7) ”.

Sch 2 para 6

Sch 2 para 6(1)

Section 312 (meaning of “special educational needs”, “learning difficulty” etc) is amended as follows.

Sch 2 para 6(2)

In subsection (2) for the words from “subsection (3)” to “section 507B)” substitute “ subsections (3) and (3A) ”.

Sch 2 para 6(3)

After subsection (3) insert—

Sch 2 para 7

In section 496 (power of Secretary of State to prevent unreasonable exercise of functions) after subsection (4) (as inserted by section 221(1) of this Act) insert—

Sch 2 para 8

In section 497 (general default powers of Secretary of State) after subsection (5) (as inserted by section 221(2) of this Act) insert—

Sch 2 para 9

In section 497A (power of Secretary of State to secure proper performance of LEA's functions) at the end insert—

Sch 2 para 10

Sch 2 para 10(1)

In the title of section 509AA, for “Provision” substitute “ Local authorities in England: provision ”.

Sch 2 para 10(2)

For the title of section 509AB substitute “ Local authorities in England: further provision about transport policy statements for persons of sixth form age ”.

Sch 2 para 10(3)

In the title of section 509A, for “Travel” substitute “ Local authorities in England: travel ”.

Sch 2 para 11

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

Sch 2 para 12

In section 579(1) (general interpretation)—

Sch 2 para 12(a)

in the definition of “prescribed”, after “ “prescribed”” insert “ (except in Chapter 5A) ”;

Sch 2 para 12(b)

in the definition of “regulations”, after “ “regulations”” insert “ (except in Chapter 5A) ”.

Sch 2 para 13

In section 580 (index) insert the following entries at the appropriate places—

Sch 2 para 14

In section 207(2) of the Education Act 2002 (recoupment: adjustment between local authorities), for “primary education and secondary education)” substitute

Sch 3

The Young People's Learning Agency for England

Sch 3 para 1

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Sch 3 para 2

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Sch 3 para 3

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Sch 3 para 4

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Sch 3 para 5

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Sch 3 para 6

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Sch 3 para 7

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Sch 3 para 8

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Sch 3 para 9

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Sch 3 para 10

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Sch 3 para 11

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Sch 3 para 12

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Sch 3 para 13

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Sch 3 para 14

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Sch 3 para 15

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Sch 3 para 16

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Sch 3 para 17

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Sch 3 para 18

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Sch 3 para 19

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Sch 3 para 20

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Sch 3 para 21

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Sch 3 para 22

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Sch 4

The Chief Executive of Skills Funding

Sch 4 para 1

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Sch 4 para 2

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Sch 4 para 3

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Sch 4 para 4

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Sch 4 para 5

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Sch 4 para 6

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Sch 4 para 7

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Sch 4 para 8

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Sch 4 para 9

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Sch 4 para 10

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Sch 4 para 11

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Sch 5

Learning aims for persons aged 19 or over

Sch 5

Qualifications to which Schedule applies

Sch 5 para 1

This paragraph applies to the following qualifications—

Sch 5 para 1(a)

a specified qualification in literacy;

Sch 5 para 1(b)

a specified qualification in numeracy;

Sch 5 para 1(ba)

a specified qualification in making use of information technology;

Sch 5 para 1(c)

a specified vocational qualification at level 2.

Sch 5 para 2

This paragraph applies to a specified qualification at level 3.

Sch 5

Power to specify

Sch 5 para 3

Sch 5 para 3(1)

In paragraphs 1 and 2, a reference to a specified qualification is to a regulated qualification which is specified, or which is of a description specified, in regulations.

Sch 5 para 3(2)

The regulations may specify qualifications, or descriptions of qualifications, by reference to an assessment made by the Secretary of State of the level of attainment demonstrated by a qualification; and for that purpose the regulations may confer functions (which may include the exercise of a discretion) on the Secretary of State .

Sch 5 para 3(3)

The regulations may make provision which applies subject to exceptions specified in the regulations.

Sch 5 para 3(4)

In sub-paragraph (1) “regulated qualification” has the meaning given by section 130.

Sch 5 para 4

The level of attainment in literacy demonstrated by a specified qualification in literacy must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.

Sch 5 para 5

The level of attainment in numeracy demonstrated by a specified qualification in numeracy must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.

Sch 5 para 5A

The level of attainment demonstrated by a specified qualification in making use of information technology must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.

Sch 5 para 6

Level 2 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Secondary Education in five subjects, each at Grade C or above.

Sch 5 para 7

Level 3 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Education at the advanced level in two subjects.

Sch 5 para 8

In forming an opinion for the purposes of this Schedule, the Secretary of State may have regard, in particular, to advice or information relating to qualifications which is provided by—

Sch 5 para 8(a)

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

Sch 5 para 8(b)

... or

Sch 5 para 8(c)

the Office of Qualifications and Examinations Regulation.

Sch 5 para 9

Sch 5 para 9(1)

The Secretary of State may by order amend this Schedule so as to—

Sch 5 para 9(1)(a)

add a category of qualification to Part 1;

Sch 5 para 9(1)(b)

remove a category of qualification for the time being referred to in Part 1;

Sch 5 para 9(1)(c)

substitute a different qualification for a qualification for the time being referred to in Part 2;

Sch 5 para 9(1)(d)

make consequential amendments.

Sch 5 para 9(2)

The power conferred by sub-paragraph (1)(b) includes power to remove every category of qualification to which a paragraph of Part 1 for the time being applies.

Sch 6

Dissolution of the Learning and Skills Council for England: minor and consequential amendments

Sch 6 para 1

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Sch 6 para 2

The Further and Higher Education Act 1992 is amended as follows.

Sch 6 para 3

Sch 6 para 3(1)

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Sch 6 para 3(2)

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Sch 6 para 3(3)

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Sch 6 para 3(4)

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Sch 6 para 4

In section 29(7A) (government and conduct of designated institutions)—

Sch 6 para 4(a)

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

Sch 6 para 4(b)

in paragraph (b), for “that Act” substitute “ the Learning and Skills Act 2000 ”.

Sch 6 para 5

In section 31(2A) (designated institutions conducted by companies)—

Sch 6 para 5(a)

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Sch 6 para 5(b)

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Sch 6 para 6

In section 54(1) (duty to give information)—

Sch 6 para 6(a)

for “the Learning and Skills Council for England” substitute “ the Chief Executive of Skills Funding ”;

Sch 6 para 6(b)

for “the council”, in both places where it occurs, substitute “ the Chief Executive ”.

Sch 6 para 7

Sch 6 para 7(1)

Section 56A (intervention: England) is amended as follows.

Sch 6 para 7(2)

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Sch 6 para 7(3)

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Sch 6 para 7(4)

In subsection (5)—

Sch 6 para 7(4)(a)

for the words from “If the” to “same time” substitute “ At the same time as doing one or more of those things the Chief Executive must ”;

Sch 6 para 7(4)(b)

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Sch 6 para 7(5)

In subsection (6)—

Sch 6 para 7(5)(a)

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Sch 6 para 7(5)(b)

in paragraph (c), for “as it thinks” substitute “ as the Chief Executive thinks ”.

Sch 6 para 7(6)

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Sch 6 para 7(7)

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Sch 6 para 8

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Sch 6 para 9

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Sch 6 para 10

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Sch 6 para 11

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Sch 6 para 12

In Schedule 4 (instruments and articles of government for further education corporations) in paragraph 1A—

Sch 6 para 12(a)

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

Sch 6 para 12(b)

in paragraph (b), for “that Act” substitute “ the Learning and Skills Act 2000 ”.

Sch 6 para 13

In section 13(2)(a) (general responsibility for education) for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding ”.

Sch 6 para 14

The Learning and Skills Act 2000 is amended as follows.

Sch 6 para 15

Omit section 1 (the Learning and Skills Council for England).

Sch 6 para 16

Omit section 2 (duties of Learning and Skills Council: education and training for persons aged 16 to 19).

Sch 6 para 17

Omit section 3 (duties of Learning and Skills Council: education and training for persons over 19).

Sch 6 para 18

Omit section 4 (encouragement of education and training).

Sch 6 para 19

Omit sections 4A to 4C (learning aims for persons aged 19 and over).

Sch 6 para 20

Omit section 5 (provision of financial resources).

Sch 6 para 21

Omit section 6 (financial resources: conditions).

Sch 6 para 22

Omit section 7 (funding of school sixth forms).

Sch 6 para 23

Omit section 8 (links between education and training and employment).

Sch 6 para 24

Omit section 9 (assessments and means tests).

Sch 6 para 25

Omit section 10 (qualifying accounts and arrangements).

Sch 6 para 26

Omit section 11 (further education: governors).

Sch 6 para 27

Omit section 11A (support schemes relating to education and training for persons aged 10 to 15).

Sch 6 para 28

Omit section 12 (research and information).

Sch 6 para 29

Omit section 13 (persons with learning difficulties).

Sch 6 para 30

Omit section 14 (equality of opportunity).

Sch 6 para 31

Omit section 14A (consultation).

Sch 6 para 32

Omit section 15 (plans).

Sch 6 para 33

Omit section 16 (strategy).

Sch 6 para 34

Omit section 17 (use of information by Learning and Skills Council).

Sch 6 para 35

Omit section 18 (supplementary functions).

Sch 6 para 36

Omit sections 18A to 18C (regional councils).

Sch 6 para 37

Omit sections 24A to 24C (strategies for functions of the Learning and Skills Council).

Sch 6 para 38

Omit section 25 (directions).

Sch 6 para 39

Omit section 26 (committees).

Sch 6 para 40

Omit section 27 (grants to Learning and Skills Council).

Sch 6 para 41

Omit section 28 (annual report).

Sch 6 para 42

Omit section 29 (Council's financial year).

Sch 6 para 43

Omit section 97 (external qualifications: persons over 19).

Sch 6 para 44

Sch 6 para 44(1)

Section 98 (approved qualifications: England) is amended as follows.

Sch 6 para 44(2)

In subsection (1), for “sections 96 and 97 in their application” substitute “ section 96 in its application ”.

Sch 6 para 44(3)

Omit subsection (2A).

Sch 6 para 45

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

Sch 6 para 46

In section 100 (authorised bodies) for “sections 96 and 97 in their application”, in both places where the words occur, substitute “ section 96 in its application ”.

Sch 6 para 47

In section 101 (enforcement: England) in subsection (1)—

Sch 6 para 47(a)

for “sections 96 and 97 in their application” substitute “ section 96 in its application ”;

Sch 6 para 47(b)

after paragraph (a) insert “ or ”;

Sch 6 para 47(c)

omit paragraph (c) (and the word “or” before it).

Sch 6 para 48

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

Sch 6 para 49

Sch 6 para 49(1)

Section 113A (restructuring of sixth form education) is amended as follows.

Sch 6 para 49(2)

Omit subsections (1), (4)(aa), (5), (7), (8) and (9)(f).

Sch 6 para 49(3)

In subsection (11)—

Sch 6 para 49(3)(a)

in the definition of “regulations” omit paragraph (a) (and the “and” after it);

Sch 6 para 49(3)(b)

in the definition of “relevant authority” omit paragraph (a) (and the “and” after it).

Sch 6 para 50

Omit Schedule 1 (the Learning and Skills Council for England).

Sch 6 para 51

Omit Schedule 1A (learning aims for persons aged 19 and over).

Sch 6 para 52

Omit Schedule 3 (committees (England)).

Sch 6 para 53

Sch 6 para 53(1)

Schedule 7A (implementation of proposals for restructuring sixth form education) is amended as follows.

Sch 6 para 53(2)

In paragraph 1, omit “approved or” and “approval or”, wherever occurring.

Sch 6 para 53(3)

In paragraph 3(4), omit paragraph (a).

Sch 6 para 53(4)

Omit paragraphs 5(1), 6(1) and 7(1) and (2).

Sch 6 para 54

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

Sch 6 para 55

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

Sch 6 para 56

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

Sch 6 para 57

In section 108 of the Education Act 2005 (supply of information: education maintenance allowances), in subsection (3)—

Sch 6 para 57(a)

in paragraph (b) for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding ”;

Sch 6 para 57(b)

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

Sch 6 para 57(c)

in paragraph (f) for the words from “the Secretary of State” to the end substitute “ a person within paragraphs (a) to (e) ”.

Sch 6 para 58

The Education and Inspections Act 2006 is amended as follows.

Sch 6 para 59

Section 75 (education and training to satisfy entitlements) ceases to have effect.

Sch 6 para 60

The Further Education and Training Act 2007 is amended as follows.

Sch 6 para 61

Sections 11 to 13 (provision by Learning and Skills Council for England of services and assistance in respect of employment and training) cease to have effect.

Sch 6 para 62

Sections 14 to 16 (transfer of functions of Secretary of State in relation to further education corporations to the Learning and Skills Council for England) cease to have effect.

Sch 7

Learning and Skills Council for England: transfer schemes

Sch 7 para 1

The Secretary of State may make a scheme (a “staff transfer scheme”) providing for the transfer of designated employees of the LSC—

Sch 7 para 1(a)

to a permitted transferee, or

Sch 7 para 1(b)

so as to become employed in the civil service of the state.

Sch 7 para 2

Sch 7 para 2(1)

This paragraph applies where a staff transfer scheme provides for the transfer of an employee of the LSC to a permitted transferee or so as to become employed in the civil service of the state.

Sch 7 para 2(2)

The scheme must provide for the TUPE regulations to apply (to the extent that they would not otherwise apply) as if—

Sch 7 para 2(2)(a)

any transfer of functions (however effected and described) from the LSC to a permitted transferee or the Crown were a transfer of an undertaking;

Sch 7 para 2(2)(b)

the transfer of the undertaking took effect on a designated date;

Sch 7 para 2(2)(c)

the transfer of the undertaking were a relevant transfer for the purposes of the regulations;

Sch 7 para 2(2)(d)

the employee had for those purposes been assigned to an organised grouping of resources or employees that was subject to the relevant transfer.

Sch 7 para 3

Sch 7 para 3(1)

This paragraph applies where a staff transfer scheme provides for a transfer of an employee of the LSC so as to become employed in the civil service of the state on terms which do not constitute a contract of employment.

Sch 7 para 3(2)

The scheme must provide for the TUPE regulations to apply with the necessary modifications.

Sch 7 para 4

A staff transfer scheme may provide for the transfer of an employee of the LSC to a permitted transferee or so as to become employed in the civil service of the state despite any provisions, of whatever nature, which would otherwise prevent the employee from being so transferred.

Sch 7 para 5

Sch 7 para 5(1)

The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the LSC of designated property, rights or liabilities of the LSC to—

Sch 7 para 5(1)(a)

a permitted transferee,

Sch 7 para 5(1)(b)

the Secretary of State, or

Sch 7 para 5(1)(c)

the Chief Executive of Skills Funding.

Sch 7 para 5(2)

A property transfer scheme may—

Sch 7 para 5(2)(a)

create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;

Sch 7 para 5(2)(b)

provide for anything done by or in relation to the LSC in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the person to whom the property, rights or liabilities in question are transferred;

Sch 7 para 5(2)(c)

apportion property, rights and liabilities;

Sch 7 para 5(2)(d)

make provision about the continuation of legal proceedings.

Sch 7 para 5(3)

The things that may be transferred by a property transfer scheme include—

Sch 7 para 5(3)(a)

property, rights and liabilities that could not otherwise be transferred;

Sch 7 para 5(3)(b)

property acquired, and rights and liabilities arising, after the making of the scheme.

Sch 7 para 6

A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the LSC before the transfer takes effect.

Sch 7 para 7

A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.

Sch 7 para 8

In this Schedule—“designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;“the LSC” means the Learning and Skills Council for England;“permitted transferee” means—a local authority in England; the Young People's Learning Agency for England; any other person specified in an order made by the Secretary of State;“the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

Sch 8

Sixth form college sector

Sch 8 para 1

The Further and Higher Education Act 1992 (c. 13) is amended as follows.

Sch 8 para 2

In section 17(1) (meaning of “further education corporation”) after “by virtue of section” insert “ 33D or ”.

Sch 8 para 3

After section 33 insert—

Sch 8 para 4

In section 34(1) (making additional property available for use) after “institution within the further education sector” insert “ other than a sixth form college ”.

Sch 8 para 5

In section 52A(1) (duty to safeguard pupils receiving secondary education) after “by virtue of section 18(1)(aa) or (ab) of this Act,” insert—.

Sch 8 para 6

In section 56A(1) (intervention: England) after “institution in England within the further education sector” insert “ other than a sixth form college ”.

Sch 8 para 7

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

Sch 8 para 8

After section 56D (inserted by Schedule 6) insert—

Sch 8 para 9

In section 88(1) (stamp duty) after “32,” insert “ 33N, ”.

Sch 8 para 10

In section 88A(1) (stamp duty land tax) after “32” insert “ , 33N ”.

Sch 8 para 11

Sch 8 para 11(1)

Section 89 (orders, regulations and directions) is amended as follows.

Sch 8 para 11(2)

In subsection (2)—

Sch 8 para 11(2)(a)

after “30(2)(b),” insert “ 33A(5)(b), ”;

Sch 8 para 11(2)(b)

after “those sections” insert “ or section 33L ”.

Sch 8 para 11(3)

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

Sch 8 para 11(4)

For subsection (5) substitute—

Sch 8 para 12

Sch 8 para 12(1)

Section 90(1) (interpretation) is amended as follows.

Sch 8 para 12(2)

In paragraph (a) of the definition of “governing body” after “further education corporation” insert “ , a sixth form college corporation ”.

Sch 8 para 12(3)

At the end insert—

Sch 8 para 12(4)

After subsection (2) insert—

Sch 8 para 13

Sch 8 para 13(1)

Section 91 (interpretation of Education Acts) is amended as follows.

Sch 8 para 13(2)

In subsection (3) (institutions within the further education sector) after paragraph (b) insert

Sch 8 para 13(3)

After subsection (3) insert—

Sch 8 para 14

In section 92 (index) at the appropriate places insert—

Sch 8 para 15

Sch 8 para 15(1)

Schedule 4 (instruments and articles of government for further education corporations) is amended as follows.

Sch 8 para 15(2)

For paragraph 1 substitute—

Sch 8 para 15(3)

In paragraph 1A, after “appointment of members” insert “ of a further education corporation ”.

Sch 8 para 15(4)

After paragraph 1A insert—

Sch 8 para 15(5)

In paragraph 2(1) after “further education corporation” insert “ or sixth form college corporation ”.

Sch 8 para 15(6)

In the title, after “further education corporations” insert “ and sixth form college corporations ”.

Sch 9

The Office of Qualifications and Examinations Regulation

Sch 9 para 1

Ofqual is to perform its functions on behalf of the Crown.

Sch 9 para 2

Sch 9 para 2(1)

Ofqual is to consist of—

Sch 9 para 2(1)(za)

a member appointed by Her Majesty by Order in Council as the chief executive of Ofqual,

Sch 9 para 2(1)(a)

a member appointed by the Secretary of State to chair Ofqual (“the chair”), and

Sch 9 para 2(1)(b)

between 7 and 12 members appointed by the Secretary of State (the “ordinary members”), ...

Sch 9 para 2(1)(c)

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

Sch 9 para 2(2)

The person appointed by Her Majesty as the chief executive of Ofqual is to be known as the Chief Regulator of Qualifications and Examinations (“the Chief Regulator”).

Sch 9 para 2(3)

Ofqual may appoint one of the ordinary members as deputy to the chair (“the deputy”).

Sch 9 para 2(4)

Before appointing a person as an ordinary member, the Secretary of State must consult the chair or the deputy (subject to sub-paragraph (6)).

Sch 9 para 2(5)

The Secretary of State may consult the deputy instead of the chair only if satisfied that—

Sch 9 para 2(5)(a)

it is not practicable to consult the chair , and

Sch 9 para 2(5)(b)

it is necessary to make the appointment before it would be practicable to do so.

Sch 9 para 2(6)

The Secretary of State may appoint a person as an ordinary member without consulting either the chair or the deputy if satisfied that—

Sch 9 para 2(6)(a)

it is not practicable to consult either of those persons, and

Sch 9 para 2(6)(b)

it is necessary to make the appointment before it would be practicable to do so.

Sch 9 para 2(7)

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

Sch 9 para 3

Sch 9 para 3(1)

The Chief Regulator holds and vacates office in accordance with the terms of the appointment.

Sch 9 para 3(2)

Those terms are to be determined by the Secretary of State, subject to the following provisions of this Schedule.

Sch 9 para 3(3)

The Chief Regulator must not be appointed for a term of more than 5 years.

Sch 9 para 3(4)

The Chief Regulator may resign from office at any time by giving written notice to the Secretary of State.

Sch 9 para 3(5)

Her Majesty may remove the Chief Regulator from office on either of the following grounds—

Sch 9 para 3(5)(a)

inability or unfitness to carry out the duties of office;

Sch 9 para 3(5)(b)

absence from Ofqual's meetings for a continuous period of more than 6 months without Ofqual's permission.

Sch 9 para 3(6)

The previous appointment of a person as the chief executive of Ofqual (whether before or after the relevant commencement date) does not affect the person's eligibility for re-appointment.

Sch 9 para 3(7)

“The relevant commencement date” means the date on which Schedule 7 to the Education Act 2011 comes fully into force.

Sch 9 para 3A

Sch 9 para 3A(1)

The chair holds and vacates office in accordance with the terms of the appointment.

Sch 9 para 3A(2)

Those terms are to be determined by the Secretary of State, subject to the following provisions of this Schedule.

Sch 9 para 3A(3)

The chair must not be appointed for a term of more than 5 years.

Sch 9 para 3A(4)

The chair may resign from office at any time by giving written notice to the Secretary of State.

Sch 9 para 3A(5)

The Secretary of State may remove the chair from office on either of the following grounds—

Sch 9 para 3A(5)(a)

inability or unfitness to carry out the duties of the office;

Sch 9 para 3A(5)(b)

absence from Ofqual's meetings for a continuous period of more than 6 months without Ofqual's permission.

Sch 9 para 3A(6)

The previous appointment of a person to chair Ofqual (whether before or after the relevant commencement date) does not affect the person's eligibility for re-appointment.

Sch 9 para 3A(7)

“The relevant commencement date” means the date on which Schedule 7 to the Education Act 2011 comes fully into force.

Sch 9 para 4

Sch 9 para 4(1)

The deputy and other ordinary members hold and vacate office in accordance with the terms of their appointments, subject to the following provisions of this Schedule.

Sch 9 para 4(2)

An ordinary member must not be appointed for a term of more than 5 years.

Sch 9 para 4(3)

The deputy may resign from office at any time by giving written notice to Ofqual.

Sch 9 para 4(4)

The ordinary members may resign from office at any time by giving written notice to the Secretary of State

Sch 9 para 4(5)

Ofqual may remove the deputy from office if Ofqual thinks it appropriate to do so.

Sch 9 para 4(6)

The Secretary of State may remove an ordinary member from office on either of the following grounds—

Sch 9 para 4(6)(a)

inability or unfitness to carry out the duties of office;

Sch 9 para 4(6)(b)

absence from Ofqual's meetings for a continuous period of more than 6 months without Ofqual's permission.

Sch 9 para 4(7)

Before removing an ordinary member from office, the Secretary of State must consult the chair or the deputy (subject to sub-paragraph (9)).

Sch 9 para 4(8)

The Secretary of State may consult the deputy instead of the chair only if—

Sch 9 para 4(8)(a)

the ordinary member to be removed from office is not the deputy, and

Sch 9 para 4(8)(b)

the Secretary of State is satisfied that—

Sch 9 para 4(8)(b)(i)

it is not practicable to consult the chair , and

Sch 9 para 4(8)(b)(ii)

it is necessary to remove the ordinary member from office before it would be practicable to do so.

Sch 9 para 4(9)

The Secretary of State may remove an ordinary member from office without consulting either the chair or the deputy if satisfied that—

Sch 9 para 4(9)(a)

if the ordinary member to be removed from office is the deputy, sub-paragraph (10) applies;

Sch 9 para 4(9)(b)

in any other case, sub-paragraph (11) applies.

Sch 9 para 4(10)

This sub-paragraph applies if—

Sch 9 para 4(10)(a)

it is not practicable to consult the chair , and

Sch 9 para 4(10)(b)

it is necessary to remove the ordinary member from office before it would be practicable to do so.

Sch 9 para 4(11)

This sub-paragraph applies if—

Sch 9 para 4(11)(a)

it is not practicable to consult either the chair or the deputy, and

Sch 9 para 4(11)(b)

it is necessary to remove the ordinary member from office before it would be practicable to do so.

Sch 9 para 4(12)

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

Sch 9 para 4(13)

The previous appointment of a person as the deputy or another ordinary member does not affect the person's eligibility for re-appointment.

Sch 9 para 4(14)

If the deputy ceases to be an ordinary member, the person also ceases to be the deputy.

Sch 9 para 5

Sch 9 para 5(1)

Ofqual must, if the Secretary of State requires it to do so, pay remuneration, allowances and expenses to the members of Ofqual .

Sch 9 para 5(2)

Ofqual must, if the Secretary of State requires it to do so, pay, or make provision for the payment of, a pension, allowances or gratuities to or in respect of a person who is or has been the chair or an ordinary member.

Sch 9 para 5(3)

If a person ceases to be a member of Ofqual and the Secretary of State decides that the person should be compensated because of special circumstances, Ofqual must pay compensation to the person.

Sch 9 para 5(4)

The amount of a payment under sub-paragraph (1), (2) or (3) is to be determined by the Secretary of State.

Sch 9 para 5(5)

Service as the Chief Regulator is one of the kinds of service to which a scheme under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants etc) can apply.

Sch 9 para 5(6)

Ofqual must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph (5) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Sch 9 para 6

Sch 9 para 6(1)

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

Sch 9 para 6(2)

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

Sch 9 para 6(3)

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

Sch 9 para 6(4)

Ofqual may appoint ... members of staff.

Sch 9 para 6(5)

The following are to be determined by Ofqual with the approval of the Secretary of State—

Sch 9 para 6(5)(a)

the number of ... members of staff of Ofqual;

Sch 9 para 6(5)(b)

their conditions of service.

Sch 9 para 7

Sch 9 para 7(1)

Ofqual may establish committees, and any committee established by Ofqual may establish sub-committees.

Sch 9 para 7(2)

Ofqual may—

Sch 9 para 7(2)(a)

dissolve a sub-committee established under sub-paragraph (1), or

Sch 9 para 7(2)(b)

alter the purposes for which such a sub-committee is established.

Sch 9 para 7(3)

In this Schedule a committee or sub-committee established under sub-paragraph (1) is referred to as an “Ofqual committee”.

Sch 9 para 7(4)

An Ofqual committee must include at least one member of Ofqual or Ofqual's staff.

Sch 9 para 7(5)

Ofqual may arrange for the payment of remuneration, allowances and expenses to any person who—

Sch 9 para 7(5)(a)

is a member of an Ofqual committee, but

Sch 9 para 7(5)(b)

is not a member of Ofqual or Ofqual's staff.

Sch 9 para 7(6)

Ofqual must at least once in any 5 year period review—

Sch 9 para 7(6)(a)

the structure of Ofqual committees, and

Sch 9 para 7(6)(b)

the scope of each Ofqual committee's activities.

Sch 9 para 7(7)

The first review under sub-paragraph (6) must be completed not later than the day which is the end of the period of 5 years beginning with the day on which section 127 comes into force.

Sch 9 para 8

Sch 9 para 8(1)

Ofqual and any other person may establish a committee jointly.

Sch 9 para 8(2)

In this Schedule a committee established under sub-paragraph (1) is referred to as a “joint committee”.

Sch 9 para 8(3)

A joint committee may establish sub-committees.

Sch 9 para 8(4)

In this Schedule a sub-committee established under sub-paragraph (3) is referred to as a “joint sub-committee”.

Sch 9 para 8(5)

A joint committee and a joint sub-committee must include at least one member of Ofqual or Ofqual's staff.

Sch 9 para 8(6)

Ofqual may arrange for the payment of remuneration, allowances and expenses to any person who—

Sch 9 para 8(6)(a)

is a member of a joint committee or a joint sub-committee, but

Sch 9 para 8(6)(b)

is not a member of Ofqual or Ofqual's staff.

Sch 9 para 9

Sch 9 para 9(1)

Ofqual may regulate—

Sch 9 para 9(1)(a)

its own proceedings (including quorum), and

Sch 9 para 9(1)(b)

the procedure (including quorum) of Ofqual committees.

Sch 9 para 9(2)

A joint committee may regulate—

Sch 9 para 9(2)(a)

its own procedure (including quorum), and

Sch 9 para 9(2)(b)

the procedure (including quorum) of any sub-committee established by it.

Sch 9 para 9(3)

The validity of proceedings of Ofqual, or of an Ofqual committee, a joint committee or joint sub-committee is not affected by—

Sch 9 para 9(3)(a)

a vacancy;

Sch 9 para 9(3)(b)

a defective appointment.

Sch 9 para 10

Sch 9 para 10(1)

Ofqual may delegate any of its functions to—

Sch 9 para 10(1)(a)

a member of Ofqual or Ofqual's staff;

Sch 9 para 10(1)(b)

a committee established by Ofqual;

Sch 9 para 10(1)(c)

a joint committee.

Sch 9 para 10(2)

A function is delegated under this paragraph to the extent and on the terms that Ofqual determines.

Sch 9 para 11

Sch 9 para 11(1)

A committee established by Ofqual or a joint committee may delegate any of its functions to a sub-committee established by it.

Sch 9 para 11(2)

A function is delegated under this paragraph to the extent and on the terms that the committee determines.

Sch 9 para 11(3)

The power of a committee established by Ofqual to delegate a function under this paragraph, and to determine the extent and terms of the delegation, are subject to Ofqual's powers to direct what a committee established by it may and may not do.

Sch 9 para 11(4)

The power of a joint committee to delegate a function under this paragraph, and to determine the extent and terms of the delegation, are subject to the power of Ofqual and any other person with whom Ofqual established the joint committee to direct (acting jointly) what the committee may and may not do.

Sch 9 para 12

The application of Ofqual's seal is authenticated by the signatures of—

Sch 9 para 12(a)

two members of Ofqual, or

Sch 9 para 12(b)

one member of Ofqual and another person who has been authorised (generally or specifically) for that purpose by Ofqual.

Sch 9 para 13

The Documentary Evidence Act 1868 (c. 37) has effect in relation to Ofqual as if—

Sch 9 para 13(a)

Ofqual were included in the first column of the Schedule to that Act,

Sch 9 para 13(b)

any member or other person authorised to act on Ofqual's behalf were mentioned in the second column of that Schedule, and

Sch 9 para 13(c)

the regulations referred to in that Act included any document issued by Ofqual or under its authority.

Sch 9 para 14

Sch 9 para 14(1)

Ofqual may do anything that it considers necessary or appropriate for the purposes of, or in connection with, its functions.

Sch 9 para 14(2)

The power in sub-paragraph (1) is subject to any restrictions imposed by or under any provision of any Act.

Sch 9 para 14(3)

Ofqual may not lend money.

Sch 10

QCA: transfer schemes

Sch 10 para 1

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

Sch 10 para 2

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Sch 10 para 3

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Sch 10 para 4

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Sch 10 para 5

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Sch 11

The Qualifications and Curriculum Development Agency

Sch 11 para 1

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Sch 11 para 2

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Sch 11 para 3

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Sch 11 para 4

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Sch 11 para 5

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Sch 11 para 6

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Sch 11 para 7

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Sch 11 para 8

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Sch 11 para 9

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Sch 11 para 10

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Sch 11 para 11

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Sch 11 para 12

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Sch 11 para 13

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Sch 11 para 14

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Sch 11 para 15

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Sch 11 para 16

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Sch 11 para 17

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Sch 11 para 18

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Sch 11 para 19

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Sch 11 para 20

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Sch 11 para 21

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Sch 12

Ofqual and the QCDA: minor and consequential amendments

Sch 12 para 1

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Sch 12 para 2

Sch 12 para 2(1)

Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) is amended as follows.

Sch 12 para 2(2)

At the appropriate place insert— “ Office of Qualifications and Examinations Regulation. ”

Sch 12 para 2(3)

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Sch 12 para 3

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Sch 12 para 4

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Sch 12 para 5

Sch 12 para 5(1)

Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) is amended as follows.

Sch 12 para 5(2)

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Sch 12 para 5(3)

At the appropriate place insert— “ The Chief Regulator of Qualifications and Examinations and any member of the Office of Qualifications and Examinations Regulation in receipt of remuneration. ”

Sch 12 para 6

In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert— “ The Chief Regulator of Qualifications and Examinations and any member of the Office of Qualifications and Examinations Regulation in receipt of remuneration. ”

Sch 12 para 7

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Sch 12 para 8

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Sch 12 para 9

The Education Act 1996 is amended as follows.

Sch 12 para 10

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Sch 12 para 11

Sch 12 para 11(1)

Section 408 (provision of information) is amended as follows.

Sch 12 para 11(2)

In subsection (1)(a) after “2002” insert “ or the provisions of Parts 7 and 8 of the Apprenticeships, Skills, Children and Learning Act 2009 ”.

Sch 12 para 11(3)

In subsection (2)(e)—

Sch 12 para 11(3)(a)

for “external” substitute “ relevant ”;

Sch 12 para 11(3)(b)

after “2000)” insert “ which are approved under section 98 or 99 of that Act ”.

Sch 12 para 12

The Education Act 1997 is amended as follows.

Sch 12 para 13

Sections 21 to 26A (the Qualifications and Curriculum Authority) cease to have effect.

Sch 12 para 14

In section 29 (functions of the Welsh Ministers in relation to curriculum and assessment) for subsection (5) substitute—

Sch 12 para 15

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Sch 12 para 16

Sch 12 para 16(1)

Section 32 (supplementary provisions relating to discharge by the Welsh Ministers of their functions) is amended as follows.

Sch 12 para 16(2)

In subsection (1)(c)—

Sch 12 para 16(2)(a)

in sub-paragraph (ii) before “requirements” insert “ reasonable ”;

Sch 12 para 16(2)(b)

for sub-paragraph (iii) substitute—

Sch 12 para 16(3)

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Sch 12 para 16(4)

Omit subsection (4A).

Sch 12 para 16(5)

For subsection (6) substitute—

Sch 12 para 17

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Sch 12 para 18

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Sch 12 para 19

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Sch 12 para 20

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Sch 12 para 21

Section 36 (levy on bodies awarding qualifications accredited by relevant body) ceases to have effect.

Sch 12 para 22

In section 54(1) (orders and regulations) omit “, except an order under section 25 or 31,”.

Sch 12 para 23

In section 58(6) (short title, commencement and extent etc)—

Sch 12 para 23(a)

omit the entries for—

Sch 12 para 23(a)(i)

sections 21 and 22,

Sch 12 para 23(a)(ii)

section 24(4), (6) and (7),

Sch 12 para 23(a)(iii)

sections 26 and 26A, and

Sch 12 para 23(a)(iv)

Schedule 4;

Sch 12 para 23(b)

for “34 to 36” substitute “ 35 ”.

Sch 12 para 24

Schedule 4 (the Qualifications and Curriculum Authority) ceases to have effect.

Sch 12 para 25

In Schedule 7 (minor and consequential amendments) omit paragraph 2.

Sch 12 para 26

The Learning and Skills Act 2000 is amended as follows.

Sch 12 para 27

Sch 12 para 27(1)

Section 96 (external qualifications: persons under 19) is amended as follows.

Sch 12 para 27(2)

In subsection (1)(b) for “an external qualification” substitute “ a relevant qualification ”.

Sch 12 para 27(3)

In subsection (2) for “external” substitute “ relevant ”.

Sch 12 para 27(4)

For subsections (5) to (7) substitute—

Sch 12 para 28

Sch 12 para 28(1)

Section 98 (approved qualifications: England) is amended as follows.

Sch 12 para 28(2)

Before subsection (3) insert—

Sch 12 para 28(3)

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Sch 12 para 29

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Sch 12 para 30

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Sch 12 para 31

The Education Act 2002 is amended as follows.

Sch 12 para 32

Sch 12 para 32(1)

Section 76 (interpretation of Part 6) is amended as follows.

Sch 12 para 32(2)

At the beginning insert “ (1) ”.

Sch 12 para 32(3)

In the definition of “assess” omit “examine and”.

Sch 12 para 32(4)

In the definition of “assessment arrangements” for the words from “for the purpose” to the end substitute “ for the specified purposes ”.

Sch 12 para 32(5)

At the end insert—

Sch 12 para 33

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Sch 12 para 34

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Sch 12 para 35

Sch 12 para 35(1)

Section 87 (establishment of the National Curriculum for England by order) is amended as follows.

Sch 12 para 35(2)

In subsection (5) for “published as specified” substitute “ published by a person, and in the manner, specified ”.

Sch 12 para 35(3)

In subsection (7)—

Sch 12 para 35(3)(a)

omit the “and” at the end of paragraph (a);

Sch 12 para 35(3)(b)

after paragraph (b) insert—.

Sch 12 para 35(4)

Omit subsection (9).

Sch 12 para 35(5)

In subsection (10) for the words before paragraph (a) substitute “The duties that may be imposed by virtue of subsection (7)(a) or (b) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them—”.

Sch 12 para 35(6)

For subsection (11) substitute—

Sch 12 para 36

Sch 12 para 36(1)

Section 90 (development work and experiments) is amended as follows.

Sch 12 para 36(2)

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Sch 12 para 36(3)

In subsection (5) for the words from “to the” to the end substitute “on any matters specified by the Secretary of State to—

Sch 12 para 36(3)(a)

the Secretary of State, or

Sch 12 para 36(3)(b)

the reviewing body.”

Sch 12 para 36(4)

After subsection (5) insert—

Sch 12 para 37

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Sch 12 para 38

The Childcare Act 2006 is amended as follows.

Sch 12 para 39

Sch 12 para 39(1)

Section 41 (the learning and development requirements) is amended as follows.

Sch 12 para 39(2)

In subsection (2)(c) for the words from “for the purpose” to “early learning goals” substitute “ for the specified purposes ”.

Sch 12 para 39(3)

After subsection (4) insert—

Sch 12 para 40

Sch 12 para 40(1)

Section 42 (further provisions about assessment arrangements) is amended as follows.

Sch 12 para 40(2)

In subsection (2)—

Sch 12 para 40(2)(a)

omit the “and” at the end of paragraph (b);

Sch 12 para 40(2)(b)

after paragraph (c) insert—

Sch 12 para 40(3)

Omit subsection (4).

Sch 12 para 40(4)

In subsection (5) for the words before paragraph (a) substitute “ The duties that may be imposed on a person mentioned in subsection (2)(a) to (c) by virtue of subsection (1) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them— ”.

Sch 12 para 40(5)

For subsection (6) substitute—

Sch 12 para 41

In section 44(1) (instruments specifying learning and development or welfare requirements) for “published as specified” substitute “ published by a person, and in the manner, specified ”.

Sch 12 para 42

In section 46 (power to enable exemptions from learning and development requirements to be conferred) after subsection (1) insert—

Sch 12 para 43

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Sch 13

Powers in relation to schools causing concern: England

Sch 13 para 1

Part 4 of the Education and Inspections Act 2006 (c. 40) (schools causing concern: England) is amended as follows.

Sch 13 para 2

Sch 13 para 2(1)

Section 59(2) (meaning of schools being “eligible for intervention”) is amended as follows.

Sch 13 para 2(2)

For “warning notice by local authority” substitute “ performance standards and safety warning notice ”.

Sch 13 para 2(3)

Before “section 61” insert—“section 60A (teachers' pay and conditions warning notice),”.

Sch 13 para 3

For the title of section 60 substitute “ Performance standards and safety warning notice ”.

Sch 13 para 4

After section 60 insert—

Sch 13 para 5

Sch 13 para 5(1)

Section 63 (power of local authority to require governing body to enter into arrangements) is amended as follows.

Sch 13 para 5(2)

In subsection (1) after “eligible for intervention” insert “ other than by virtue of section 60A ”.

Sch 13 para 5(3)

In subsection (3) for “formal warning” substitute “ performance standards and safety warning ”.

Sch 13 para 6

Sch 13 para 6(1)

Section 64 (power of local authority etc to appoint additional governors) is amended as follows.

Sch 13 para 6(2)

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Sch 13 para 6(3)

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Sch 13 para 6(4)

In subsection (2)—

Sch 13 para 6(4)(a)

for “formal warning)” substitute “performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)”, and

Sch 13 para 6(4)(b)

after “60(10)” insert “ or as the case may be section 60A(10) ”.

Sch 13 para 6(5)

In subsection (4)—

Sch 13 para 6(5)(a)

in paragraph (a) for “formal warning)” substitute “performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)”,

Sch 13 para 6(5)(b)

after paragraph (b) insert—.

Sch 13 para 7

In section 66(2) (power of local authority to suspend right to delegated budget)—

Sch 13 para 7(a)

for “formal warning)” substitute “performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)”, and

Sch 13 para 7(b)

after “60(10)” insert “ or as the case may be section 60A(10) ”.

Sch 13 para 8

In section 67(1) (power of Secretary of State to appoint additional governors) omit the words from “by virtue of” to “special measures)”.

Sch 13 para 9

In section 69(1) (power of Secretary of State to provide for governing body to consist of interim executive members) omit the words from “by virtue of” to “special measures)”.

Sch 13 para 10

After section 69 insert—

Sch 13 para 11

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Sch 14

Powers in relation to schools causing concern: Wales

Sch 14 para 1

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Sch 14 para 2

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Sch 14 para 3

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Sch 14 para 4

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Sch 14 para 5

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Sch 14 para 6

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Sch 15

The School Support Staff Negotiating Body

Sch 15 para 1

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Sch 15 para 2

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Sch 15 para 3

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Sch 15 para 4

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Sch 15 para 5

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Sch 15 para 6

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Sch 15 para 7

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Sch 15 para 8

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Sch 16

Repeals and revocations

Sch 16

Local authority functions

Sch 16

Dissolution of the LSC

Paragraph

In section 113A—subsections (1), (4)(aa), (5), (7), (8) and (9)(f); in subsection (11), paragraph (a) of the definition of “regulations” (and the word “and” after it) and paragraph (a) of the definition of “relevant authority” (and the word “and” after it).

Paragraph

In Schedule 7A—in paragraph 1, the words “approved or” and “approval or”, wherever occurring; in paragraph 3(4), paragraph (a); paragraphs 5(1), 6(1) and 7(1) and (2).

Sch 16

Sixth form college sector

Sch 16

Ofqual and the QCDA

Paragraph

In section 58(6), the entries for—sections 21 and 22; section 24(4), (6) and (7); sections 26 and 26A; Schedule 4 (and the word “and” before it).

Paragraph

In Schedule 7—paragraph 1; paragraph 2 (and the italic heading before it); paragraph 3(1)(b) (and the word “and” before it); paragraph 4(3); paragraph 29(a) (and the word “and” after it).

Paragraph

In section 87—in subsection (7), the word “and” at the end of paragraph (a); subsection (9).

Paragraph

In Schedule 17—paragraphs 1 to 4 and the italic heading before paragraph 1; paragraph 5(6); paragraph 9 and the italic heading before it.

Paragraph

In section 42—in subsection (2), the word “and” at the end of paragraph (b); subsection (4).

Paragraph

In Schedule 1—paragraph 2 and the italic heading before it; paragraph 10(9).

Sch 16

Co-operation to improve well-being of children

Paragraph

In section 10—subsection (4)(g); subsections (6) and (7).

Sch 16

Schools causing concern

Sch 16

Complaints

Paragraph

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Sch 16

School inspections

Paragraph

In Schedule 12—in paragraph 9(1), the word “or” at the end of paragraph (b); in paragraph 10(1), the word “or” at the end of paragraph (b).

Sch 16

Information about local authority expenditure

Sch 16

Support for participation in education and training

Sch 16

Foundation degrees: Wales

Establishment

General duties and functions

Compliance

Directions

Occupational categories and groups

Standards

Meaning of “approved English apprenticeship” etc

Apprenticeship assessment plans

Quality assurance of apprenticeship assessments etc

Technical education qualifications

Other provision relating to approved English apprenticeships and technical education

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

...

...

Apprenticeship certificates: Wales

Contents of apprenticeship certificate: ...Wales

Apprenticeship frameworks: ... Wales

...

Apprenticeship frameworks: Wales

...

Specification of apprenticeship standards: Wales

Apprenticeship agreements: ... Wales

Duty to participate in education or training: England

General

England

Wales, Scotland and Northern Ireland

General

Education and training for persons over compulsory school age

The core and additional entitlements

Boarding accommodation: persons subject to learning difficulty assessment

Work experience

Persons detained in youth accommodation

Transport in England

Powers in respect of non-maintained schools

General

Funding

Securing provision of education and training

Provision of services and assistance

Miscellaneous

...

...

Apprenticeship training for persons aged 16 to 18 and certain young adults

Education and training for persons aged 19 or over etc.

The apprenticeship offer

Funding

Apprenticeships: general

Provision of services and assistance

...

Strategies

Directions and guidance

Other

Information

The Learning and Skills Council for England

Establishment

Objectives and general duties

Regulated qualifications and regulated assessment arrangements

Recognition of awarding bodies

Accreditation of certain qualifications

Minimum requirements

Guided learning

Surrender

Register

Recognised bodies: monitoring and enforcement

Other

General

Development etc. of regulated assessment arrangements

Review etc. of regulated assessment arrangements

Regulatory frameworks

General

The QCDA

Objective and general duties

Other functions

Supplementary provision

Co-operation to improve well-being of children

Safeguarding and promoting the welfare of children

Children's centres

Arrangements in respect of early childhood services

Early years provision: budgetary framework

Schools causing concern: England

Schools causing concern: Wales