|
| |
|
(2) | The following are to be determined by the YPLA with the approval of the |
| |
| |
(a) | the conditions of service of the YPLA’s staff; |
| |
(b) | the amount of remuneration, allowances and expenses paid to them. |
| |
6 (1) | Employment with the YPLA is to be included among the kinds of |
| 5 |
employment to which a scheme under section 1 of the Superannuation Act |
| |
1972 (c. 11) (superannuation schemes as respects civil servants, etc.) can |
| |
| |
(2) | The YPLA 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 |
| 10 |
increases attributable to this paragraph in the sums payable under the |
| |
Superannuation Act 1972 out of money provided by Parliament. |
| |
(3) | Sub-paragraph (4) applies if a member of staff of the YPLA (“E”)— |
| |
(a) | is, by reference to employment with the YPLA, a participant in a |
| |
scheme under section 1 of the Superannuation Act 1972, and |
| 15 |
(b) | is also a member of the YPLA. |
| |
(4) | The Secretary of State may determine that E’s service as a member of the |
| |
YPLA is to be treated for the purposes of the scheme as service as a member |
| |
of staff of the YPLA (whether or not any benefits are payable to or in respect |
| |
of E by virtue of paragraph 4(2)). |
| 20 |
| |
7 (1) | The YPLA may establish committees, and any committee established by the |
| |
YPLA may establish sub-committees. |
| |
| |
(a) | dissolve a sub-committee established under sub-paragraph (1), or |
| 25 |
(b) | alter the purposes for which such a sub-committee is established. |
| |
(3) | In this Schedule a committee or sub-committee established under sub- |
| |
paragraph (1) is referred to as a “YPLA committee”. |
| |
(4) | A YPLA committee may consist of or include persons who are not members |
| |
of the YPLA or the YPLA’s staff. |
| 30 |
(5) | The YPLA may arrange for the payment of remuneration, allowances and |
| |
expenses to any person who— |
| |
(a) | is a member of a YPLA committee, but |
| |
(b) | is not a member of the YPLA or the YPLA’s staff. |
| |
(6) | The YPLA must keep under review— |
| 35 |
(a) | the structure of YPLA committees, and |
| |
(b) | the scope of each YPLA committee’s activities. |
| |
8 (1) | The YPLA and any other person may establish a committee jointly. |
| |
(2) | In this Schedule a committee established under sub-paragraph (1) is referred |
| |
to as a “joint committee”. |
| 40 |
(3) | A joint committee may establish sub-committees. |
| |
(4) | In this Schedule a sub-committee established under sub-paragraph (3) is |
| |
referred to as a “joint sub-committee”. |
| |
|
| |
|
| |
|
(5) | The YPLA may arrange for the payment of remuneration, allowances and |
| |
expenses to any person who— |
| |
(a) | is a member of a joint committee or joint sub-committee, but |
| |
(b) | is not a member of the YPLA or the YPLA’s staff. |
| |
| 5 |
9 (1) | The YPLA may regulate— |
| |
(a) | its own proceedings (including quorum), and |
| |
(b) | the procedure (including quorum) of YPLA committees. |
| |
(2) | A joint committee may regulate— |
| |
(a) | its own procedure (including quorum), and |
| 10 |
(b) | the procedure (including quorum) of any sub-committee established |
| |
| |
(3) | The validity of proceedings of the YPLA, or of a YPLA committee, joint |
| |
committee or joint sub-committee, is not affected by— |
| |
| 15 |
(b) | a defective appointment. |
| |
10 (1) | The following have the right to attend meetings of the YPLA, and of YPLA |
| |
committees, joint committees and joint sub-committees— |
| |
(a) | the Secretary of State; |
| |
(b) | a representative of the Secretary of State. |
| 20 |
(2) | A person attending a meeting of the YPLA, or of a YPLA committee, joint |
| |
committee or joint sub-committee under sub-paragraph (1) may take part in |
| |
its deliberations (but not its decisions). |
| |
(3) | If a person with a right to attend a meeting of the YPLA, or of a YPLA |
| |
committee, joint committee or joint sub-committee requests it, the YPLA |
| 25 |
must provide the person with all information relating to the meeting that— |
| |
(a) | has been distributed to the members of the YPLA, or of the YPLA |
| |
committee, joint committee or joint sub-committee, and |
| |
(b) | is likely to be needed by the person in order to take part in the |
| |
| 30 |
| |
11 (1) | The YPLA may delegate any of its functions to— |
| |
(a) | the chair or the chief executive; |
| |
(b) | a committee established by the YPLA; |
| |
| 35 |
(2) | If a function is delegated to the chair, the chair may delegate the function to |
| |
the chief executive or any of the ordinary members. |
| |
(3) | If a function is delegated to the chief executive, the chief executive may |
| |
delegate the function to a member of the YPLA’s staff. |
| |
(4) | A function is delegated under this paragraph to the extent and on the terms |
| 40 |
that the person delegating it determines. |
| |
12 (1) | A committee established by the YPLA or a joint committee may delegate any |
| |
of its functions to a sub-committee established by it. |
| |
|
| |
|
| |
|
(2) | A function is delegated under this paragraph to the extent and on the terms |
| |
that the committee determines. |
| |
(3) | The power of a committee established by the YPLA to delegate a function |
| |
under this paragraph, and to determine the extent and terms of the |
| |
delegation, are subject to the YPLA’s powers to direct what a committee |
| 5 |
established by it may and may not do. |
| |
(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 the YPLA and any other person with whom the YPLA established |
| |
the committee to direct (acting jointly) what the committee may and may not |
| 10 |
| |
| |
13 (1) | The YPLA must make and publish a plan for each academic year. |
| |
(2) | The YPLA’s plan for an academic year must be published before the start of |
| |
| 15 |
(3) | The YPLA’s plan for an academic year must include— |
| |
(a) | the YPLA’s proposals as to how it intends to achieve in that year any |
| |
objectives for the year set out in directions under section 72 or grant |
| |
| |
(b) | the YPLA’s proposals as to how it proposes to use its grant funding |
| 20 |
| |
| |
| |
(a) | the period beginning on the day on which section 57 comes |
| |
into force and ending on the following 31 August; |
| 25 |
(b) | each successive period of 12 months; |
| |
“grant conditions” mean conditions to which a grant under paragraph |
| |
| |
“grant funding” means a grant under that paragraph. |
| |
| 30 |
14 (1) | As soon as reasonably practicable after the end of each reporting period the |
| |
YPLA must prepare an annual report for the period. |
| |
(2) | The annual report must state how the YPLA has performed its functions in |
| |
| |
(3) | The YPLA must send a copy of each annual report to the Secretary of State. |
| 35 |
(4) | The Secretary of State must lay before Parliament a copy of each report |
| |
received under sub-paragraph (3) and arrange for it to be published. |
| |
(5) | In this paragraph “reporting period” means— |
| |
(a) | the period specified by the Secretary of State in a direction given to |
| |
| 40 |
(b) | each successive period of 12 months. |
| |
|
| |
|
| |
|
| |
| |
(a) | keep proper accounts and proper records in relation to the accounts, |
| |
| |
(b) | prepare annual accounts in respect of each financial year. |
| 5 |
(2) | The annual accounts must comply with any directions given by the |
| |
Secretary of State as to— |
| |
(a) | the information to be contained in them, |
| |
(b) | the manner in which the information contained in them is to be |
| |
| 10 |
(c) | the methods and principles according to which the annual accounts |
| |
| |
(3) | Before the end of the month of August next following each financial year, the |
| |
YPLA must send copies of the annual accounts for the year to— |
| |
(a) | the Secretary of State, and |
| 15 |
(b) | the Comptroller and Auditor General. |
| |
(4) | The Comptroller and Auditor General must— |
| |
(a) | examine, certify and report on the annual accounts, and |
| |
(b) | give a copy of the report to the Secretary of State. |
| |
(5) | The Secretary of State must lay before Parliament— |
| 20 |
(a) | a copy of any annual accounts received under sub-paragraph (3), and |
| |
(b) | a copy of each report received under sub-paragraph (4). |
| |
(6) | In this paragraph “financial year” means— |
| |
(a) | the period specified by the Secretary of State in a direction given to |
| |
| 25 |
(b) | each successive period of 12 months. |
| |
| |
16 | The application of the YPLA’s seal is authenticated by the signatures of— |
| |
(a) | the chair or another person authorised (generally or specifically) for |
| |
that purpose by the YPLA, and |
| 30 |
(b) | one other member of the YPLA. |
| |
17 | Any document purporting to be an instrument made or issued by or on |
| |
behalf of the YPLA, and to be duly executed by a person authorised by the |
| |
| |
(a) | is to be received in evidence, and |
| 35 |
(b) | is to be taken to be made or issued in that way, unless the contrary is |
| |
| |
| |
18 (1) | The Secretary of State may make grants to the YPLA for the purposes of any of its |
| |
| 40 |
(2) | Grants to the YPLA under this paragraph are to be made at such times and |
| |
subject to such conditions (if any) as the Secretary of State thinks |
| |
| |
|
| |
|
| |
|
(3) | Conditions to which a grant is subject may (in particular)— |
| |
(a) | set the YPLA’s budget for any financial year; |
| |
(b) | require the YPLA to use the grant for specified purposes; |
| |
(c) | require the YPLA to comply with specified requirements in respect |
| |
of persons or persons of a specified description in securing the |
| 5 |
provision of specified financial resources to such persons; |
| |
(d) | enable repayment (in whole or part) to be required of sums paid by |
| |
the Secretary of State if any condition subject to which the grant was |
| |
made is not complied with; |
| |
(e) | require the payment of interest in respect of any period during which |
| 10 |
a sum due to the Secretary of State in accordance with any condition |
| |
| |
(4) | Requirements which may be imposed under sub-paragraph (3)(c) include in |
| |
particular requirements that, if the YPLA provides specified financial |
| |
resources, it is to impose specified conditions. |
| 15 |
(5) | The Secretary of State may not impose conditions which relate to the YPLA’s |
| |
securing of the provision of financial resources to a particular person or |
| |
| |
| |
19 (1) | The YPLA may do anything that it considers necessary or appropriate for |
| 20 |
the purposes of, or in connection with, its functions. |
| |
(2) | The power in sub-paragraph (1) is subject to any restrictions imposed by or |
| |
under any provision of this or any other Act. |
| |
(3) | The YPLA may not borrow money. |
| |
(4) | The YPLA may not do any of the following without the consent of the |
| 25 |
| |
| |
(b) | form, participate in forming or invest in a company; |
| |
(c) | form, participate in forming or otherwise become a member of a |
| |
charitable incorporated organisation (within the meaning of section |
| 30 |
69A of the Charities Act 1993 (c. 10)). |
| |
(5) | In sub-paragraph (4)(b) the reference to investing in a company includes a |
| |
| |
(a) | becoming a member of the company, and |
| |
(b) | investing in it by the acquisition of any assets, securities or rights or |
| 35 |
| |
Parliamentary Commissioner Act 1967 (c. 13) |
| |
20 | In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. |
| |
subject to investigation) at the appropriate place insert— |
| |
“The Young People’s Learning Agency.” |
| 40 |
House of Commons Disqualification Act 1975 (c. 24) |
| |
21 | In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 |
| |
|
| |
|
| |
|
(other disqualifying offices) at the appropriate place insert— |
| |
“Any member of the Young People’s Learning Agency for England in |
| |
receipt of remuneration.” |
| |
Superannuation Act 1972 (c. 11) |
| |
22 | In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc, |
| 5 |
referred to in section 1 of that Act) under the heading “Other bodies” |
| |
| |
“The Young People’s Learning Agency for England”. |
| |
| |
| |
The Chief Executive of Skills Funding |
| 10 |
| |
1 (1) | The Chief Executive is to perform the functions of the office on behalf of the |
| |
| |
(2) | The person for the time being holding the office of Chief Executive is by the |
| |
name of that office to be a corporation sole. |
| 15 |
Tenure of office and terms of appointment |
| |
2 (1) | The Secretary of State may remove the Chief Executive from office on the |
| |
grounds of inability or unfitness to carry out the functions of the office. |
| |
(2) | The Chief Executive may resign at any time by giving written notice to the |
| |
| 20 |
(3) | Otherwise, the Chief Executive holds and vacates office in accordance with |
| |
the terms of appointment to that office (which may include provision for |
| |
| |
(4) | Service as Chief Executive is to be service in the civil service of the State. |
| |
| 25 |
3 (1) | The Chief Executive may appoint staff. |
| |
(2) | Service as a member of the Chief Executive’s staff is to be service in the civil |
| |
| |
(3) | Subject to sub-paragraph (2), the conditions of service of the staff appointed |
| |
by the Chief Executive are to be determined by the Chief Executive. |
| 30 |
| |
4 (1) | The Chief Executive may delegate any of the functions of the office to— |
| |
(a) | to a member of the Chief Executive’s staff appointed under |
| |
| |
(b) | to a member of staff provided to the Chief Executive by the Secretary |
| 35 |
of State under arrangements under paragraph 5. |
| |
|
| |
|
| |
|
(2) | Any delegation under sub-paragraph (1) is to be to the extent, and on terms, |
| |
that the Chief Executive determines. |
| |
(3) | This paragraph is subject to section 79. |
| |
Arrangements with Secretary of State |
| |
5 | The Secretary of State and the Chief Executive may enter into arrangements |
| 5 |
with each other for the provision to the Chief Executive by the Secretary of |
| |
State, on such terms as may be agreed, of staff, accommodation or services. |
| |
| |
6 (1) | The Secretary of State may make grants to the Chief Executive. |
| |
(2) | Grants to the Chief Executive are to be made at such times and subject to |
| 10 |
such conditions (if any) as the Secretary of State thinks appropriate. |
| |
(3) | Conditions to which a grant is subject may— |
| |
(a) | set the Chief Executive’s budget for any financial year; |
| |
(b) | require the Chief Executive to use the grant for specified purposes; |
| |
(c) | require the Chief Executive to comply with specified requirements in |
| 15 |
respect of persons or persons of a specified description in securing |
| |
the provision of specified financial resources to such persons; |
| |
(d) | enable repayment (in whole or part) to be required of sums paid by |
| |
the Secretary of State if any condition subject to which the grant was |
| |
made is not complied with; |
| 20 |
(e) | require the payment of interest in respect of any period during which |
| |
a sum due to the Secretary of State in accordance with any condition |
| |
| |
(4) | Requirements which may be imposed under sub-paragraph (3)(c) include in |
| |
particular requirements that, if the Chief Executive provides specified |
| 25 |
financial resources, the Chief Executive is to impose specified conditions. |
| |
| |
7 (1) | As soon as reasonably practicable after the end of each financial year the |
| |
Chief Executive must prepare an annual report for the financial year. |
| |
(2) | The annual report must state how the Chief Executive has performed the |
| 30 |
functions of the office in the financial year. |
| |
(3) | The Chief Executive must send a copy of each report prepared under sub- |
| |
paragraph (1) to the Secretary of State. |
| |
(4) | The Secretary of State must lay before Parliament a copy of each report |
| |
received under sub-paragraph (3) and arrange for it to be published. |
| 35 |
(5) | The Chief Executive may— |
| |
(a) | prepare other reports on matters relating to the functions of the |
| |
| |
(b) | must send a copy of each report prepared under paragraph (a) to the |
| |
| 40 |
|
| |
|