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Apprenticeships, Skills, Children and Learning Bill


Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions

33

 

52      

Transport policy statements for persons of sixth form age: content and

publication

(1)   

In section 509AB of the Education Act 1996 (c. 56) (provision of transport etc for

persons of sixth form age in England), after subsection (7) insert—

“(7A)   

In preparing and publishing a statement under section 509AA, a local

5

education authority must have regard to (among other things) the need

to—

(a)   

include in the statement sufficient information about the

matters that the statement must specify, and

(b)   

publish the statement in time,

10

   

to enable persons who will be of sixth form age when the statement has

effect and their parents to take reasonable account of those matters

when choosing between different establishments at which education or

training is provided.”

(2)   

In section 509AA(10) for “by substituting a different date for 31st May”

15

substitute “to change the time by which the statement must be published”.

53      

Complaints about transport arrangements etc for persons of sixth form age

(1)   

The Education Act 1996 is amended as follows.

(2)   

After section 509AD (local education authorities in England: duty to have

regard to religion or belief in exercise of travel functions) insert— 

20

“509AE  

 Complaints about transport arrangements etc for persons of sixth

form age in England

(1)   

A local education authority may revise a statement prepared under

section 509AA to change the arrangements specified under subsection

(2) or (3) of that section if, as a result of a sixth form transport complaint,

25

they have come to consider the change necessary for the purpose

mentioned in that subsection.

(2)   

A local education authority must revise a statement prepared under

section 509AA to change the arrangements specified under subsection

(2) or (3) of that section if, as a result of a sixth form transport complaint,

30

the Secretary of State has directed them to do so.

(3)   

An authority that revise a statement under subsection (1) or (2) must

publish the revised statement and a description of the revision as soon

as practicable.

(4)   

The Secretary of State need not consider whether to exercise any power

35

under sections 496 to 497A (powers to prevent unreasonable exercise of

functions, etc), section 509AA(9) (power to require LEA to make

additional transport arrangements), or subsection (2) of this section in

response to a matter that is, or could have been, the subject of a sixth

form transport complaint made to him or her unless satisfied that—

40

(a)   

the matter has been brought to the notice of the local education

authority concerned, and

(b)   

the authority have had a reasonable opportunity to investigate

the matter and respond.

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions

34

 

(5)   

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

is—

(a)   

about a local education authority’s exercise of, or failure to

exercise, a function under sections 509AA to 509AD in relation

to persons of sixth form age, and

5

(b)   

made by a person who is, or will be, a person of sixth form age

when the matter complained of has effect, or by a parent of such

a person,

   

and “sixth form age” is to be construed in accordance with section

509AC(1).

10

(6)   

For the purposes of sections 509AA(8) and (9), 509AB(1) to (5), 509AC

and 509AD, the revision of a statement under this section is to be

treated as the preparation of a statement under section 509AA.

(7)   

Where a local authority have published in a single document a

statement prepared under section 508G and a statement prepared

15

under 509AA, the requirement to publish a revised statement under

subsection (3) is to be treated as a requirement to publish a version of

the document that includes the revised statement.”

(3)   

In section 496 (power of Secretary of State to prevent unreasonable exercise of

functions), after subsection (4) (as inserted by section 206(1) of this Act)

20

insert—

“(5)   

This section is subject to section 509AE (complaints about transport

arrangements etc for persons of sixth form age in England).”

(4)   

In section 497 (general default powers of Secretary of State), after subsection (5)

(as inserted by section 206(2) of this Act) insert—

25

“(6)   

This section is subject to section 509AE (complaints about transport

arrangements etc for persons of sixth form age in England).”

(5)   

In section 497A (power of Secretary of State to secure proper performance of

LEA’s functions), at the end insert—

“(8)   

This section is subject to section 509AE (complaints about transport

30

arrangements etc for persons of sixth form age in England).”

(6)   

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

the end insert—

“(11)   

Subsection (9) is subject to section 509AE (complaints about transport

arrangements etc for persons of sixth form age in England).”

35

54      

Local education authorities in England: provision of transport etc for adult

learners

(1)   

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

(2)   

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

“508F   

LEAs in England: provision of transport etc for adult learners

40

(1)   

A local education authority in England must make such arrangements

for the provision of transport and otherwise as they consider necessary,

or as the Secretary of State may direct, for the purposes mentioned in

subsections (2) and (3).

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions

35

 

(2)   

The first purpose is to facilitate the attendance of adults receiving

education at institutions—

(a)   

maintained or assisted by the authority and providing further

or higher education (or both), or

(b)   

within the further education sector.

5

(3)   

The second purpose is to facilitate the attendance of relevant young

adults receiving education or training at institutions outside both the

further and higher education sectors, but only in cases where the local

education authority have secured for the adults in question—

(a)   

the provision of education or training at the institution in

10

question, and

(b)   

the provision of boarding accommodation under section 514A.

(4)   

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

charge.

(5)   

In considering whether they are required by subsection (1) to make

15

arrangements in relation to a particular adult, a local education

authority must have regard (among other things) to the age of the adult

and the nature of the route, or alternative routes, which the adult could

reasonably be expected to take.

(6)   

Arrangements made under subsection (1) by virtue of subsection (3) to

20

facilitate full-time education or training at an institution outside both

the further or higher education sectors must be no less favourable than

the arrangements made for relevant young adults of the same age for

whom the authority secure the provision of education at another

institution.

25

(7)   

A local education authority in England may pay all or part of the

reasonable travelling expenses of an adult—

(a)   

receiving education or training at an institution mentioned in

subsection (2) or (3), and

(b)   

for whose transport no arrangements are made under

30

subsection (1).

(8)   

In this section—

“adult” means a person who is neither a child nor a person of sixth

form age,

“sixth form age” is to be construed in accordance with section

35

509AC(1), and

“relevant young adult” means an adult who is aged under 25 and

is subject to learning difficulty assessment.

(9)   

Section 15ZA(9) (persons subject to learning difficulty assessment)

applies for the purposes of subsection (8) as it applies for the purposes

40

of section 15ZA.

508G    

LEAs in England: transport policy statements etc for certain young

adults

(1)   

A local education authority in England making arrangements, or

proposing to pay travelling expenses, under section 508F in relation to

45

relevant young adults must consult—

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 2 — LEA functions

36

 

(a)   

any other local education authority that they consider it

appropriate to consult,

(b)   

governing bodies of institutions within the further education

sector in the authority’s area,

(c)   

persons in the local education authority’s area who will be

5

relevant young adults when the arrangements or payments

have effect, and their parents,

(d)   

the Secretary of State, and

(e)   

any other person specified by the Secretary of State.

(2)   

The authority must prepare for each academic year a transport policy

10

statement complying with the following requirements.

(3)   

The statement must specify any transport or other arrangements, and

any payment of travelling expenses, made or to be made in relation to

the year under section 508F in relation to relevant young adults.

(4)   

The statement must also specify any travel concessions (within the

15

meaning of Part 5 of the Transport Act 1985) which are to be provided

under any scheme established under section 93 of that Act to relevant

young adults receiving education or training at an institution

mentioned in subsection (2) or (3) of section 508F.

(5)   

The authority must publish the statement by the end of May in the year

20

in which the relevant academic year begins.

(6)   

In preparing and publishing the statement, the authority must have

regard to (among other things) the need to—

(a)   

include in the statement sufficient information about the

matters that the statement must specify, and

25

(b)   

publish the statement in time,

   

to enable relevant young adults and their parents to take reasonable

account of those matters when choosing between different institutions

at which education or training is provided.

(7)   

In preparing and publishing the statement the authority must also have

30

regard to any guidance issued by the Secretary of State under this

section.

(8)   

The publication of a statement under this section in relation to an

academic year does not prevent an authority from—

(a)   

making additional arrangements or payments under section

35

508F in relation to the academic year, or

(b)   

providing additional travel concessions in relation to the

academic year.

(9)   

The Secretary of State may amend subsection (5) by order to change the

time by which the statement must be published.

40

(10)   

In this section—

“academic year” has the meaning given in section 509AC,

“governing body” has the meaning given in section 509AC, and

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

(3)   

In section 509AD(2) (LEAs in England: duty to have regard to religion or belief

45

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 3 — The Young People’s Learning Agency for England
Chapter 1 — Establishment

37

 

in exercise of travel functions) for the entry relating to section 508F substitute—

“section 508F (LEAs in England: provision of transport etc for

adult learners);”.

(4)   

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

(5)   

Section 81 of the Education and Inspections Act 2006 (c. 40) (LEAs in England:

5

provision of transport etc for certain adult learners) ceases to have effect.

Powers in respect of non-maintained schools

55      

Power of LEAs to arrange provision of education at non-maintained schools

(1)   

The following provisions cease to have effect—

(a)   

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

10

and

(b)   

paragraph 64 of Schedule 30 to that Act.

(2)   

Accordingly, sections 16 and 18 of the Education Act 1996 (c. 56) (powers of

LEAs to assist, and arrange provision of education at, non-maintained schools)

continue to have effect as if the provisions mentioned in subsection (1) had

15

never been enacted.

General

56      

Minor and consequential amendments

Schedule 2 contains minor and consequential amendments relating to the

provision made by this Part.

20

Part 3

The Young People’s Learning Agency for England

Chapter 1

Establishment

57      

The Young People’s Learning Agency for England

25

(1)   

There is to be a body corporate known as the Young People’s Learning Agency

for England.

(2)   

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

(3)   

Except as provided for in sections 65 to 67, the YPLA is to perform its functions

in relation to England only.

30

(4)   

Schedule 3 makes further provision about the YPLA.

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 3 — The Young People’s Learning Agency for England
Chapter 2 — Main functions

38

 

Chapter 2

Main functions

Funding

58      

Provision of financial resources

(1)   

The YPLA must secure the provision of financial resources to—

5

(a)   

persons providing or proposing to provide suitable education or

training to persons—

(i)   

who are over compulsory school age but under 19, or

(ii)   

who are aged 19 or over but under 25 and are subject to learning

difficulty assessment;

10

(b)   

local education authorities, for the purposes of their functions in

relation to such education or training.

(2)   

The YPLA must also secure the provision of financial resources in accordance

with any directions given to it by the Secretary of State.

(3)   

The YPLA may secure the provision of financial resources to—

15

(a)   

persons providing or proposing to provide education or training to

persons who are of or under compulsory school age;

(b)   

persons providing or proposing to provide education or training to

persons aged 19 or over, in respect of education or training begun by

them before reaching the age of 19;

20

(c)   

local education authorities, for the purposes of their functions in

relation to education or training in respect of which the YPLA has

power to secure the provision of financial resources under paragraph

(a) or (b).

(4)   

The YPLA may also secure the provision of financial resources—

25

(a)   

to or in respect of persons (of any age) for purposes related to enabling,

facilitating or encouraging their participation in education or training;

(b)   

to persons providing or proposing to provide goods or services in

connection with the provision by others of education or training within

subsection (1)(a) or (3)(a) or (b);

30

(c)   

to persons undertaking or proposing to undertake research relating to

education or training;

(d)   

to persons providing or proposing to provide work experience for

persons receiving education;

(e)   

to persons carrying out means tests under arrangements made under

35

section 61;

(f)   

to persons providing or proposing to provide information, advice or

guidance about education or training or connected matters (including

employment).

(5)   

In performing its functions under this section the YPLA must make the best use

40

of its resources and in particular avoid provision that might give rise to

disproportionate expenditure.

(6)   

Provision is not to be considered as giving rise to disproportionate expenditure

only because it is more expensive than comparable provision.

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 3 — The Young People’s Learning Agency for England
Chapter 2 — Main functions

39

 

(7)   

The YPLA may secure the provision of financial resources under this section—

(a)   

by providing the resources;

(b)   

by making arrangements for the provision of resources by another

person;

(c)   

by making arrangements for the provision of resources by persons

5

jointly (whether or not including the YPLA).

(8)   

The YPLA may under subsection (4)(a) secure the provision of financial

resources by reference to—

(a)   

any fees or charges payable by the person receiving or proposing to

receive the education or training, or

10

(b)   

any other matter (such as transport or childcare).

(9)   

The reference in subsection (1) to persons—

(a)   

who are over compulsory school age but under 19, or

(b)   

who are aged 19 or over but under 25 and are subject to learning

difficulty assessment,

15

   

does not include persons who are subject to adult detention within the

meaning given in section 118(5).

(10)   

Directions given under subsection (2) may not concern the provision of

financial resources to or in respect of a particular person or persons.

59      

Financial resources: conditions

20

(1)   

Financial resources provided by the YPLA may be provided subject to

conditions.

(2)   

The conditions may include—

(a)   

information conditions;

(b)   

operational conditions;

25

(c)   

repayment conditions.

(3)   

Information conditions are conditions which—

(a)   

require the YPLA, or a person designated by the YPLA, 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

30

material, or

(b)   

require a person to whom financial resources are provided to give to

the YPLA such information as the YPLA may request for the purpose

of carrying out its functions.

(4)   

Operational conditions are conditions which require a person providing or

35

proposing to provide education or training (“the provider”) to make

arrangements providing for all or any of the matters mentioned in subsection

(5).

(5)   

The matters are the following—

(a)   

the charging of fees by the provider by reference to specified criteria;

40

(b)   

the making of awards by the provider by reference to specified criteria;

(c)   

the recovery by the provider of amounts from persons receiving

education or training or from employers (or from both);

(d)   

the determination of amounts by reference to specified criteria where

provision is made under paragraph (c);

45

 
 

 
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