Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Part 3 — The Young People’s Learning Agency for England
Chapter 2 — Main functions
40

(e)
the operation of specified exemptions where provision is made under
paragraph (c);
(f)
the making by the provider of provision specified in a report of a
learning difficulty assessment.
(6)
Repayment conditions are conditions which—
5
(a)
enable the YPLA to require the repayment (in whole or part) of sums
paid by the YPLA if any of the conditions subject to which the sums
were paid is not complied with;
(b)
require the payment of interest in respect of any period in which a sum
due to the YPLA in accordance with any condition is unpaid.
10
60
Performance assessments
(1)
The YPLA may adopt or develop schemes for the assessment of the
performance of persons in providing education or training funded (directly or
indirectly) by the YPLA in the exercise of its functions under section 58.
(2)
The YPLA may take the assessments into account in deciding how to exercise
15
its functions under section 58.
61
Means tests
(1)
The YPLA may—
(a)
carry out means tests;
(b)
arrange for other persons to carry out means tests.
20
(2)
The YPLA may take the results of the tests into account in exercising its
functions under section 58(4)(a).
62
Prohibition on charging
(1)
The YPLA must exercise its funding functions so as to secure (so far as
practicable) that no charge is made in relation to the provision of relevant
25
education or training funded by it.
(2)
The YPLA’s funding functions are its functions under sections 58 and 59.
(3)
“Relevant education or training” means full-time or part-time education or
training suitable to the requirements of persons over compulsory school age
but under 19, other than education to be provided at a school maintained by a
30
local education authority.
(4)
Education or training is funded by the YPLA for the purposes of this section if
the YPLA has secured the provision of financial resources under section 58 to
a person providing it.
(5)
Regulations may specify charges or descriptions of charges which are, or are
35
not, to be treated as made in relation to the provision of education or training
for the purposes of this section.

Apprenticeships, Skills, Children and Learning Bill
Part 3 — The Young People’s Learning Agency for England
Chapter 2 — Main functions
41

Securing provision of education and training
63
Securing provision of education and training
(1)
The YPLA may secure the provision of suitable education or training for
persons—
(a)
who are over compulsory school age but under 19, or
5
(b)
who are aged 19 or over but under 25 and are subject to learning
difficulty assessment.
(2)
Subsection (1) does not apply to persons who are subject to adult detention
within the meaning given in section 118(5).
64
Intervention for purpose of securing provision of education and training
10
(1)
This section applies if the YPLA is satisfied that a local education authority is
failing, or is likely to fail, to perform its duty under section 15ZA(1) of the
Education Act 1996 (c. 56) (duty to secure provision of enough suitable
education and training for persons over compulsory school age) (“the section
15ZA duty”).
15
(2)
The YPLA may give directions to the authority for the purpose of securing the
provision of education and training to which the section 15ZA duty relates.
(3)
A direction given under this section may include provision requiring an
authority to permit action of a specified description in relation to any such
education or training to be taken by the YPLA or another person.
20
(4)
The YPLA must consult the Secretary of State before exercising the power
conferred by this section.
(5)
A direction given under this section may be enforced by a mandatory order, on
an application made by the YPLA.
Provision of services and assistance
25
65
Provision of services
(1)
The YPLA may make arrangements with a permitted recipient for the
provision by the YPLA of services that are required by the permitted recipient
in connection with the exercise of the recipient’s functions relating to education
or training.
30
(2)
The services that may be provided under arrangements made under
subsection (1) include—
(a)
providing accommodation and other facilities to a permitted recipient
or managing such facilities on behalf of a permitted recipient;
(b)
procuring, or assisting in procuring, goods and services for use by a
35
permitted recipient.
(3)
The terms and conditions upon which the arrangements are made may include
provision for making payments to the YPLA in respect of expenditure incurred
by the YPLA in performing any function under the arrangements.
(4)
In this section “permitted recipient” means—
40
(a)
the Secretary of State;

Apprenticeships, Skills, Children and Learning Bill
Part 3 — The Young People’s Learning Agency for England
Chapter 2 — Main functions
42

(b)
the Welsh Ministers;
(c)
the Scottish Ministers;
(d)
a Northern Ireland department;
(e)
the Chief Executive of Skills Funding;
(f)
any other person, wholly or partly funded from public funds, who has
5
functions relating to education or training;
(g)
any other person specified, or of a description specified, by order made
by the appropriate national authority for the purposes of this section.
(5)
Before making arrangements under which it may provide services to a
permitted recipient who falls within any of paragraphs (b) to (g) of subsection
10
(4) in connection with the exercise of the recipient’s functions relating to
education or training provided in Wales, Scotland or Northern Ireland, the
YPLA must obtain the consent of the Secretary of State.
(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
15
(4) in connection with the exercise of the recipient’s functions relating to
education or training provided in Wales, Scotland or Northern Ireland, the
YPLA must obtain—
(a)
in relation to education or training provided in Wales, the consent of
the Welsh Ministers;
20
(b)
in relation to education or training provided in Scotland, the consent of
the Scottish Ministers;
(c)
in relation to education or training provided in Northern Ireland, the
consent of the Minister for Employment and Learning in Northern
Ireland.
25
(7)
Consent may be given under subsection (5) or (6) in relation to particular
arrangements or arrangements of a particular description.
(8)
“The appropriate national authority” means—
(a)
in relation to a person exercising functions relating only to education or
training provided in Wales, the Welsh Ministers;
30
(b)
in relation to a person exercising functions relating only to education or
training provided in Scotland, the Scottish Ministers;
(c)
in relation to a person exercising functions relating only to education or
training provided in Northern Ireland, the Department for
Employment and Learning in Northern Ireland;
35
(d)
in any other case, the Secretary of State.
66
Assistance with respect to employment and training
(1)
The YPLA may take part in arrangements made by the Secretary of State, the
Welsh Ministers or the Scottish Ministers under section 2 of the Employment
and Training Act 1973 (c. 50) (arrangements for assisting persons to select, train
40
for, obtain and retain employment).
(2)
Before making such arrangements in relation to Wales or Scotland in which the
YPLA is to take part, the Secretary of State must obtain the consent of the Welsh
Ministers or (as the case may be) the Scottish Ministers to the arrangements.
(3)
Before making such arrangements in which the YPLA is to take part, the Welsh
45
Ministers or the Scottish Ministers must obtain the consent of the Secretary of
State to the arrangements.

Apprenticeships, Skills, Children and Learning Bill
Part 3 — The Young People’s Learning Agency for England
Chapter 2 — Main functions
43

67
Assistance with respect to employment and training: Northern Ireland
(1)
The YPLA may take part in any arrangements made by the Department for
Employment and Learning in Northern Ireland under section 1 of the
Employment and Training Act (Northern Ireland) 1950 (arrangements for
assisting persons to select, train for, obtain and retain employment).
5
(2)
Before making such arrangements in which the YPLA is to take part, the
Department must obtain the consent of the Secretary of State to the
arrangements.
Miscellaneous
68
Research, information and advice
10
(1)
The YPLA may carry out programmes of research and development connected
with any matter relevant to any of its functions.
(2)
If requested to do so by the Secretary of State, the YPLA 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.
15
(3)
The YPLA may provide the Secretary of State with other information or advice
on any matter in relation to which the YPLA has a function.
(4)
The YPLA may provide any person designated by the Secretary of State with
information about any matter in relation to which the YPLA has a function.
(5)
The YPLA must establish systems for collecting information which is designed
20
to secure that decisions of the YPLA with regard to education and training are
made on a sound basis.
(6)
The YPLA may secure the provision of facilities and services for providing
information, advice or guidance about education or training or connected
matters (including employment).
25
69
Guidance by YPLA
(1)
The YPLA must issue guidance to local education authorities about the
performance of their duties under section 15ZA(1) of the Education Act 1996
(c. 56).
(2)
Local education authorities must have regard to any such guidance in
30
performing those functions.
(3)
The YPLA may also issue guidance about any other matter in respect of which
it has a function.
70
Intervention powers: policy statement
(1)
The YPLA must—
35
(a)
prepare a statement of its policy with respect to the exercise of its
intervention powers,
(b)
keep the statement under review, and
(c)
revise the statement, if it thinks if appropriate in consequence of the
review.
40

Apprenticeships, Skills, Children and Learning Bill
Part 3 — The Young People’s Learning Agency for England
Chapter 3 — YPLA’s functions: supplementary
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(2)
When preparing a statement or revised statement of its policy, the YPLA
must—
(a)
undertake such consultation as it thinks appropriate, and
(b)
consider any representations made to it about the policy to be set out in
the statement.
5
(3)
The YPLA must send a copy of the statement or the revised statement to the
Secretary of State for approval.
(4)
The YPLA must publish the statement, or revised statement, as soon as
practicable after it has been approved by the Secretary of State.
(5)
The YPLA must have regard to the statement, or revised statement, most
10
recently published under subsection (4) in exercising, or deciding whether to
exercise, any of its intervention powers.
(6)
The YPLA’s intervention powers are its powers under—
(a)
section 64;
(b)
section 56H of the Further and Higher Education Act 1992 (c. 13);
15
(c)
section 56I of that Act.
71
Power of Secretary of State to confer supplementary functions on YPLA
(1)
The Secretary of State may by order confer supplementary functions on the
YPLA.
(2)
A supplementary function is a function which is—
20
(a)
exercisable in connection with functions of the Secretary of State, and
(b)
relevant to the provision of education or training within the YPLA’s
remit.
Chapter 3
YPLA’s functions: supplementary
25
72
Directions by Secretary of State
(1)
The Secretary of State may give directions to the YPLA containing—
(a)
objectives which the YPLA should achieve in carrying out its functions,
(b)
time limits within which the YPLA should achieve the objectives, and
(c)
provision relating to the management of the YPLA.
30
(2)
The Secretary of State may give to the YPLA other directions as to the
performance of any of its functions if the Secretary of State is satisfied that the
YPLA—
(a)
has failed to discharge a duty imposed by or under any Act, or
(b)
has acted or is proposing to act unreasonably with respect to the
35
performance of any function conferred by or under any Act.
(3)
The Secretary of State may give directions under subsection (2) despite any
provision made by or under any Act making the performance of a function
dependent on the YPLA’s opinion.

Apprenticeships, Skills, Children and Learning Bill
Part 3 — The Young People’s Learning Agency for England
Chapter 4 — Academy arrangements
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(4)
Directions given under this section with respect to functions conferred on the
YPLA by or under section 58 may not concern the provision of financial
resources to or in respect of a particular person or persons.
73
Guidance by Secretary of State
(1)
The YPLA must, in performing its functions, have regard to any guidance
5
given from time to time by the Secretary of State.
(2)
Guidance under this section may include in particular guidance about—
(a)
consultation with persons mentioned in subsection (3) in connection
with the taking of decisions which affect such persons, and
(b)
taking advice from such persons or descriptions of persons as may be
10
specified in the guidance.
(3)
The persons are—
(a)
persons receiving or proposing to receive education or training within
the YPLA’s remit,
(b)
employers, or
15
(c)
such other persons or descriptions of persons as may be specified in the
guidance.
(4)
Guidance under this section about consultation with persons falling within
subsection (3)(a) must provide for the views of such persons to be considered
in the light of their age and understanding.
20
Chapter 4
Academy arrangements
74
Academy arrangements
(1)
The Secretary of State may require the YPLA to enter into Academy
arrangements with the Secretary of State.
25
(2)
For the purposes of this section and sections 75 and 76 “Academy
arrangements” are arrangements under which the YPLA is required to exercise
specified Academy functions on the Secretary of State’s behalf in accordance
with the arrangements.
(3)
An “Academy function” is a function of the Secretary of State relating to or
30
exercisable in connection with—
(a)
Academies, city technology colleges or city colleges for the technology
of the arts generally,
(b)
a particular, or particular description of, Academy, city technology
college or city college for the technology of the arts.
35
(4)
Academy functions include in particular functions of the Secretary of State
under—
(a)
section 482 of the Education Act 1996 (c. 56) (Academies) or an
agreement entered into under that section;
(b)
Schedule 35A to that Act (Academies: land).
40

Apprenticeships, Skills, Children and Learning Bill
Part 3 — The Young People’s Learning Agency for England
Chapter 4 — Academy arrangements
46

(5)
References in a provision made by or under this or any other Act to the
functions of the YPLA do not include any functions conferred or imposed on
the YPLA under Academy arrangements.
75
Grants for purposes of Academy arrangements functions
(1)
The Secretary of State may make grants to the YPLA for the purposes of any functions
5
that are or may be conferred or imposed on the YPLA under Academy arrangements.
(2)
Grants to the YPLA under this section are to be made at such times and subject
to such conditions (if any) as the Secretary of State thinks appropriate.
(3)
Conditions to which a grant is subject may (in particular)—
(a)
require the YPLA to use the grant for specified purposes;
10
(b)
require the YPLA to comply with specified requirements in respect of
persons or persons of a specified description;
(c)
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;
15
(d)
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
remains unpaid.
(4)
Requirements which may be imposed under subsection (3)(b) include in
particular requirements that, if the YPLA provides specified financial
20
resources, it is to impose specified conditions.
76
Academy arrangements: information sharing
(1)
This section applies if the Secretary of State and the YPLA enter into Academy
arrangements.
(2)
A person within subsection (3) may provide information to any other person
25
within that subsection for the purpose of enabling or facilitating the exercise of
any relevant function.
(3)
The persons are—
(a)
the Secretary of State;
(b)
the YPLA;
30
(c)
a relevant Academy;
(d)
any other person by or in respect of whom a relevant function is
exercisable.
(4)
A “relevant function” is—
(a)
a function conferred or imposed on the YPLA under the arrangements;
35
(b)
a function of the Secretary of State, a relevant Academy, or any other
person, which is exercisable in connection with a function conferred or
imposed on the YPLA under the arrangements.
(5)
A “relevant Academy” is an Academy, city technology college or city college
for the technology of the arts in relation to which a function is exercisable by
40
the YPLA under the arrangements.
(6)
Nothing in this section—
(a)
affects a power to disclose information that exists apart from this
section, or