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 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
54

in the opinion of the Secretary of State, is demonstrated by the General
Certificate of Secondary Education in that subject.
(5)
“Full level 2 qualification” means a qualification at 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
5
subjects, each at Grade C or above.
(6)
A reference to a qualification in English or mathematics at level 2 is to a
qualification in that subject at the level of attainment (in terms of depth) which,
in the opinion of the Secretary of State, is demonstrated by the General
Certificate of Secondary Education in that subject at Grade C or above.
10
(7)
In subsection (2), “regulated qualification” has the meaning given by section
127.
(8)
The Secretary of State may, by order, amend this section so as to substitute a
different qualification for a qualification for the time being referred to in
subsection (3), (4), (5) or (6).
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89
Suspension of scheme
(1)
The Secretary of State may by order suspend the apprenticeship scheme in an
area specified in the order, for a period so specified—
(a)
in relation to a particular apprenticeship sector, or
(b)
in relation to a particular apprenticeship sector at a particular level.
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(2)
The period specified in an order under subsection (1) must not exceed 2 years.
(3)
An apprenticeship sector is an available sector, in relation to a person’s election
under section 84 for the apprenticeship scheme at a particular level, unless the
person lives in an area in which the apprenticeship scheme is suspended in
relation to that sector at that level.
25
90
Power to amend apprenticeship scheme
The Secretary of State may by order amend—
(a)
the age for the time being specified in section 84(1)(b);
(b)
any of the requirements specified in section 87.
91
Apprenticeship scheme: interpretation
30
(1)
In sections 83 to 90—
“apprenticeship framework” has the meaning given by section 10;
“apprenticeship sector” means a sector specified under section 37;
“available sector” has the meaning given by section 89;
“English apprenticeship agreement” has the meaning given by section 1.
35
(2)
References in sections 83 to 90 to—
(a)
the level of an apprenticeship framework, or
(b)
the apprenticeship sector to which an apprenticeship framework
relates,

are to be read in accordance with section 10(5).
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Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
55

Education and training for persons aged 19 or over etc.
92
Education and training for persons aged 19 or over and others subject to adult
detention
(1)
The Chief Executive must secure the provision of reasonable facilities for—
(a)
education suitable to the requirements of—
5
(i)
persons who are aged 19 or over, other than persons aged under
25 who are subject to learning difficulty assessment, and
(ii)
persons who are subject to adult detention, and
(b)
training suitable to the requirements of such persons.
(2)
This section does not apply to the provision of facilities to the extent that
10
section 93 applies to the provision of those facilities.
(3)
Facilities are reasonable if (taking account of the Chief Executive’s resources)
their quantity and quality are such that the Chief Executive can reasonably be
expected to secure their provision.
(4)
In discharging the duty under subsection (1) the Chief Executive must—
15
(a)
take account of the places where facilities are provided, the character of
facilities and the way they are equipped;
(b)
take account of the different abilities and aptitudes of different persons;
(c)
take account of the education and skills required in different sectors of
employment for employees and potential employees;
20
(d)
take account of facilities the provision of which the Chief Executive
thinks might reasonably be secured by other persons;
(e)
act with a view to encouraging diversity of education and training
available to individuals;
(f)
act with a view to increasing opportunities for individuals to exercise
25
choice;
(g)
have regard to the desirability of enabling persons subject to adult
detention to continue programmes of education or training which they
have begun;
(h)
make the best use of resources and in particular avoid provision that
30
might give rise to disproportionate expenditure.
(5)
Provision is not to be considered as giving rise to disproportionate expenditure
only because that provision is more expensive than comparable provision.
(6)
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
35
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.
(7)
For the purposes of this section—
“education” includes full-time and part-time education;
40
“training” includes—
(a)
full-time and part-time training;
(b)
vocational, social, physical and recreational training;
(c)
apprenticeship training.

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
56

(8)
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), for
any such persons who are able and willing to profit by facilities provided for
that purpose.
5
93
Learning aims for persons aged 19 or over: provision of facilities
(1)
The Chief Executive must secure the provision of proper facilities for relevant
education or training for persons falling within subsection (3) which is suitable
to their requirements.
(2)
Relevant education or training is education or vocational training provided by
10
means of a course of study for a qualification to which paragraph 1 of Schedule
5 applies.
(3)
The persons falling within this subsection are persons who—
(a)
are aged 19 or over, and are not persons aged under 25 who are subject
to learning difficulty assessment,
15
(b)
do not have the qualification in question or one (including one awarded
by a person outside England) which appears to the Chief Executive to
be at a comparable or higher level, and
(c)
satisfy such conditions as may be specified in regulations.
(4)
Facilities are proper if they are—
20
(a)
of a quantity sufficient to meet the reasonable needs of individuals, and
(b)
of a quality adequate to meet those needs.
(5)
In discharging the duty under subsection (1) the Chief Executive must—
(a)
take account of the places where facilities are provided, the character of
facilities and the way they are equipped;
25
(b)
take account of the different abilities and aptitudes of different persons;
(c)
take account of the education and training required in different sectors
of employment for employees and potential employees;
(d)
act with a view to encouraging diversity of education and training
available to individuals;
30
(e)
act with a view to increasing opportunities for individuals to exercise
choice;
(f)
make the best use of the Chief Executive’s resources and in particular
avoid provision which might give rise to disproportionate expenditure.
(6)
Provision is not to be considered as giving rise to disproportionate expenditure
35
only because that provision is more expensive than comparable provision.
(7)
For the purposes of this section—
“education” includes full-time and part-time education;
“training” includes full-time and part-time training.
94
Learning aims for persons aged 19 or over: payment of tuition fees
40
(1)
Functions under this Part must be exercised by the Chief Executive so as to
secure that a course of study for a qualification to which paragraph 1 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 93.
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Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
57

(2)
A person falls within this subsection if, at the time of starting the course in
question, the person—
(a)
is aged 19 or over,
(b)
does not have the qualification in question or one (including one
awarded by a person outside England) which appears to the Chief
5
Executive to be at a comparable or higher level, and
(c)
satisfies such conditions as may be specified in regulations.
(3)
Functions under this Part must be exercised by the Chief Executive 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
10
provided for the person by virtue of facilities whose provision is secured under
section 92.
(4)
A person falls within this subsection if, at the time of starting the course in
question, the person—
(a)
is aged at least 19 but less than 25,
15
(b)
does not have the qualification in question or one (including one
awarded by a person outside England) which appears to the Chief
Executive to be at a comparable or higher level, and
(c)
satisfies such conditions as may be specified in regulations.
(5)
The Secretary of State may by order—
20
(a)
amend subsection (2)(a) by substituting a different age for the age for
the time being referred to;
(b)
amend subsection (4)(a) by substituting a different age for either of the
ages for the time being referred to.
(6)
For the purposes of this section, a course is free to a person if no tuition fees in
25
respect of the provision of the course for the person are payable by a person
other than—
(a)
the Chief Executive, or
(b)
a body specified by order by the Secretary of State for the purposes of
this section.
30
(7)
In subsection (6) “tuition fees”, in relation to a course, means—
(a)
the fees charged in respect of the course by the person providing it, and
(b)
such fees in respect of other matters relating to the course (such as
undergoing a preliminary assessment or sitting an examination) as may
be specified in regulations.
35
95
Sections 93 and 94: supplementary
(1)
Regulations may make provision as to circumstances in which—
(a)
despite having a specified qualification, a person is to be treated for the
purposes of section 93 or 94 as not having that qualification;
(b)
despite not having a specified qualification, a person is to be treated for
40
any of those purposes as having that qualification.
(2)
A condition specified in regulations under section 93 or 94 may, in particular,
relate to—
(a)
the possession, or lack, of a specified qualification;
(b)
the completion of, or failure to complete, a course for a specified
45
qualification.

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 2 — Other functions
58

(3)
A reference in subsection (1) or (2) to a specified qualification is to a
qualification specified, or of a description specified, in the regulations.
(4)
Regulations under this section, or under section 93 or 94, 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
5
the regulations.
(5)
Nothing in section 93 or 94 applies to the provision of facilities, or to courses of
study, for persons subject to adult detention.
(6)
Part 2 of Schedule 5 makes further provision for the purposes of sections 93
and 94.
10
96
Encouragement of education and training for persons aged 19 or over and
others subject to adult detention
(1)
The Chief Executive must—
(a)
encourage participation by persons within section 92(1)(a) in education
and training within the Chief Executive’s remit;
15
(b)
encourage employers to participate in the provision of education and
training within the Chief Executive’s remit for persons within section
92(1)(a)(i);
(c)
encourage employers to contribute to the costs of education and
training within the Chief Executive’s remit for such persons.
20
(2)
For the purposes of subsection (1)(b), participating in the provision of training
includes participating by entering into—
(a)
an apprenticeship agreement, or
(b)
any other contract of employment in connection with which training is
provided.
25
Chapter 2
Other functions
Funding
97
Provision of financial resources
(1)
The Chief Executive may secure the provision of financial resources to—
30
(a)
persons providing or proposing to provide education or training
within the Chief Executive’s remit;
(b)
persons providing or proposing to provide goods or services in
connection with the provision by others of such education or training;
(c)
persons receiving or proposing to receive such education or training;
35
(d)
persons aged 18 receiving or proposing to receive education or
training;
(e)
persons making loans to others receiving or proposing to receive
education or training;
(f)
persons providing or proposing to provide courses falling within
40
paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1988

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 2 — Other functions
59

(c. 40) (courses in preparation for professional examinations at a higher
level or providing education at a higher level);
(g)
persons undertaking or proposing to undertake research relating to
education or training;
(h)
persons carrying out means tests under arrangements made under
5
section 100;
(i)
persons providing or proposing to provide services relating to finding
apprenticeship places under section 101;
(j)
persons providing or proposing to provide information, advice or
guidance about education or training or connected matters (including
10
employment).
(2)
The Chief Executive may secure the provision of financial resources under
subsection (1)—
(a)
by providing the resources;
(b)
by making arrangements for the provision of resources by another
15
person;
(c)
by making arrangements for the provision of resources by persons
jointly (whether or not including the Chief Executive).
(3)
The Chief Executive may under subsection (1)(c) secure the provision of
financial resources by reference to—
20
(a)
any fees or charges payable by the person receiving or proposing to
receive the education or training, or
(b)
any other matter (such as transport or childcare).
98
Financial resources: conditions
(1)
Financial resources provided by the Chief Executive may be provided subject
25
to conditions.
(2)
The conditions may include—
(a)
information conditions;
(b)
operational conditions;
(c)
repayment conditions.
30
(3)
Information conditions are conditions which—
(a)
require the Chief Executive, or a person designated by the Chief
Executive, 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
35
(b)
require a person to whom financial resources are provided to give to
the Chief Executive such information as the Chief Executive may
request for the purpose of carrying out the functions of the office.
(4)
Operational conditions are conditions which require a person providing or
proposing to provide education or training (“the provider”) to make
40
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;
(b)
the making of awards by the provider by reference to specified criteria;
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Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 2 — Other functions
60

(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);
(e)
the operation of specified exemptions where provision is made under
5
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—
(a)
enable the Chief Executive to require the repayment (in whole or part)
10
of sums paid by the Chief Executive 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 Chief Executive in accordance with any condition is unpaid.
99
Performance assessments
15
(1)
The Chief Executive may adopt or develop schemes for the assessment of the
performance of persons in providing education or training within the Chief
Executive’s remit.
(2)
The Chief Executive may take the assessments into account in deciding how to
exercise the powers under section 97.
20
100
Means tests
(1)
The Chief Executive may—
(a)
carry out means tests;
(b)
arrange for other persons to carry out means tests.
(2)
The Chief Executive may take the results of the tests into account in exercising
25
the power under section 97(1)(c), (d) or (e).
101
Assistance and support in relation to apprenticeship places
(1)
The Chief Executive—
(a)
must provide or secure the provision of such services as the Chief
Executive considers appropriate for assisting persons to find
30
apprenticeship places, and
(b)
may provide or secure the provision of other services for encouraging,
enabling or assisting the effective participation of persons in
employment and training provided for by apprenticeship places.
(2)
The services provided by virtue of subsection (1)(a) may, in particular, be or
35
include—
(a)
services provided by means of the publication, whether electronically
or otherwise, of information, advice and guidance;
(b)
facilities for enabling employers to advertise apprenticeship places.
(3)
In this section, “apprenticeship place” has the meaning given by section 85.
40