|
| |
|
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 |
| |
| |
(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). |
| 15 |
| |
(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. |
| 20 |
(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 |
| |
| |
| are to be read in accordance with section 10(5). |
| 40 |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
(g) | have regard to the desirability of enabling persons subject to adult |
| |
detention to continue programmes of education or training which they |
| |
| |
(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 |
| |
| |
(7) | For the purposes of this section— |
| |
“education” includes full-time and part-time education; |
| 40 |
| |
(a) | full-time and part-time training; |
| |
(b) | vocational, social, physical and recreational training; |
| |
(c) | apprenticeship training. |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 45 |
|
| |
|
| |
|
(2) | A person falls within this subsection if, at the time of starting the course in |
| |
| |
| |
(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 |
| |
| |
(4) | A person falls within this subsection if, at the time of starting the course in |
| |
| |
(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 |
| |
| |
(a) | the Chief Executive, or |
| |
(b) | a body specified by order by the Secretary of State for the purposes of |
| |
| 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, |
| |
| |
(a) | the possession, or lack, of a specified qualification; |
| |
(b) | the completion of, or failure to complete, a course for a specified |
| 45 |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| 25 |
| |
| |
| |
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 |
| |
| |
(e) | persons making loans to others receiving or proposing to receive |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(h) | persons carrying out means tests under arrangements made under |
| 5 |
| |
(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 |
| |
(2) | The Chief Executive may secure the provision of financial resources under |
| |
| |
(a) | by providing the resources; |
| |
(b) | by making arrangements for the provision of resources by another |
| 15 |
| |
(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 |
| |
(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) | 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; |
| 45 |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
(2) | The Chief Executive may take the assessments into account in deciding how to |
| |
exercise the powers under section 97. |
| 20 |
| |
(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 |
| |
| |
(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 |
| |
(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 |
|
| |
|