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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).

15

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.

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

relates,

   

are to be read in accordance with section 10(5).

40

 
 

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.

45

 
 

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;

45

 
 

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

 
 

 
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