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 2 — Other functions
61

102
Advice and assistance in relation to apprenticeships
The Chief Executive must, on request, provide the Secretary of State with
advice and assistance in relation to the exercise of the Secretary of State’s
functions under Chapter 1 of Part 1.
Provision of services and assistance
5
103
Provision of services
(1)
The Chief Executive may make arrangements with a permitted recipient for the
provision by the Chief Executive of services that are required by the permitted
recipient in connection with the exercise of the recipient’s functions relating to
education or training.
10
(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
15
permitted recipient.
(3)
The terms and conditions upon which the arrangements are made may include
provision for making payments to the Chief Executive in respect of
expenditure incurred by the Chief Executive in performing any function under
the arrangements.
20
(4)
In this section “permitted recipient” means—
(a)
the Secretary of State;
(b)
the Welsh Ministers;
(c)
the Scottish Ministers;
(d)
a Northern Ireland department;
25
(e)
the Young People’s Learning Agency for England;
(f)
a person, wholly or partly funded from public funds, who has 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.
30
(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
(4) in connection with the exercise of the recipient’s functions relating to
education or training provided in Wales, Scotland or Northern Ireland, the
Chief Executive must obtain the consent of the Secretary of State.
35
(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
(4) in connection with the exercise of the recipient’s functions relating to
education or training provided in Wales, Scotland or Northern Ireland, the
Chief Executive must obtain—
40
(a)
in relation to education or training provided in Wales, the consent of
the Welsh Ministers;
(b)
in relation to education or training provided in Scotland, the consent of
the Scottish Ministers;

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 2 — Other functions
62

(c)
in relation to education or training provided in Northern Ireland, the
consent of the Minister for Employment and Learning in Northern
Ireland.
(7)
Consent may be given under subsection (5) or (6) in relation to particular
arrangements or arrangements of a particular description.
5
(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;
(b)
in relation to a person exercising functions relating only to education or
training provided in Scotland, the Scottish Ministers;
10
(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;
(d)
in any other case, the Secretary of State.
104
Assistance with respect to employment and training
15
(1)
The Chief Executive 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 for, obtain and retain employment).
(2)
Before making such arrangements in relation to Wales or Scotland in which the
20
Chief Executive 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 Chief Executive is to take part,
the Welsh Ministers or the Scottish Ministers must obtain the consent of the
25
Secretary of State to the arrangements.
105
Assistance with respect to employment and training: Northern Ireland
(1)
The Chief Executive 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
30
(arrangements for assisting persons to select, train for, obtain and retain
employment).
(2)
Before making such arrangements in which the Chief Executive is to take part,
the Department must obtain the consent of the Secretary of State to the
arrangements.
35
Miscellaneous
106
Research, information and advice
(1)
The Chief Executive may carry out programmes of research and development
connected with any matter relevant to the functions of the office.
(2)
If requested to do so by the Secretary of State, the Chief Executive must provide
40
the Secretary of State with information or advice on such matters relating to
any of the functions of the office as may be specified in the request.

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 3 — Chief Executive’s functions: supplementary
63

(3)
The Chief Executive may provide the Secretary of State with other information
or advice on any matter in relation to which the Chief Executive has a function.
(4)
The Chief Executive may provide any person designated by the Secretary of
State with information about any matter in relation to which the Chief
Executive has a function.
5
(5)
The Chief Executive must establish systems for collecting information which
are designed to secure that decisions of the Chief Executive with regard to
education and training are made on a sound basis.
(6)
The Chief Executive may secure the provision of facilities and services for
providing information, advice or guidance about education or training or
10
connected matters (including employment).
107
Power to confer supplementary functions on Chief Executive
(1)
The Secretary of State may by order confer supplementary functions on the
Chief Executive.
(2)
A supplementary function is a function which is—
15
(a)
exercisable in connection with functions of the Secretary of State, and
(b)
relevant to the provision of facilities for education or training within
the Chief Executive’s remit.
Chapter 3
Chief Executive’s functions: supplementary
20
Strategies
108
Strategies for functions of Chief Executive
(1)
The Secretary of State may by order specify an area in England as an area for
which a body specified in the order (“a specified body”) may formulate and
keep under review a strategy setting out how such functions of the Chief
25
Executive as are specified in the order are to be carried out in relation to the
area.
(2)
An order under subsection (1) may specify an area comprising the whole of
England.
(3)
An order under subsection (1) may not specify an area in England consisting
30
only of Greater London or a part of Greater London.
(4)
The Secretary of State may give directions and guidance to a specified body in
relation to the formulation and review of its strategy, in particular in relation
to—
(a)
the form and content of the strategy;
35
(b)
the updating of the strategy;
(c)
the steps to be taken when the body is formulating or reviewing the
strategy;
(d)
the matters to which the body is to have regard when formulating or
reviewing the strategy;
40

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 3 — Chief Executive’s functions: supplementary
64

(e)
the consultation to be carried out when the body is formulating or
reviewing the strategy.
(5)
A specified body must—
(a)
comply with any directions given to it under subsection (4), and
(b)
have regard to any guidance given to it under that subsection.
5
(6)
The Chief Executive may pay to a specified body such sums as appear to the
Chief Executive appropriate for enabling the body to meet costs and expenses
incurred, or to be incurred, by it in formulating its strategy or keeping it under
review.
109
Strategy for functions of Chief Executive: Greater London
10
(1)
Regulations must provide for the establishment of a body (“the London body”)
for the purposes of this section.
(2)
The London body must—
(a)
formulate a strategy setting out how specified functions of the Chief
Executive are to be carried out in Greater London, and
15
(b)
keep it under review.
(3)
Specified functions are functions of the Chief Executive specified for the
purposes of this section by order of the Secretary of State.
(4)
The Secretary of State may give directions and guidance to the London body in
relation to the formulation and review of its strategy, in particular in relation
20
to—
(a)
the form and content of the strategy;
(b)
the updating of the strategy;
(c)
the steps to be taken when the body is formulating or reviewing the
strategy;
25
(d)
the matters to which the body is to have regard when formulating or
reviewing the strategy;
(e)
the consultation to be carried out when the body is formulating or
reviewing the strategy.
(5)
The London body must—
30
(a)
comply with any directions given to it under subsection (4), and
(b)
have regard to any guidance given to it under that subsection.
(6)
Where the London body formulates a strategy under this section, or in
consequence of a review of the strategy modifies it, the body must publish the
strategy or modified strategy in such manner as it thinks fit.
35
(7)
Regulations under this section must include—
(a)
provision for the London body to consist of the Mayor of London and
such other persons as are appointed by the Mayor in accordance with
the regulations;
(b)
provision for the Mayor to be the chairman of the body.
40
(8)
The Chief Executive may pay to the London body such sums as appear to the
Chief Executive appropriate for enabling the body to meet costs and expenses
incurred, or to be incurred, by it in formulating its strategy or keeping it under
review.

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 3 — Chief Executive’s functions: supplementary
65

(9)
The Chief Executive may pay to the Greater London Authority such sums as
appear to the Chief Executive appropriate for enabling the Authority to meet
costs and expenses incurred, or to be incurred, by the Mayor in connection with
the exercise of functions conferred on him by regulations under this section or
as chairman of the London body.
5
110
Strategies: duty of Chief Executive
(1)
The Chief Executive must carry out any function to which a strategy under
section 108 or 109 relates in accordance with that strategy.
(2)
Subsection (1) is subject to the following provisions of this section.
(3)
The Chief Executive may not carry out a function in accordance with such a
10
strategy if doing so would entail failing to comply with a duty imposed on the
Chief Executive by any provision made by or under this or any other Act (other
than subsection (1)).
(4)
If provision in a strategy under section 108 conflicts with provision in another
strategy under section 108 or 109, the Chief Executive may disregard such
15
conflicting provision in one of the strategies or in both of them.
(5)
The Chief Executive may disregard a strategy under section 108 or 109 if the
body whose strategy it is, in formulating or reviewing the strategy—
(a)
failed to comply with directions given under section 108(4) or (as the
case may be) section 109(4), or
20
(b)
failed to have regard to guidance given under section 108(4) or (as the
case may be) section 109(4).
(6)
Nothing in subsection (1) requires the Chief Executive to carry out any
functions of the office in a manner that the Chief Executive is satisfied—
(a)
would be unreasonable, or
25
(b)
might give rise to disproportionate expenditure.
(7)
If the Chief Executive proposes not to carry out, or does not carry out, a
function to which a strategy under section 108 or 109 relates in accordance with
the strategy—
(a)
the Chief Executive must refer the matter to the Secretary of State;
30
(b)
the body whose strategy it is may refer the matter to the Secretary of
State.
(8)
On a reference under subsection (7) the Secretary of State may give such
direction to the Chief Executive as the Secretary of State thinks fit as to the
carrying out of the function.
35
Other
111
Persons aged 19 or over with learning difficulties
(1)
The Chief Executive must, in performing the functions of the office, have
regard to the needs of persons with learning difficulties to whom this section
applies.
40
(2)
This section applies to persons who are aged 19 or over, other than persons
aged under 25 who are subject to learning difficulty assessment.

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 3 — Chief Executive’s functions: supplementary
66

(3)
For the purposes of this section, a person has a learning difficulty if—
(a)
the person has a significantly greater difficulty in learning than the
majority of persons of the same age, or
(b)
the person has a disability which either prevents or hinders the person
from making use of facilities of a kind generally provided by
5
institutions providing education or training falling within section
92(1)(a) or (b).
(4)
But a person is not to be taken to have a learning difficulty solely because the
language (or form of language) in which the person is or will be taught is
different from a language (or form of language) which has at any time been
10
spoken in the person’s home.
112
Persons subject to adult detention
The Chief Executive must, in performing the functions of the office, have
regard to the needs of persons subject to adult detention.
113
Use of information by Chief Executive
15
The Chief Executive must, in performing the functions of the office, have
regard to information supplied to the Chief Executive by any person
designated for the purposes of this section by the Secretary of State.
114
Guidance
(1)
The Chief Executive must, in performing the functions of the office, have
20
regard to any guidance 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
25
specified in the guidance.
(3)
The persons are—
(a)
persons receiving or proposing to receive education or training within
the Chief Executive’s remit,
(b)
employers, or
30
(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.
35
115
Directions: funding of qualifications
(1)
The Secretary of State may direct the Chief Executive that financial resources
provided by the Chief Executive to a relevant institution or employer must be
provided subject to a condition that the institution or employer does not make
an excluded payment which can reasonably be said to consist of or come from
40
financial resources received from the Chief Executive.

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 3 — Chief Executive’s functions: supplementary
67

(2)
A direction under subsection (1) relating to a qualification may be made after
any course of training or education leading to the qualification has begun.
(3)
In this section—
“an excluded payment” is a payment which —
(a)
is in respect of a qualification to which Part 7 applies (see section
5
127) that is specified or of a description specified in the
direction, and
(b)
is made to the person who awards that qualification;
“relevant institution or employer” means an institution or employer who
provides or is proposing to provide a course of training or education for
10
persons who are aged 19 or over which leads to a qualification to which
Part 7 applies.
116
Directions: funding conditions requiring co-operation
(1)
The Secretary of State may direct the Chief Executive that financial resources
provided by the Chief Executive to a provider specified, or of a description
15
specified, in the direction, must be provided subject to a condition that in
circumstances, and for purposes, so specified the provider—
(a)
co-operates—
(i)
with any other specified provider or providers, or with any
other provider or providers of a specified description, or
20
(ii)
with any other specified person, and
(b)
in fulfilling, or otherwise acting in connection with, any condition
imposed by virtue of this section, has regard to any guidance issued by
the Secretary of State under this paragraph.
(2)
In subsection (1), “provider” means a person providing or proposing to
25
provide education or training within the Chief Executive’s remit.
(3)
The persons who may be specified in a direction under subsection (1)(a)
include, in particular—
(a)
a specified body (within the meaning of section 108) or the London
body (within the meaning of section 109);
30
(b)
a local education authority in England;
(c)
the Young People’s Learning Agency for England.
117
Other directions relating to functions of the office
(1)
The Secretary of State may give directions to the Chief Executive containing—
(a)
objectives which the Chief Executive should achieve in carrying out the
35
functions of the office, and
(b)
time limits within which the Chief Executive should achieve the
objectives.
(2)
The Secretary of State may give to the Chief Executive other directions as to the
performance of any of the functions of the office if the Secretary of State is
40
satisfied that the Chief Executive—
(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
performance of any function conferred by or under any Act.