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
38

(a)
section 128 of the School Standards and Framework Act 1998 (c. 31),
and
(b)
paragraph 64 of Schedule 30 to that Act.
(2)
Accordingly, sections 16 and 18 of the Education Act 1996 (c. 56) (powers of
LEAs to assist, and arrange provision of education at, non-maintained schools)
5
continue to have effect as if the provisions mentioned in subsection (1) had
never been enacted.
General
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Minor and consequential amendments
Schedule 2 contains minor and consequential amendments relating to the
10
provision made by this Part.
Part 3
The Young People’s Learning Agency for England
Chapter 1
Establishment
15
58
The Young People’s Learning Agency for England
(1)
There is to be a body corporate known as the Young People’s Learning Agency
for England.
(2)
In this Part that body is referred to as “the YPLA”.
(3)
Except as provided for in sections 66 to 68, the YPLA is to perform its functions
20
in relation to England only.
(4)
Schedule 3 makes further provision about the YPLA.
Chapter 2
Main functions
Funding
25
59
Provision of financial resources
(1)
The YPLA must secure the provision of financial resources to—
(a)
persons providing or proposing to provide suitable education or
training to persons—
(i)
who are over compulsory school age but under 19, or
30
(ii)
who are aged 19 or over but under 25 and are subject to learning
difficulty assessment;
(b)
persons providing or proposing to provide suitable education to
children subject to youth detention;

Apprenticeships, Skills, Children and Learning Bill
Part 3 — The Young People’s Learning Agency for England
Chapter 2 — Main functions
39

(c)
local education authorities, for the purposes of their functions in
relation to education or training within paragraph (a) or (b).
(2)
The YPLA must also secure the provision of financial resources in accordance
with any directions given to it by the Secretary of State.
(3)
The YPLA may secure the provision of financial resources to—
5
(a)
persons providing or proposing to provide education or training to
persons who are of or under compulsory school age;
(b)
persons providing or proposing to provide education or training to
persons aged 19 or over, in respect of education or training begun by
them before reaching the age of 19;
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(c)
local education authorities, for the purposes of their functions in
relation to education or training in respect of which the YPLA has
power to secure the provision of financial resources under paragraph
(a) or (b).
(4)
The YPLA may also secure the provision of financial resources—
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(a)
to or in respect of persons (of any age) for purposes related to enabling,
facilitating or encouraging their participation in education or training;
(b)
to persons providing or proposing to provide goods or services in
connection with the provision by others of education or training within
subsection (1)(a) or (b) or (3)(a) or (b);
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(c)
to persons undertaking or proposing to undertake research relating to
education or training;
(d)
to persons providing or proposing to provide work experience for
persons receiving education;
(e)
to persons carrying out means tests under arrangements made under
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section 62;
(f)
to persons providing or proposing to provide information, advice or
guidance about education or training or connected matters (including
employment).
(5)
In performing its functions under this section the YPLA must make the best use
30
of its resources and in particular avoid provision that might give rise to
disproportionate expenditure.
(6)
Provision is not to be considered as giving rise to disproportionate expenditure
only because it is more expensive than comparable provision.
(7)
The YPLA may secure the provision of financial resources under this section—
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(a)
by providing the resources;
(b)
by making arrangements for the provision of resources by another
person;
(c)
by making arrangements for the provision of resources by persons
jointly (whether or not including the YPLA).
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(8)
The YPLA may under subsection (4)(a) secure the provision of financial
resources by reference to—
(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).
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(9)
The reference in subsection (1)(a) to persons—
(a)
who are over compulsory school age but under 19, or

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

(b)
who are aged 19 or over but under 25 and are subject to learning
difficulty assessment,

does not include persons who are subject to adult detention within the
meaning given in section 119(4).
(10)
Directions given under subsection (2) may not concern the provision of
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financial resources to or in respect of a particular person or persons.
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Financial resources: conditions
(1)
Financial resources provided by the YPLA may be provided subject to
conditions.
(2)
The conditions may include—
10
(a)
information conditions;
(b)
operational conditions;
(c)
repayment conditions.
(3)
Information conditions are conditions which—
(a)
require the YPLA, or a person designated by the YPLA, to be given
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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
(b)
require a person to whom financial resources are provided to give to
the YPLA such information as the YPLA may request for the purpose
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of carrying out its functions.
(4)
Operational conditions are conditions which require a person providing or
proposing to provide education or training (“the provider”) to make
arrangements providing for all or any of the matters mentioned in subsection
(5).
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(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;
(c)
the recovery by the provider of amounts from persons receiving
education or training or from employers (or from both);
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(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
paragraph (c);
(f)
the making by the provider of provision specified in a report of an
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assessment under section 139A or 140 of the Learning and Skills Act
2000 (c. 21) (assessments relating to learning difficulties).
(6)
Repayment conditions are conditions which—
(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
40
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.

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

61
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 59.
(2)
The YPLA may take the assessments into account in deciding how to exercise
5
its functions under section 59.
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Means tests
(1)
The YPLA may—
(a)
carry out means tests;
(b)
arrange for other persons to carry out means tests.
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(2)
The YPLA may take the results of the tests into account in exercising its
functions under section 59(4)(a).
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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
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education or training funded by it.
(2)
The YPLA’s funding functions are its functions under sections 59 and 60.
(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
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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 59 to
a person providing it.
(5)
Regulations may specify charges or descriptions of charges which are, or are
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not, to be treated as made in relation to the provision of education or training
for the purposes of this section.
Securing provision of education and training
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Securing provision of education and training
(1)
The YPLA may secure the provision of suitable education or training for
30
persons—
(a)
who are over compulsory school age but under 19, or
(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
35
within the meaning given in section 119(4).
(3)
The YPLA may secure the provision of suitable education for children subject
to youth detention.