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| |
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65 | Intervention for purpose of securing provision of education and training |
| |
(1) | This section applies if the YPLA is satisfied that a local education authority is |
| |
failing, or is likely to fail, to perform— |
| |
(a) | its duty under section 15ZA(1) of the Education Act 1996 (c. 56) (duty |
| |
to secure provision of enough suitable education and training for |
| 5 |
persons over compulsory school age), or |
| |
(b) | its duty under section 18A(1) of that Act (duty to secure provision of |
| |
enough suitable education and training for persons subject to youth |
| |
| |
(2) | The YPLA may give directions to the authority for the purpose of securing the |
| 10 |
provision of education and training to which the duty in question relates. |
| |
(3) | A direction given under this section may include provision requiring an |
| |
authority to permit action of a specified description in relation to any such |
| |
education or training to be taken by the YPLA or another person. |
| |
(4) | The YPLA must consult the Secretary of State before exercising the power |
| 15 |
conferred by this section. |
| |
(5) | A direction given under this section may be enforced by a mandatory order, on |
| |
an application made by the YPLA. |
| |
Provision of services and assistance |
| |
| 20 |
(1) | The YPLA may make arrangements with a permitted recipient for the |
| |
provision by the YPLA of services that are required by the permitted recipient |
| |
in connection with the exercise of the recipient’s functions relating to education |
| |
| |
(2) | The services that may be provided under arrangements made under |
| 25 |
| |
(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 |
| |
| 30 |
(3) | The terms and conditions upon which the arrangements are made may include |
| |
provision for making payments to the YPLA in respect of expenditure incurred |
| |
by the YPLA in performing any function under the arrangements. |
| |
(4) | In this section “permitted recipient” means— |
| |
(a) | the Secretary of State; |
| 35 |
| |
(c) | the Scottish Ministers; |
| |
(d) | a Northern Ireland department; |
| |
(e) | the Chief Executive of Skills Funding; |
| |
(f) | any other person, wholly or partly funded from public funds, who has |
| 40 |
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. |
| |
|
| |
|
| |
|
(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 |
| |
YPLA must obtain the consent of the Secretary of State. |
| 5 |
(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 |
| |
| 10 |
(a) | in relation to education or training provided in Wales, the consent of |
| |
| |
(b) | in relation to education or training provided in Scotland, the consent of |
| |
| |
(c) | in relation to education or training provided in Northern Ireland, the |
| 15 |
consent of the Minister for Employment and Learning in Northern |
| |
| |
(7) | Consent may be given under subsection (5) or (6) in relation to particular |
| |
arrangements or arrangements of a particular description. |
| |
(8) | “The appropriate national authority” means— |
| 20 |
(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; |
| |
(c) | in relation to a person exercising functions relating only to education or |
| 25 |
training provided in Northern Ireland, the Department for |
| |
Employment and Learning in Northern Ireland; |
| |
(d) | in any other case, the Secretary of State. |
| |
67 | Assistance with respect to employment and training |
| |
(1) | The YPLA may take part in arrangements made by the Secretary of State, the |
| 30 |
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 |
| |
YPLA is to take part, the Secretary of State must obtain the consent of the Welsh |
| 35 |
Ministers or (as the case may be) the Scottish Ministers to the arrangements. |
| |
(3) | Before making such arrangements in which the YPLA is to take part, the Welsh |
| |
Ministers or the Scottish Ministers must obtain the consent of the Secretary of |
| |
State to the arrangements. |
| |
68 | Assistance with respect to employment and training: Northern Ireland |
| 40 |
(1) | The YPLA 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 (arrangements for |
| |
assisting persons to select, train for, obtain and retain employment). |
| |
|
| |
|
| |
|
(2) | Before making such arrangements in which the YPLA is to take part, the |
| |
Department must obtain the consent of the Secretary of State to the |
| |
| |
| |
69 | Research, information and advice |
| 5 |
(1) | The YPLA may carry out programmes of research and development connected |
| |
with any matter relevant to any of its functions. |
| |
(2) | If requested to do so by the Secretary of State, the YPLA must provide the |
| |
Secretary of State with information or advice on such matters relating to any of |
| |
its functions as may be specified in the request. |
| 10 |
(3) | The YPLA may provide the Secretary of State with other information or advice |
| |
on any matter in relation to which the YPLA has a function. |
| |
(4) | The YPLA may provide any person designated by the Secretary of State with |
| |
information about any matter in relation to which the YPLA has a function. |
| |
(5) | The YPLA must establish systems for collecting information which is designed |
| 15 |
to secure that decisions of the YPLA with regard to education and training are |
| |
| |
(6) | The YPLA may secure the provision of facilities and services for providing |
| |
information, advice or guidance about education or training or connected |
| |
matters (including employment). |
| 20 |
| |
(1) | The YPLA must issue guidance to local education authorities about the |
| |
performance of their duties under sections 15ZA(1) and 18A(1) of the |
| |
Education Act 1996 (c. 56). |
| |
(2) | Local education authorities must have regard to any such guidance in |
| 25 |
| |
(3) | The YPLA may also issue guidance about any other matter in respect of which |
| |
| |
71 | Intervention powers: policy statement |
| |
| 30 |
(a) | prepare a statement of its policy with respect to the exercise of its |
| |
| |
(b) | keep the statement under review, and |
| |
(c) | revise the statement, if it thinks if appropriate in consequence of the |
| |
| 35 |
(2) | When preparing a statement or revised statement of its policy, the YPLA |
| |
| |
(a) | undertake such consultation as it thinks appropriate, and |
| |
(b) | consider any representations made to it about the policy to be set out in |
| |
| 40 |
|
| |
|
| |
|
(3) | The YPLA must send a copy of the statement or the revised statement to the |
| |
Secretary of State for approval. |
| |
(4) | The YPLA must publish the statement, or revised statement, as soon as |
| |
practicable after it has been approved by the Secretary of State. |
| |
(5) | The YPLA must have regard to the statement, or revised statement, most |
| 5 |
recently published under subsection (4) in exercising, or deciding whether to |
| |
exercise, any of its intervention powers. |
| |
(6) | The YPLA’s intervention powers are its powers under— |
| |
| |
(b) | section 56H of the Further and Higher Education Act 1992 (c. 13); |
| 10 |
(c) | section 56I of that Act. |
| |
72 | Power of Secretary of State to confer supplementary functions on YPLA |
| |
(1) | The Secretary of State may by order confer supplementary functions on the |
| |
| |
(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 education or training within the YPLA’s |
| |
| |
| |
YPLA’s functions: supplementary |
| 20 |
73 | Directions by Secretary of State |
| |
(1) | The Secretary of State may give directions to the YPLA containing— |
| |
(a) | objectives which the YPLA should achieve in carrying out its functions, |
| |
(b) | time limits within which the YPLA should achieve the objectives, and |
| |
(c) | provision relating to the management of the YPLA. |
| 25 |
(2) | The Secretary of State may give to the YPLA other directions as to the |
| |
performance of any of its functions if the Secretary of State is satisfied that the |
| |
| |
(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 |
| 30 |
performance of any function conferred by or under any Act. |
| |
(3) | The Secretary of State may give directions under subsection (2) despite any |
| |
provision made by or under any Act making the performance of a function |
| |
dependent on the YPLA’s opinion. |
| |
(4) | Directions given under this section with respect to functions conferred on the |
| 35 |
YPLA by or under section 59 may not concern the provision of financial |
| |
resources to or in respect of a particular person or persons. |
| |
74 | Guidance by Secretary of State |
| |
(1) | The YPLA must, in performing its functions, have regard to any guidance |
| |
given by the Secretary of State. |
| 40 |
|
| |
|
| |
|
(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 |
| |
specified in the guidance. |
| 5 |
| |
(a) | persons receiving or proposing to receive education or training within |
| |
| |
| |
(c) | such other persons or descriptions of persons as may be specified in the |
| 10 |
| |
(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. |
| |
| 15 |
| |
| |
(1) | The Secretary of State may require the YPLA to enter into Academy |
| |
arrangements with the Secretary of State. |
| |
(2) | For the purposes of this section and sections 76 and 77 “Academy |
| 20 |
arrangements” are arrangements under which the YPLA is required to exercise |
| |
specified Academy functions on the Secretary of State’s behalf in accordance |
| |
| |
(3) | An “Academy function” is a function of the Secretary of State relating to or |
| |
exercisable in connection with— |
| 25 |
(a) | Academies, city technology colleges or city colleges for the technology |
| |
| |
(b) | a particular, or particular description of, Academy, city technology |
| |
college or city college for the technology of the arts. |
| |
(4) | Academy functions include in particular functions of the Secretary of State |
| 30 |
| |
(a) | section 482 of the Education Act 1996 (c. 56) (Academies) or an |
| |
agreement entered into under that section; |
| |
(b) | Schedule 35A to that Act (Academies: land). |
| |
(5) | References in a provision made by or under any Act to the functions of the |
| 35 |
YPLA do not include any functions conferred or imposed on the YPLA under |
| |
| |
76 | Grants for purposes of Academy arrangements functions |
| |
(1) | The Secretary of State may make grants to the YPLA for the purposes of any |
| |
functions that are or may be conferred or imposed on the YPLA under |
| 40 |
| |
|
| |
|
| |
|
(2) | Grants to the YPLA under this section are to be made at such times and subject |
| |
to such conditions (if any) as the Secretary of State thinks appropriate. |
| |
(3) | Conditions to which a grant is subject may (in particular)— |
| |
(a) | require the YPLA to use the grant for specified purposes; |
| |
(b) | require the YPLA to comply with specified requirements in respect of |
| 5 |
persons or persons of a specified description; |
| |
(c) | enable repayment (in whole or part) to be required of sums paid by the |
| |
Secretary of State if any condition subject to which the grant was made |
| |
| |
(d) | require the payment of interest in respect of any period during which a |
| 10 |
sum due to the Secretary of State in accordance with any condition |
| |
| |
(4) | Requirements which may be imposed under subsection (3)(b) include in |
| |
particular requirements that, if the YPLA provides specified financial |
| |
resources, it is to impose specified conditions. |
| 15 |
77 | Academy arrangements: information sharing |
| |
(1) | This section applies if the Secretary of State and the YPLA enter into Academy |
| |
| |
(2) | A person within subsection (3) may provide information to any other person |
| |
within that subsection for the purpose of enabling or facilitating the exercise of |
| 20 |
| |
| |
(a) | the Secretary of State; |
| |
| |
| 25 |
(d) | any other person by or in respect of whom a relevant function is |
| |
| |
(4) | A “relevant function” is— |
| |
(a) | a function conferred or imposed on the YPLA under the arrangements; |
| |
(b) | a function of the Secretary of State, a relevant Academy, or any other |
| 30 |
person, which is exercisable in connection with a function conferred or |
| |
imposed on the YPLA under the arrangements. |
| |
(5) | A “relevant Academy” is an Academy, city technology college or city college |
| |
for the technology of the arts in relation to which a function is exercisable by |
| |
the YPLA under the arrangements. |
| 35 |
(6) | Nothing in this section— |
| |
(a) | affects a power to disclose information that exists apart from this |
| |
| |
(b) | authorises the disclosure of any information in contravention of a |
| |
provision made by or under any Act which prevents disclosure of the |
| 40 |
| |
|
| |
|
| |
|
| |
| |
78 | Interpretation of Part |
| |
(1) | In this Part a reference to education within the YPLA’s remit is a reference to |
| |
education suitable to the requirements of— |
| 5 |
(a) | persons aged under 19, or |
| |
(b) | persons aged 19 or over but under 25 who are subject to learning |
| |
| |
(2) | In this Part a reference to training within the YPLA’s remit is a reference to |
| |
training suitable to the requirements of— |
| 10 |
(a) | persons aged 14 or over but under 19, or |
| |
(b) | persons aged 19 or over but under 25 who are subject to learning |
| |
| |
(3) | For the purposes of this Part a child is subject to youth detention if— |
| |
(a) | subject to a detention order, and |
| 15 |
(b) | detained in relevant youth accommodation. |
| |
| |
“education” includes full-time and part-time education; |
| |
| |
(a) | full-time and part-time training; |
| 20 |
(b) | vocational, social, physical and recreational training; |
| |
(c) | apprenticeship training. |
| |
(5) | In subsection (4) “apprenticeship training” means training provided in |
| |
| |
(a) | an apprenticeship agreement (within the meaning given in section 30), |
| 25 |
(b) | any other contract of employment, or |
| |
(c) | any other kind of working in relation to which alternative English |
| |
completion conditions apply under section 1(5). |
| |
(6) | The references in subsections (1) and (2) to persons— |
| |
(a) | aged under 19, or 14 or over but under 19, or |
| 30 |
(b) | aged 19 or over but under 25 who are subject to learning difficulty |
| |
| |
| do not include persons who are subject to adult detention within the meaning |
| |
| |
|
| |
|