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 1 — Establishment and main duties
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Part 4
The Chief Executive of Skills Funding
Chapter 1
Establishment and main duties
The Chief Executive
5
79
The Chief Executive of Skills Funding
(1)
There is to be a Chief Executive of Skills Funding.
(2)
In this Part that person is referred to as “the Chief Executive”.
(3)
The Chief Executive is to be appointed by the Secretary of State.
(4)
Except as provided for in section 104, 105 or 106, the Chief Executive is to
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perform the functions of the office in relation to England only.
(5)
Schedule 4 makes further provision about the Chief Executive.
Apprenticeship functions
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Apprenticeship functions
(1)
The Secretary of State may direct the Chief Executive to arrange for
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apprenticeship functions specified in the direction to be carried out on behalf
of the Chief Executive by a person designated by the Chief Executive.
(2)
The Secretary of State may give directions to the Chief Executive—
(a)
as to the performance of apprenticeship functions;
(b)
as to the description or identity of the person to be designated under
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subsection (1);
(c)
as to the terms of arrangements under that subsection;
(d)
requiring the Chief Executive to secure that the person designated
under subsection (1) reports to the Secretary of State, in such form and
at such times as may be specified in the direction, on the performance
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of apprenticeship functions which are the subject of arrangements
under subsection (1).
(3)
A designation of a person under subsection (1) may be made only with the
person’s consent.
(4)
Arrangements made by virtue of subsection (1) may be made on terms that
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permit sub-delegation; and the power conferred by subsection (2)(c) includes
power to give directions as to—
(a)
the arrangements for any such sub-delegation;
(b)
functions which may be sub-delegated;
(c)
the description or identity of persons to whom functions may be sub-
35
delegated.
(5)
In this section, “apprenticeship functions” means functions of the office which
relate to—

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
50

(a)
apprenticeship certificates;
(b)
recognised English frameworks and the specification of apprenticeship
standards for England;
(c)
apprenticeship training;
(d)
apprenticeship places (within the meaning of section 91), including
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functions under section 102 relating to apprenticeship places;
(e)
the provision of advice and assistance to the Secretary of State under
section 103.
(6)
Terms used in subsection (5)(a) and (b) have the same meanings as in Chapter
1 of Part 1.
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(7)
Regulations may provide—
(a)
for any provision relating to a function of the office made by or under
any Act—
(i)
not to apply, or
(ii)
to apply subject to prescribed modifications,
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in relation to the function where the function is the subject of
arrangements under subsection (1);
(b)
for references to the Chief Executive in any such provisions to be
construed in prescribed circumstances as, or as including, references—
(i)
to a person designated under subsection (1), or
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(ii)
to a person to whom functions are sub-delegated under
subsection (4),

subject to such exceptions or modifications as may be prescribed.
Apprenticeship training for persons aged 16 to 18 and certain young adults
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Apprenticeship training for persons aged 16 to 18 and certain young adults
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(1)
The Chief Executive may secure the provision of facilities for suitable
apprenticeship training for 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.
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(2)
In deciding for the purposes of subsection (1) whether apprenticeship training
is suitable for persons for whom facilities are provided, the Chief Executive
must have regard (in particular) to—
(a)
the persons’ ages, abilities and aptitudes,
(b)
any learning difficulties the persons may have,
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(c)
the quality of the training,
(d)
the locations and times at which the training is provided.
(3)
In exercising the power conferred by subsection (1), the Chief Executive must
have regard (in particular) to the desirability of—
(a)
encouraging diversity of apprenticeship training available to persons;
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(b)
increasing opportunities for persons to exercise choice;
(c)
enabling persons to whom Part 1 of the Education and Skills Act 2008
(c. 25) applies to fulfil the duty imposed by section 2 of that Act (duty
to participate in education or training).

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
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(4)
Subsections (7) and (8) of section 15ZA of the Education Act 1996 (c. 56)
(meaning of learning difficulty) apply for the purposes of this section as they
apply for the purposes of that section.
(5)
In this Part “apprenticeship training” means training provided in connection
with—
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(a)
an apprenticeship agreement,
(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).
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Arrangements and co-operation with local education authorities
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(1)
The Chief Executive may enter into arrangements with local education
authorities in England under which the Chief Executive is to secure the
provision of apprenticeship training by virtue of section 81.
(2)
The Chief Executive must co-operate with a local education authority in
England where the authority is—
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(a)
making any determination as to the provision of apprenticeship
training that should be secured under section 15ZA(1) of the Education
Act 1996 (duty in respect of education and training for persons over
compulsory school age: England), or
(b)
securing the provision of any apprenticeship training under that
20
section.
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Encouragement of training provision etc for persons within section 81
(1)
The Chief Executive must—
(a)
encourage employers to participate in the provision of training within
the Chief Executive’s remit for persons who are within section 81(1)(a)
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or (b);
(b)
encourage employers to contribute to the costs of training within the
Chief Executive’s remit for such persons.
(2)
For the purposes of subsection (1)(a), participating in the provision of training
includes participating by entering into—
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(a)
an apprenticeship agreement, or
(b)
any other contract of employment in connection with which training is
provided.
Education and training for persons aged 19 or over etc.
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Education and training for persons aged 19 or over and others subject to adult
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detention
(1)
The Chief Executive must secure the provision of reasonable facilities for—
(a)
education suitable to the requirements of—
(i)
persons who are aged 19 or over, other than persons aged under
25 who are subject to learning difficulty assessment, and
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(ii)
persons who are subject to adult detention, and
(b)
training suitable to the requirements of such persons.

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
52

(2)
This section does not apply to the provision of facilities to the extent that
section 85 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.
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(4)
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;
(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
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employment for employees and potential employees;
(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;
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(f)
act with a view to increasing opportunities for individuals to exercise
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;
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(h)
have regard to the desirability of the core entitlement and the
additional entitlement being satisfied for persons subject to adult
detention but aged under 19 who have elected for them;
(i)
make the best use of resources and in particular avoid provision that
might give rise to disproportionate expenditure.
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(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
to adult detention) includes a reference to the provision of facilities for
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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;
“training” includes—
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(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
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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.
(9)
Sections 17B to 17D of the Education Act 1996 (c. 56) (core and additional
entitlements: interpretation) apply for the purpose of subsection (4)(h) as they
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apply for the purpose of section 17A of that Act (duties of local education
authorities in relation to the core and additional entitlements).