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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 2 — Other functions

60

 

Chapter 2

Other functions

Funding

98      

Provision of financial resources

(1)   

The Chief Executive may secure the provision of financial resources to—

5

(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;

10

(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

15

paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1988

(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;

20

(h)   

persons carrying out means tests under arrangements made under

section 101;

(i)   

persons providing or proposing to provide services relating to finding

apprenticeship places under section 102;

(j)   

persons providing or proposing to provide information, advice or

25

guidance about education or training or connected matters (including

employment).

(2)   

The Chief Executive may secure the provision of financial resources under

subsection (1)—

(a)   

by providing the resources;

30

(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 Chief Executive).

(3)   

The Chief Executive may under subsection (1)(c) secure the provision of

35

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).

99      

Financial resources: conditions

40

(1)   

Financial resources provided by the Chief Executive may be provided subject

to conditions.

(2)   

The conditions may include—

(a)   

information conditions;

 
 

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

61

 

(b)   

operational conditions;

(c)   

repayment conditions.

(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

5

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 Chief Executive such information as the Chief Executive may

request for the purpose of carrying out the functions of the office.

10

(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).

(5)   

The matters are the following—

15

(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);

(d)   

the determination of amounts by reference to specified criteria where

20

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

assessment under section 139A or 140 of the Learning and Skills Act

25

2000 (c. 21) (assessments relating to learning difficulties).

(6)   

Repayment conditions are conditions which—

(a)   

enable the Chief Executive to require the repayment (in whole or part)

of sums paid by the Chief Executive if any of the conditions subject to

which the sums were paid is not complied with;

30

(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.

100     

Performance assessments

(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

35

Executive’s remit.

(2)   

The Chief Executive may take the assessments into account in deciding how to

exercise the powers under section 98.

101     

Means tests

(1)   

The Chief Executive may—

40

(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

the power under section 98(1)(c), (d) or (e).

 
 

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

62

 

102     

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

apprenticeship places, and

5

(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

include—

10

(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 91.

103     

Advice and assistance in relation to apprenticeships

15

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

104     

Provision of services

20

(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.

(2)   

The services that may be provided under arrangements made under

25

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

permitted recipient.

30

(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.

(4)   

In this section “permitted recipient” means—

35

(a)   

the Secretary of State;

(b)   

the Welsh Ministers;

(c)   

the Scottish Ministers;

(d)   

a Northern Ireland department;

(e)   

the Young People’s Learning Agency for England;

40

(f)   

a person, wholly or partly funded from public funds, who has functions

relating to education or training;

 
 

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

63

 

(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

5

education or training provided in Wales, Scotland or Northern Ireland, the

Chief Executive must obtain the consent of the Secretary of State.

(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

10

education or training provided in Wales, Scotland or Northern Ireland, the

Chief Executive must obtain—

(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

15

the Scottish Ministers;

(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

20

arrangements or arrangements of a particular description.

(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

25

training provided in Scotland, the Scottish Ministers;

(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.

30

105     

Assistance with respect to employment and training

(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).

35

(2)   

Before making such arrangements in relation to Wales or Scotland in which the

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,

40

the Welsh Ministers or the Scottish Ministers must obtain the consent of the

Secretary of State to the arrangements.

106     

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

45

section 1 of the Employment and Training Act (Northern Ireland) 1950

 
 

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

64

 

(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.

5

Miscellaneous

107     

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

10

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.

(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

15

State with information about any matter in relation to which the Chief

Executive has a function.

(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.

20

(6)   

The Chief Executive may secure the provision of facilities and services for

providing information, advice or guidance about education or training or

connected matters (including employment).

108     

Power to confer supplementary functions on Chief Executive

(1)   

The Secretary of State may by order confer supplementary functions on the

25

Chief Executive.

(2)   

A supplementary function is a function which is—

(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.

30

Chapter 3

Chief Executive’s functions: supplementary

Strategies

109     

Strategies for functions of Chief Executive

(1)   

The Secretary of State may by order specify an area in England as an area for

35

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

 
 

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

65

 

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

5

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;

10

(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;

15

(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.

20

(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.

110     

Strategy for functions of Chief Executive: Greater London

25

(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

30

(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

35

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;

40

(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—

45

 
 

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

66

 

(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.

5

(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.

10

(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.

(9)   

The Chief Executive may pay to the Greater London Authority such sums as

15

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.

111     

Strategies: duty of Chief Executive

20

(1)   

The Chief Executive must carry out any function to which a strategy under

section 109 or 110 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

strategy if doing so would entail failing to comply with a duty imposed on the

25

Chief Executive by any provision made by or under any Act (other than

subsection (1)).

(4)   

If provision in a strategy under section 109 conflicts with provision in another

strategy under section 109 or 110, the Chief Executive may disregard such

conflicting provision in one of the strategies or in both of them.

30

(5)   

The Chief Executive may disregard a strategy under section 109 or 110 if the

body whose strategy it is, in formulating or reviewing the strategy—

(a)   

failed to comply with directions given under section 109(4) or (as the

case may be) section 110(4), or

(b)   

failed to have regard to guidance given under section 109(4) or (as the

35

case may be) section 110(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

(b)   

might give rise to disproportionate expenditure.

40

(7)   

If the Chief Executive proposes not to carry out, or does not carry out, a

function to which a strategy under section 109 or 110 relates in accordance with

the strategy—

(a)   

the Chief Executive must refer the matter to the Secretary of State;

 
 

 
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