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
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
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(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;

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Part 4 — The Chief Executive of Skills Funding
Chapter 2 — Other functions
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(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
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(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
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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
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(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;