|
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|
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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 |
| |
| |
(e) | persons making loans to others receiving or proposing to receive |
| |
| |
(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 |
| |
| 20 |
(h) | persons carrying out means tests under arrangements made under |
| |
| |
(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 |
| |
| |
(2) | The Chief Executive may secure the provision of financial resources under |
| |
| |
(a) | by providing the resources; |
| 30 |
(b) | by making arrangements for the provision of resources by another |
| |
| |
(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 |
| |
| |
(2) | The conditions may include— |
| |
(a) | information conditions; |
| |
|
| |
|
| |
|
(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) | 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 |
| |
| |
(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 |
| |
(2) | The Chief Executive may take the assessments into account in deciding how to |
| |
exercise the powers under section 98. |
| |
| |
(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). |
| |
|
| |
|
| |
|
102 | Assistance and support in relation to apprenticeship places |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 Chief Executive in respect of |
| |
expenditure incurred by the Chief Executive in performing any function under |
| |
| |
(4) | In this section “permitted recipient” means— |
| 35 |
(a) | the Secretary of State; |
| |
| |
(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; |
| |
|
| |
|
| |
|
(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 |
| |
| |
(b) | in relation to education or training provided in Scotland, the consent of |
| 15 |
| |
(c) | in relation to education or training provided in Northern Ireland, the |
| |
consent of the Minister for Employment and Learning in Northern |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
(arrangements for assisting persons to select, train for, obtain and retain |
| |
| |
(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 |
| |
| 5 |
| |
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 |
| |
(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 |
| |
Chief Executive’s functions: supplementary |
| |
| |
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 |
| |
|
| |
|
| |
|
Executive as are specified in the order are to be carried out in relation to the |
| |
| |
(2) | An order under subsection (1) may specify an area comprising the whole of |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(d) | the matters to which the body is to have regard when formulating or |
| |
| 15 |
(e) | the consultation to be carried out when the body is formulating or |
| |
| |
(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 |
| |
| |
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 |
| |
(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 |
| |
| 40 |
(d) | the matters to which the body is to have regard when formulating or |
| |
| |
(e) | the consultation to be carried out when the body is formulating or |
| |
| |
(5) | The London body must— |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(a) | the Chief Executive must refer the matter to the Secretary of State; |
| |
|
| |
|