Apprenticeships, Skills, Children and Learning Act 2009

The core and additional entitlements

45Duties in relation to the core and additional entitlements

After section 17 of the Education Act 1996 (c. 56) insert—

“The core and additional entitlements: England

17ADuties in relation to the core and additional entitlements

(1)A local education authority in England must exercise their functions in such a way as to secure that the core entitlement and the additional entitlement are satisfied in relation to persons in their area who are over compulsory school age but under 19.

(2)A local education authority in England must exercise their functions with a view to securing that courses of study within all the additional entitlement areas are made available to persons in their area who are over compulsory school age but under 19.

(3)Subsection (2) does not apply to the extent that an authority decide that making available a course of study within a particular entitlement area would involve disproportionate expenditure.

(4)An authority may comply with subsection (2) by securing that courses of study are available either within or outside their area.

(5)Subsection (2) does not entitle a person—

(a)to follow a course of study within a particular additional entitlement area, or

(b)to follow more than one course of study within different additional entitlement areas.

(See section 17D for provision conferring entitlement in relation to the additional entitlement areas.)

(6)In exercising their functions as required by this section, a local education authority in England must have regard to any guidance given from time to time by the Secretary of State.

(7)In this section—

• “additional entitlement area” has the meaning given by section 17D(2);

• “the additional entitlement” has the meaning given by section 17D;

• “the core entitlement” has the meaning given by section 17C.

(8)In this section and sections 17C and 17D “course of study” means a course of education or training leading to a qualification specified, or a qualification of a description specified, by the Secretary of State by order for the purposes of this subsection.

(9)The references in subsections (1) and (2) to persons in a local education authority’s area who are over compulsory school age but under 19 do not include persons who are subject to a detention order.

17BEntitlement to education and training for 16 to 18 year olds

A person who is over compulsory school age but under 19 may elect for either or both of—

(a)the core entitlement (see section 17C), and

(b)the additional entitlement (see section 17D).

17CThe core entitlement

(1)The core entitlement is an entitlement to follow a course of study in each of the core subjects chosen by the person electing for the entitlement (the “chosen core subjects”).

(2)The core subjects are—

(a)mathematics;

(b)English;

(c)information and communication technology.

(3)The core entitlement is satisfied in relation to a person if a course of study in each of the chosen core subjects is made available to the person at a school or institution.

(4)A person’s entitlement to follow a course of study in one of the chosen core subjects ceases if—

(a)a course of study in the subject is made available to the person, but

(b)the person does not begin the course of study before reaching the age of 19.

17DThe additional entitlement

(1)The additional entitlement is an entitlement to follow a course of study in an additional entitlement area.

(2)An additional entitlement area is an area specified by the Secretary of State by order for the purposes of this subsection.

(3)The additional entitlement is satisfied in relation to a person if a course of study in one of the additional entitlement areas is made available to the person at a school or institution.

(4)A person’s entitlement to follow a course of study in an additional entitlement area ceases if—

(a)a course of study in the additional entitlement area is made available to the person, but

(b)the person does not begin the course of study before reaching the age of 19.”