Apprenticeships, Skills, Children and Learning Act 2009

Chapter 2U.K.[F1Provision of services to other bodies]

FundingE+W

100Provision of financial resourcesE+W

(1)The [F2Secretary of State] may secure the provision of financial resources [F3under this subsection] to—

(a)persons providing or proposing to provide education or training within the [F4Secretary of State's remit under this Part] ;

(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;

(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;

F5(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)persons undertaking or proposing to undertake research relating to education or training;

(h)persons carrying out means tests under arrangements made under section 103;

F6(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).

[F7(1A)The Secretary of State may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1))—

(a)for the purpose of encouraging the provision of opportunities for individuals to complete approved English apprenticeships or to undertake work following the completion of such apprenticeships, or

(b)otherwise in connection with approved English apprenticeships.]

F8(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The [F9Secretary of State] may secure the provision of financial resources under subsection (1) [F10or (1A)] —

(a)by providing the resources;

(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 [F11Secretary of State] ).

(4)The [F12Secretary of State] may under subsection (1)(c) [F13or (1A)] secure the provision of 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).

101Financial resources: conditionsE+W

(1)Financial resources provided [F14by the Secretary of State under section 100] may be provided subject to conditions.

(2)The conditions may [F15(among other things) ] include—

(a)information conditions;

(b)[F16operational conditions;]

(c)repayment conditions.

(3)Information conditions are conditions which—

(a)require the [F17Secretary of State] , or a person designated by the [F17Secretary of State] , to be given access to a person's accounts and documents and 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 [F18Secretary of State] such information as the [F18Secretary of State] may request for the purpose of carrying out [F19functions under this Part] .

(4)[F20Operational 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)[F21The matters are the following—

(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 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 [F22an EHC plan or] a report of an assessment under section F23... 140 of the Learning and Skills Act 2000 (c. 21) (assessments relating to learning difficulties).]

(6)Repayment conditions are conditions which—

(a)enable the [F24Secretary of State] to require the repayment (in whole or part) of sums paid by the [F24Secretary of State] if any of the conditions subject to which the sums were paid is not complied with;

(b)require the payment of interest in respect of any period in which a sum due to the [F25Secretary of State] in accordance with any condition is unpaid.

102Performance assessmentsE+W

(1)The [F26Secretary of State] may adopt or develop schemes for the assessment of the performance of persons in providing education or training within the [F27Secretary of State's remit under this Part] .

(2)The [F28Secretary of State] may take the assessments into account in deciding how to exercise the powers under section 100.

103Means testsE+W

(1)[F29For the purpose of the exercise of the powers under section 100(1)(c), (d) or (e), the Secretary of State] may—

(a)carry out means tests;

(b)arrange for other persons to carry out means tests.

F30(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Apprenticeships: generalE+W

F31104Assistance and support in relation to apprenticeship placesE+W

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F32105Promoting progression from level 2 to level 3 apprenticeshipsE+W

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F33106Advice and assistance in relation to apprenticeshipsE+W

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Provision of services and assistanceU.K.

107Provision of servicesU.K.

(1)The [F34Secretary of State] may make arrangements with a permitted recipient for the provision by the [F34Secretary of State] 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 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.

(3)The terms and conditions upon which the arrangements are made may include provision for making payments to the [F35Secretary of State] in respect of expenditure incurred by the [F35Secretary of State] in performing any function under the arrangements.

(4)In this section “permitted recipient” means—

F36(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the Welsh Ministers;

(c)the Scottish Ministers;

(d)a Northern Ireland department;

F37(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F38(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 education or training provided in Wales, Scotland or Northern Ireland, the [F39Secretary of State] 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 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 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 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.

F40108Assistance with respect to employment and trainingE+W+S

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F41109Assistance with respect to employment and training: Northern IrelandE+W+N.I.

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F42...E+W

F42110Research, information and adviceE+W

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F43111Power to confer supplementary functions on Chief ExecutiveE+W

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