Apprenticeships, Skills, Children and Learning Bill

House of Lords

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 3 — Chief Executive’s functions: supplementary
72

Chapter 3
Chief Executive’s functions: supplementary
Strategies
111
Strategies for functions of Chief Executive
(1)
The Secretary of State may by order specify an area in England as an area for
5
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
area.
(2)
An order under subsection (1) may specify an area comprising the whole of
10
England.
(3)
An order under subsection (1) may not specify an area in England consisting
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
15
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;
20
(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)
A specified body must—
25
(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)
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
30
review.
112
Strategy for functions of Chief Executive: Greater London
(1)
Regulations must provide for the establishment of a body (“the London body”)
for the purposes of this section.
(2)
The London body must—
35
(a)
formulate a strategy setting out how specified functions of the Chief
Executive are to be carried out in Greater London, and
(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.
40

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 3 — Chief Executive’s functions: supplementary
73

(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
to—
(a)
the form and content of the strategy;
(b)
the updating of the strategy;
5
(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;
(e)
the consultation to be carried out when the body is formulating or
10
reviewing the strategy.
(5)
The London 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.
(6)
Where the London body formulates a strategy under this section, or in
15
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.
(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
20
the regulations;
(b)
provision for the Mayor to be the chairman of the body.
(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
25
review.
(9)
The Chief Executive may pay to the Greater London Authority such sums as
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
30
as chairman of the London body.
113
Strategies: duty of Chief Executive
(1)
The Chief Executive must carry out any function to which a strategy under
section 111 or 112 relates in accordance with that strategy.
(2)
Subsection (1) is subject to the following provisions of this section.
35
(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
Chief Executive by any provision made by or under any Act (other than
subsection (1)).
(4)
If provision in a strategy under section 111 conflicts with provision in another
40
strategy under section 111 or 112, the Chief Executive may disregard such
conflicting provision in one of the strategies or in both of them.
(5)
The Chief Executive may disregard a strategy under section 111 or 112 if the
body whose strategy it is, in formulating or reviewing the strategy—

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 3 — Chief Executive’s functions: supplementary
74

(a)
failed to comply with directions given under section 111(4) or (as the
case may be) section 112(4), or
(b)
failed to have regard to guidance given under section 111(4) or (as the
case may be) section 112(4).
(6)
Nothing in subsection (1) requires the Chief Executive to carry out any
5
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.
(7)
If the Chief Executive proposes not to carry out, or does not carry out, a
function to which a strategy under section 111 or 112 relates in accordance with
10
the strategy—
(a)
the Chief Executive must refer the matter to the Secretary of State;
(b)
the body whose strategy it is may refer the matter to the Secretary of
State.
(8)
On a reference under subsection (7) the Secretary of State may give such
15
direction to the Chief Executive as the Secretary of State thinks fit as to the
carrying out of the function.
Other
114
Persons with learning difficulties
(1)
The Chief Executive must, in performing the functions of the office, have
20
regard to the needs of persons with learning difficulties to whom this section
applies.
(2)
This section applies to—
(a)
persons who are aged 19 or over, other than persons aged under 25 who
are subject to learning difficulty assessment, and
25
(b)
persons who are subject to adult detention.
(3)
For the purposes of this section, a person has a learning difficulty if—
(a)
the person has a significantly greater difficulty in learning than the
majority of persons of the same age, or
(b)
the person has a disability which either prevents or hinders the person
30
from making use of facilities of a kind generally provided by
institutions providing education or training falling within section
86(1)(a), (b) or (c).
(4)
But a person is not to be taken to have a learning difficulty solely because the
language (or form of language) in which the person is or will be taught is
35
different from a language (or form of language) which has at any time been
spoken in the person’s home.
115
Persons subject to adult detention
The Chief Executive must, in performing the functions of the office, have
regard to the needs of persons subject to adult detention.
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Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 3 — Chief Executive’s functions: supplementary
75

116
Use of information by Chief Executive
The Chief Executive must, in performing the functions of the office, have
regard to information supplied to the Chief Executive by any person
designated for the purposes of this section by the Secretary of State.
117
Guidance
5
(1)
The Chief Executive must, in performing the functions of the office, have
regard to any guidance given by the Secretary of State.
(2)
Guidance under this section may include in particular guidance about—
(a)
consultation with persons mentioned in subsection (3) in connection
with the taking of decisions which affect such persons, and
10
(b)
taking advice from such persons or descriptions of persons as may be
specified in the guidance.
(3)
The persons are—
(a)
persons receiving or proposing to receive education or training within
the Chief Executive’s remit,
15
(b)
employers, or
(c)
such other persons or descriptions of persons as may be specified in the
guidance.
(4)
Guidance under this section about consultation with persons falling within
subsection (3)(a) must provide for the views of such persons to be considered
20
in the light of their age and understanding.
118
Directions: funding of qualifications
(1)
The Secretary of State may direct the Chief Executive that financial resources
provided by the Chief Executive to a relevant institution or employer must be
provided subject to a condition that the institution or employer does not make
25
an excluded payment which can reasonably be said to consist of or come from
financial resources received from the Chief Executive.
(2)
A direction under subsection (1) relating to a qualification may be made after
any course of training or education leading to the qualification has begun.
(3)
In this section—
30
“an excluded payment” is a payment which —
(a)
is in respect of a qualification to which Part 7 applies (see section
129) that is specified or of a description specified in the
direction, and
(b)
is made to the person who awards that qualification;
35
“relevant institution or employer” means an institution or employer who
provides or is proposing to provide a course of training or education for
persons who are aged 19 or over which leads to a qualification to which
Part 7 applies.
119
Other directions relating to functions of the office
40
(1)
The Secretary of State may give directions to the Chief Executive containing—
(a)
objectives which the Chief Executive should achieve in carrying out the
functions of the office, and

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 4 — General
76

(b)
time limits within which the Chief Executive should achieve the
objectives.
(2)
The Secretary of State may give to the Chief Executive other directions as to the
performance of any of the functions of the office if the Secretary of State is
satisfied that the Chief Executive—
5
(a)
has failed to discharge a duty imposed by or under any Act, or
(b)
has acted or is proposing to act unreasonably with respect to the
performance of any function conferred by or under any Act.
(3)
The Secretary of State may give directions under subsection (2) despite any
provision made by or under any Act making the performance of a function
10
dependent on the Chief Executive’s opinion.
(4)
Directions given under this section with respect to functions conferred on the
Chief Executive by or under this Part may not concern the provision of
financial resources to a particular person or persons.
Chapter 4
15
General
120
Interpretation of Part
(1)
In this Part—
“apprenticeship agreement” has the meaning given by section 32(1);
“apprenticeship training” has the meaning given by section 83;
20
“functions of the office” means functions of the Chief Executive conferred
by or under any Act;
“organised leisure-time occupation” has the meaning given by section 86.
(2)
In this Part a reference to education within the Chief Executive’s remit is a
reference to—
25
(a)
education falling within section 86(1)(a) or (b), and
(b)
organised leisure-time occupation in connection with such education.
(3)
In this Part a reference to training within the Chief Executive’s remit is a
reference to—
(a)
training falling within section 83(1),
30
(b)
training falling within section 86(1)(b), and
(c)
organised leisure-time occupation in connection with training falling
within section 86(1)(b).
(4)
For the purposes of this Part a person is subject to adult detention if the person
is subject to a detention order and—
35
(a)
aged 19 or over, or
(b)
aged under 19 and detained in—
(i)
a young offender institution, or part of such an institution, that
is used wholly or mainly for the detention of persons aged 18
and over, or
40
(ii)
a prison.

Apprenticeships, Skills, Children and Learning Bill
Part 5 — Parts 2 to 4: supplementary
77

Part 5
Parts 2 to 4: supplementary
Information
121
Sharing of information for education and training purposes
(1)
A person within subsection (3) may provide information to another person
5
within that subsection, or a person within subsection (4), for the purpose of
enabling or facilitating the exercise of any relevant function.
(2)
A person within subsection (4) may provide information to a person within
subsection (3) for the purpose of enabling or facilitating the exercise of any
relevant function.
10
(3)
The persons within this subsection are—
(a)
the Chief Executive;
(b)
the Young People’s Learning Agency for England;
(c)
a designated person;
(d)
a member of the Chief Executive’s staff;
15
(e)
a member of staff of a designated person;
(f)
a person providing services to any person within paragraphs (a) to (c).
(4)
The persons within this subsection are—
(a)
a local education authority in England;
(b)
a person providing services to a local education authority in England in
20
its capacity as such.
(5)
In subsections (1) and (2), “relevant function” means—
(a)
any function of the Chief Executive,
(b)
any function of the Young People’s Learning Agency for England, or
(c)
any function conferred on a local education authority in England in its
25
capacity as such,

other than a function under this section.
(6)
In this section—
“the Chief Executive” means the Chief Executive of Skills Funding;
“designated person” means a person by whom any function of the Chief
30
Executive is exercisable by virtue of section 82(1);
“member of staff of a designated person” means a person—
(a)
appointed by a designated person to assist the designated
person in connection with the performance of any function
exercisable by the designated person by virtue of section 82(1),
35
or
(b)
exercising any function of the Chief Executive by virtue of
section 82(4);
“member of the Chief Executive’s staff” means—
(a)
a member of the Chief Executive’s staff appointed by the Chief
40
Executive under paragraph 3 of Schedule 4, or
(b)
a member of staff provided to the Chief Executive by the
Secretary of State under arrangements under paragraph 5 of
that Schedule.

Apprenticeships, Skills, Children and Learning Bill
Part 6 — The sixth form college sector
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(7)
Nothing in this section—
(a)
affects any power to disclose information that exists apart from this
section, or
(b)
authorises the disclosure of any information in contravention of any
provision made by or under any Act which prevents disclosure of the
5
information.
The Learning and Skills Council for England
122
Dissolution of the Learning and Skills Council for England
(1)
The Learning and Skills Council for England ceases to exist on the day on
which this section comes into force.
10
(2)
Schedule 6 contains minor and consequential amendments in relation to the
dissolution of the Learning and Skills Council for England.
123
Dissolution of the Learning and Skills Council: transfer schemes
Schedule 7 contains provision about schemes for the transfer of staff, property,
rights and liabilities from the Learning and Skills Council for England to other
15
persons.
Part 6
The sixth form college sector
124
Sixth form college sector
Schedule 8 makes provision about the sixth form college sector.
20
125
Removal of power to establish sixth form schools
(1)
In section 16 of the Education Act 1996 (c. 56) (power to establish etc. primary
and secondary schools) after subsection (3) insert—
“(3A)
A local education authority in England may not under subsection (1)
establish a school which is principally concerned with the provision of
25
full-time education suitable to the requirements of pupils who are over
compulsory school age but under 19.”
(2)
The Education and Inspections Act 2006 (c. 40) is amended as follows.
(3)
In section 7 (invitation for proposals for establishment of new schools) after
subsection (5) insert—
30
“(5A)
A local education authority may not publish under this section
proposals within subsection (5)(b) for the establishment of a school
providing education suitable only to the requirements of persons above
compulsory school age.”
(4)
In section 10 (publication of proposals with consent of Secretary of State) in
35
subsection (1)(a) after “school” insert “, other than one providing education
suitable only to the requirements of persons above compulsory school age”.