Diario de la 1134ª Sesión plenaria del Consejo Permanente

This section applies to a relevant provider that provides English-funded post-16 technical education or training that is material to a specified area.

English-funded post-16 technical education or training is “material” to a specified area if it could reasonably be regarded as material or potentially material to the skills, capabilities or expertise that are, or may in the future be, required by employers operating within the specified area, having regard to all the circumstances and any guidance published by the Secretary of State.

If there is no approved local skills improvement plan for the specified area, the relevant provider must co-operate with the employer representative body for that area for the purposes of assisting the body to develop a local skills improvement plan for submission to the Secretary of State for approval and publication.

If there is an approved local skills improvement plan for the specified area, the relevant provider must—

The relevant provider must have regard to any guidance published by the Secretary of State in connection with this section, including in relation to—

The Secretary of State may approve and publish a local skills improvement plan only if satisfied that in the development of the plan due consideration was given to, amongst other things, the skills, capabilities or expertise required in relation to jobs that directly contribute to, or indirectly support, the following—

Where a specified area covers any of the area of a relevant authority, the Secretary of State may approve and publish a local skills improvement plan for the specified area only if satisfied that in the development of the plan due consideration was given to the views of the relevant authority. For this purpose “relevant authority” means—

A “local skills improvement plan”, in relation to a specified area, means a plan which—

An “approved local skills improvement plan” means a local skills improvement plan that has been approved and published by the Secretary of State.

The Secretary of State may designate an eligible body as the employer representative body for an area in England (the “specified area”) if—

A designation under subsection (1) may be made subject to such terms and conditions as the Secretary of State considers appropriate.

If the Secretary of State decides to designate an eligible body under subsection (1), the Secretary of State must—

The notice of the designation must state—

The Secretary of State may from time to time modify the terms and conditions to which a designation is subject, in which case the Secretary of State must—

The Secretary of State may by notice remove the designation of a body under section 2 if—

The Secretary of State must by notice remove a designation of a body under section 2 if the body requests the removal in writing.

A notice under this section must—

The Secretary of State must publish a notice under this section.

In sections 1 to 3 and this section—

For the purposes of sections 1 to 3 and this section, education or training is “English-funded” if it is funded, wholly or partly, by—

For those purposes, education or training funded by the Secretary of State includes education or training funded, wholly or partly, by amounts paid directly to the provider of the education or training in accordance with provision in regulations made by the Secretary of State under section 22(1) of the Teaching and Higher Education Act 1998 (financial support for students) by virtue of section 22(2)(h) or (i) of that Act.

Where a relevant provider that provides English-funded post-16 technical education or training enters into arrangements under which all or part of that education or training is provided by another relevant provider, the education or training provided under the arrangements is to be treated as English-funded post-16 technical education or training provided by the second relevant provider (as well as by the first).

A statutory instrument containing regulations under paragraph (d) of the definition of “relevant provider” in subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

The Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.

In section ZA2 (general duties), in subsection (6)—

After section ZA2 insert—

In section ZA3 (provision of advice and assistance to the Secretary of State etc)—

The Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.

Before section A2D3 (as renumbered by section 13) insert—

In section A2D3 (as renumbered by section 13: approved technical education qualifications), in subsection (3), after “satisfied that” insert “—.

After section A2D4 (as renumbered by section 13) insert—

In section A2D4 (as renumbered by section 13: additional steps towards occupational competence), in subsection (1)—

In section A3A (power to issue technical education certificates), in subsection (1)(a)—

After section A11 insert—

The Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.

After section 40AA insert—

In the heading of Part 1A, after “Apprenticeships” insert “, Technical Education Qualifications”.

In section 262 (orders and regulations), in subsection (6), after paragraph (aza) insert—.

The Apprenticeships, Skills, Children and Learning Act 2009 is amended as set out in subsections (2) to (9).

After section ZA8 insert—

In section A2D3 (as renumbered by section 13: approved technical education qualifications)—

In section A2D10 (as renumbered by section 13: directions), for “section A2DA or A2DB” substitute “sections A2D2 to A2D9 or A2IB”.

In section A2HA (list of technical education qualifications)—

In section 100 (funding), in subsection (5), in the definition of “approved technical education qualification”, for “A2DA” substitute “A12(1)”.

In section 121 (interpretation of Part 4), in subsection (1)—

In section 122 (sharing of information for education and training purposes), in subsection (5)(ba), for “the IfA” substitute “the Institute for Apprenticeships and Technical Education”.

In paragraph 9(2) of Schedule A1 (exercise of Institute’s functions)—

In section 42B of the Education Act 1997 (information about technical education: access to English schools), in subsection (10), for “A2DA” substitute “A2D3 or A2D5”.

The Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.

Sections A2DA to A2DC are renumbered as follows— Existing section number New section number A2DA A2D3 A2DB A2D4 A2DC A2D10

In section A2HA (list of technical education qualifications), in subsection (2)(b), for “A2DB” substitute “A2D4”.

In section A2IA (transfer of copyright relating to technical education qualifications)—

In section A3A (power to issue technical education certificate), in subsection (1)(b), for “A2DB” substitute “A2D4”.

In section 100 (provision of financial resources), in subsection (5), in the definition of “approved steps towards occupational competence”, for “A2DB” substitute “A2D4”.

In section 121 (interpretation of Part 4), in subsection (1), in the definition of “approved steps towards occupational competence”, for “A2DB” substitute “A2D4”.

Nothing in subsection (2) alters the effect of anything done under or for the purposes of a provision renumbered by that subsection, and accordingly—

Section 42B of the Education Act 1997 (information about technical education: access to English schools) is amended as follows.

In subsection (1), for “is an opportunity” substitute “are opportunities”.

After subsection (1) insert—

After subsection (2) insert—

In subsection (5)—

In subsection (8), after “subsection (1)” insert “or (2A)”.

After subsection (9) insert—

The Secretary of State may by regulations make provision—

“Relevant provider” means a post-16 education or training provider who is not—

“Relevant education or training” means education or training that falls within one or more of the following paragraphs—

The Secretary of State may by regulations amend subsection (3) so as to add, vary or remove a category of education or training.

A condition may be specified in regulations under subsection (1)(a) only where the Secretary of State considers that specifying the condition in relation to a relevant provider may assist in preventing, or mitigating the adverse effects of, a disorderly cessation in the provision of education or training by the relevant provider.

Regulations under subsection (1) may—

The conditions that may be specified include conditions—

For the purposes of subsection (7)(a), a “student support plan” means a plan for supporting students in the event of a cessation in the provision of education or training.

Different conditions may be specified—

Regulations under subsection (1)(b) may, among other things, make provision—

The provision mentioned in subsection (10)(e) includes provision about information relating to—

If the Secretary of State makes regulations under section 19(1)(a) for the keeping of a list, the following provisions apply in relation to the making of funding arrangements while the regulations are in force.

A funding authority must not enter into relevant funding arrangements with a relevant provider unless—

A funding authority must not enter into relevant funding arrangements with a post-16 education or training provider (“P1”) unless the funding arrangements include the provision in subsection (4).

The provision in this subsection is—

Nothing in this section—

The following provisions apply for the interpretation of this section.

“Funding authority” means—

“Funding arrangements” in relation to a funding authority and a provider are—

The reference in subsection (8)(b) to an agreement for the funding authority to provide funding to the provider includes a reference to an agreement or arrangements between the funding authority and the provider by virtue of which amounts can or must be paid directly to the provider in accordance with provision in regulations made under section 22(1) of the Teaching and Higher Education Act 1998 (financial support for students) by virtue of section 22(2)(h) or (i) of that Act.

Funding arrangements are “relevant funding arrangements” if—

A “relevant sub-contract”, in relation to relevant funding arrangements, is a contract—

This section applies for the interpretation of sections 19, 20 and this section.

In those sections—

In the following provisions, references to a provider include references to a person having general control and management of, or legal responsibility and accountability for, a provider—

Any power to make regulations under section 19 or 20 includes power to make consequential, supplemental, incidental, transitional or saving provision.

The provision that may be made in regulations by virtue of subsection (1) includes provision amending an Act (including this Act).

Before making the first regulations under section 19(1) the Secretary of State must consult such persons as the Secretary of State considers appropriate.

Regulations under section 19 or 20 are to be made by statutory instrument.

A statutory instrument containing the following (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

Any other statutory instrument containing regulations under section 19 or 20 is subject to annulment in pursuance of a resolution of either House of Parliament.

The Further and Higher Education Act 1992 is amended as follows.

In section 56A (intervention: England)—

In section 56E (intervention by the Secretary of State: sixth form colleges)—