Zambia - Agricultural Rehabilitation Project
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—
co-operate with the employer representative body for that area for the purposes of assisting the body to—
keep the plan under review, and
where appropriate, develop a replacement plan for submission to the Secretary of State for approval and publication, and
have regard to the plan so far as it is relevant to any decision that the relevant provider is making in relation to the provision of English-funded post-16 technical education or training that may be relevant to the skills, capabilities or expertise that are, or may in the future be, required in the area.
The relevant provider must have regard to any guidance published by the Secretary of State in connection with this section, including in relation to—
co-operation with an employer representative body under subsections (3) and (4), and
the matters to which the Secretary of State might have regard (including for the purposes of complying with subsections (6) and (7)) in deciding whether to approve and publish a plan.
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—
compliance with the duty imposed by section 1 of the Climate Change Act 2008 (UK net zero emissions target),
adaptation to climate change, or
meeting other environmental goals (such as restoration or enhancement of the natural environment).
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 mayoral combined authority within the meaning of Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (see section 107A(8) of that Act), or
the Greater London Authority.
A “local skills improvement plan”, in relation to a specified area, means a plan which—
is developed by an employer representative body for the specified area,
draws on the views of employers operating within the specified area, and any other evidence, to summarise the skills, capabilities or expertise that are, or may in the future be, required in the specified area, and
identifies actions that relevant providers can take regarding any English-funded post-16 technical education or training that they provide so as to address the requirements mentioned in paragraph (b).
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—
the Secretary of State is satisfied that—
the body is capable of developing and keeping under review a local skills improvement plan for the area, in an effective and impartial manner, and
the body is reasonably representative of the employers operating within the specified area, and
the body has consented in writing to being so designated (and to any terms and conditions to which the designation is subject).
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—
notify the body of the designation before the date on which the designation takes effect (“the effective date”), and
publish the notice of the designation before that date.
The notice of the designation must state—
the name of the body,
the specified area for which the body has been designated,
the effective date, and
any terms and conditions to which the designation is subject.
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—
notify the employer representative body of the modification before the date on which the modification takes effect, and
amend the notice of designation accordingly, and publish it as amended, before that date.
The Secretary of State may by notice remove the designation of a body under section 2 if—
the body no longer meets the requirements in section 2(1)(a),
the body is no longer an eligible body,
the body does not comply with a term or condition to which the designation is subject,
the body does not have regard to any relevant guidance published by the Secretary of State or departs from any such guidance without good cause, or
the Secretary of State considers that removing the designation is otherwise necessary or expedient.
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—
include reasons for the removal of the designation, and
specify when the designation is to be removed.
The Secretary of State must publish a notice under this section.
In sections 1 to 3 and this section—
“post-16 education or training provider” means an institution or person who provides or intends to provide relevant education or training for persons over compulsory school age;
“eligible body” means a body corporate that—
is not a servant or agent of the Crown,
is not a body to which the Secretary of State appoints members, and
“institution within the further education sector” has the same meaning as in the Further and Higher Education Act 1992 (see section 91(3) of that Act);
a contract for services,
“specified” means specified, or of a description specified, by or under the regulations.
an English higher education provider (within the meaning given by section 83(1) of the Higher Education and Research Act 2017),
that is not— an employer who provides the education or training mentioned in paragraph (a) only to its employees, a 16 to 19 Academy, a school, a local authority in England, an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992), or a higher education provider (within the meaning given by section 83(1) of the Higher Education and Research Act 2017);
a higher education provider, within the meaning of Part 1 of the Higher Education and Research Act 2017 (see section 83(1) of that Act);
an institution within the further education sector, within the meaning of the Further and Higher Education Act 1992 (see section 91(3) of that Act);
a 16 to 19 Academy;
“examination” includes any form of assessment;
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—
the Secretary of State,
a combined authority,
the Greater London Authority, or
a local authority in England.
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.
In the Further and Higher Education Act 1992, after section 52A insert—
The Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.
In section ZA2 (general duties), in subsection (6)—
for “section” substitute “Chapter”;
omit the word “or” at the end of paragraph (b);
after paragraph (c) insert or
After section ZA2 insert—
In section ZA3 (provision of advice and assistance to the Secretary of State etc)—
in subsection (1), after paragraph (a) (but before the word “or” at the end of it) insert—;
in subsection (2), for “and (b)” substitute “to (b)”.
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)—
for “an approved” substitute “a”;
after “qualification” insert “that is approved under section A2D3”.
In section A3A (power to issue technical education certificates), in subsection (1)(a)—
for “an approved” substitute “a”;
after “qualification” insert “approved under section A2D3”.
After section A11 insert—
In the Apprenticeships, Skills, Children and Learning Act 2009, after section A2IA insert—
In the Apprenticeships, Skills, Children and Learning Act 2009, after section A2D10 (as renumbered by section 13) insert—
In section 138 of the Apprenticeships, Skills, Children and Learning Act 2009 (qualifications subject to the accreditation requirement)—
after subsection (1) insert—;
after subsection (6) 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 subsection (1), after “qualification” insert “under this section”;
omit subsection (2);
omit subsections (8) to (13);
for the heading substitute “Technical education certificate: approval of 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)—
after subsection (1), insert—;
in subsection (2)(a), for “the standards” substitute “any standards”.
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 the definition of “approved technical education qualification”, for “A2DA” substitute “A12”;
in the definition of “technical education qualification”, for “A2DA” substitute “A12”.
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)—
after “sections” insert “ZA2A,”;
for “A2DA, A2DB” substitute “A2D2 to A2D9”;
for “A2IA” substitute “A2IB”.
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 subsection (1), for “A2DA” substitute “A2D3”;
in subsection (4), for “A2DA(4)(a)” substitute “A2D3(4)(a)”.
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—
anything done under or for the purposes of such a provision (a “renumbered provision”) that has effect immediately before that subsection comes into force continues to have effect after that time as done under the provision as renumbered;
any reference in an instrument or other document to such a provision is (so far as the context permits) to be read after that time as including a reference to the provision as renumbered;
any reference in an instrument or other document to a provision as so renumbered is (so far as the context permits) to be read after that time as including a reference to the provision as previously numbered.
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 paragraph (c), at the end insert “and the times at which the access is to be given;”;
after paragraph (c) insert—
In subsection (8), after “subsection (1)” insert “or (2A)”.
After subsection (9) insert—
After section 28 of the Teaching and Higher Education Act 1998 insert—
Until section 86(2) of the Higher Education and Research Act 2017 (power to make alternative payments) comes into force—
the following provisions that are treated as inserted into section 22 of the Teaching and Higher Education Act 1998 by section 28A(1) of that Act have effect with the omission of references to alternative payments—
paragraph (ba) of subsection (2);
subsection (2ZB);
section 28A(1)(b) of that Act has effect with the omission of the reference to section 22(4B) of that Act.
The Higher Education and Research Act 2017 is amended as follows.
In section 9 (mandatory transparency condition for certain providers), after subsection (3) insert—
In section 83(1) (meaning of “English higher education provider” etc), for the definition of “higher education course” substitute—.
In section 85 (definitions)—
in subsection (1), at the appropriate place insert—;
after subsection (1) insert—
The Secretary of State may make regulations for the purpose of securing or improving the quality of courses of initial teacher training for further education (“ITT(FE) courses”) provided by educational institutions in England.
Regulations under subsection (1) may (among other things) make provision for and in connection with—
accrediting an institution as a provider of specified ITT(FE) courses;
accrediting specified ITT(FE) courses;
prohibiting the provision of specified ITT(FE) courses by an institution;
setting conditions that must be complied with by an institution that provides specified ITT(FE) courses;
requiring the governing body of an institution that provides specified ITT(FE) courses, or other specified person in relation to such an institution, to have regard to guidance issued by the Secretary of State;
requiring the governing body of an institution that provides specified ITT(FE) courses, or other specified person in relation to such an institution, to give the Secretary of State specified information about—
the ITT(FE) courses provided by the institution;
the individuals who are commencing, are undertaking or have completed an ITT(FE) course provided by the institution.
The provision mentioned in subsection (2)(c) may include provision for a prohibition by reference to (among other things)—
the accreditation of an institution under provision included in regulations under subsection (1) by virtue of subsection (2)(a);
the approval of the Secretary of State;
a failure to meet conditions set in regulations under subsection (1) by virtue of subsection (2)(d).
Regulations under this section—
may make provision for enforcement of obligations or prohibitions imposed by the regulations;
may make different provision for different cases;
may make provision generally or only in relation to specified cases;
may confer a function (including the exercise of a discretion) on the Secretary of State or another specified person;
may make such incidental, consequential, supplemental, transitional or saving provision as the Secretary of State thinks fit;
are to be made by statutory instrument.
A statutory instrument containing the first regulations under this section 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 this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
“relevant course” means—
“higher education” has the meaning given by section 579(1) of the Education Act 1996;
monitoring compliance;
dealing with non-compliance;
In section 23 of the Higher Education and Research Act 2017 (assessing the quality of, and the standards applied to, higher education), at the end insert—
The Secretary of State may by regulations make provision—
for the Secretary of State to keep a list of relevant providers in respect of relevant education or training who meet conditions specified in the regulations for being on the list in respect of that education or training;
in connection with the keeping of the list.
“Relevant provider” means a post-16 education or training provider who is not—
a school;
a 16 to 19 Academy;
an institution within the further education sector;
a registered higher education provider who provides only higher education;
the responsible body for an institution within any of paragraphs (a) to (d) when acting in its capacity as such;
a local authority in England;
a combined authority;
the Greater London Authority.
“Relevant education or training” means education or training that falls within one or more of the following paragraphs—
further education;
education or training provided by means of a further education course, or a module of a further education course, designated for the purposes of section 22 of the Teaching and Higher Education Act 1998;
training for persons over compulsory school age which is funded by the Secretary of State under section 2 of the Employment and Training Act 1973;
education or training for persons over compulsory school age provided as part of an approved technical education qualification or approved steps towards occupational competence;
training for persons over compulsory school age provided in connection with an English statutory apprenticeship.
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—
specify different conditions in relation to different descriptions of relevant education or training;
provide for a relevant provider to be on the list only in respect of one or more descriptions of relevant education or training;
confer functions (including functions involving the exercise of a discretion) on the Secretary of State or any other person.
The conditions that may be specified include conditions—
relating to the relevant provider having a student support plan and making it available;
relating to the relevant provider having insurance cover;
for ensuring that persons having general control and management of, or legal responsibility and accountability for, the relevant provider are fit and proper persons to be involved in that activity;
relating to the relevant provider giving access to, or providing, information (including information about persons for whom the relevant provider is, or has been, providing relevant education or training) to the Secretary of State;
relating to the relevant provider taking action specified in directions given by the Secretary of State.
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—
for being added to, or remaining on, the list;
for different descriptions of relevant provider.
Regulations under subsection (1)(b) may, among other things, make provision—
for the charging of fees in connection with entries on the list;
about the procedure for applications to be added to, or remain on, the list;
about the removal of entries from, or the restoration of entries to, the list;
about appeals against decisions relating to the list;
permitting or requiring the disclosure of information;
about publication of the list.
The provision mentioned in subsection (10)(e) includes provision about information relating to—
persons for whom relevant education or training is or has been provided;
persons having general control and management of, or legal responsibility and accountability for, a relevant provider.
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—
the relevant provider is on the list in respect of the education or training to which the funding arrangements relate, and
the funding arrangements include provision allowing the funding authority to terminate the funding arrangements if the relevant provider ceases to be on the list in respect of that education or training.
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—
in the case of relevant funding arrangements that prohibit P1 from entering into a relevant sub-contract, provision allowing the funding authority to terminate the funding arrangements if P1 enters into a relevant sub-contract in breach of that prohibition, and
in the case of relevant funding arrangements that allow P1 to enter into a relevant sub-contract, provision allowing the funding authority to terminate the funding arrangements if P1 enters into a relevant sub-contract with a relevant provider (“P2”) unless—
P2 is on the list in respect of the education or training to which the relevant sub-contract relates, and
the relevant sub-contract includes provision allowing P1 to terminate the sub-contract if P2 ceases to be on the list in respect of that education or training.
Nothing in this section—
may be relied on by a provider with whom a funding authority has entered into relevant funding arrangements as a reason for not carrying out the provider’s obligations under those arrangements, or
limits the discretion of a funding authority not to enter into funding arrangements with a person where that person does not meet conditions of a scheme created by the funding authority in connection with the making of funding arrangements.
The following provisions apply for the interpretation of this section.
“Funding authority” means—
the Secretary of State;
a local authority in England;
a combined authority;
the Greater London Authority.
“Funding arrangements” in relation to a funding authority and a provider are—
arrangements for a grant to be given by the funding authority to the provider for the provision of education or training wholly or mainly in England;
an agreement for the funding authority to provide funding to the provider for the provision of education or training wholly or mainly in England.
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—
the education or training to which the arrangements relate is relevant education or training, and
the arrangements have any other characteristics specified in regulations made by the Secretary of State.
A “relevant sub-contract”, in relation to relevant funding arrangements, is a contract—
for the provision of all or part of the education or training to which the relevant funding arrangements relate, and
that has any other characteristics specified in regulations made by the Secretary of State.
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—
section 19(7)(a), (b), (d)and (e);
section 20(2) to (4) where the reference is to entering into relevant funding arrangements, or a relevant sub-contract, with a provider;
section 20(5)(a);
section 20(8);
section 20(9).
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—
regulations under section 19(1);
regulations under section 19(4);
regulations under section 19 or 20 that, by virtue of subsections (1) and (2), amend an Act.
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 subsection (2), after paragraph (d) insert—;
after subsection (2) insert—;
in subsection (7)—
in paragraph (b), after “section 27A(1)” insert “, or take such other steps specified in the direction as may be required,”;
after paragraph (b) insert—;
for subsection (7A) substitute—;
after subsection (7A) insert—;
after subsection (9) insert—
In section 56E (intervention by the Secretary of State: sixth form colleges)—
in subsection (2), after paragraph (d) insert—;
after subsection (2) insert—;
in subsection (7), after paragraph (b) insert—;
for subsection (7A) substitute—;
after subsection (7A) insert—;
after subsection (9) insert—
In section 33 of the Technical and Further Education Act 2017 (application of other insolvency law), after subsection (2) insert—
The Technical and Further Education Act 2017 is amended as follows.
In Schedule 2 (education administration: transfer schemes), after paragraph 6 insert—
In Schedule 3 (conduct of education administration: statutory corporations), in paragraph 19—
for “sub-paragraph (1),” substitute sub-paragraph (1)—;
the text from “the words” to the end of the paragraph becomes paragraph (b).
In Schedule 4 (conduct of education administration: companies), after paragraph 17 insert—
This section applies for the purposes of this Chapter.
“Relevant service” means a service of completing all or part of an assignment on behalf of a student where the assignment completed in that way could not reasonably be considered to have been completed personally by the student.
References to completing all or part of an assignment on behalf of a student include references to providing material to the student in connection with the assignment where—
the student could use the material in completing the assignment or part, and
the material—
is prepared in connection with the assignment, or
has not been published generally.
For this purpose—
where, in connection with an assignment, a student seeks the provision of a relevant service, any material provided as a result is to be regarded as provided in connection with the assignment;
material is published generally if it—
is available generally without payment, or
is included in a publication that contains other educational or training material and is available generally (such as a text book or study guide).
A person who provides, or arranges the provision of, a relevant service does so “in commercial circumstances” if— whether the person’s own business or that of the person’s employer.
the person is acting in the course of business, or
in the case of a person who provides a relevant service, its provision was arranged by another person acting in the course of business,
“Student” means—
a person who is undertaking a relevant course at a post-16 institution or sixth form in England, or
any other person over compulsory school age who has been entered to take an examination relating to a regulated qualification at a place in England.
A “relevant assignment”, in relation to a student, is an assignment (which may have been chosen by the student) which the student is required to complete personally—
as part of the relevant course which the student is undertaking, or
in order to obtain the qualification to which the course leads or for which the student has been entered.
In relation to an assignment that is a relevant assignment—
“personally” includes with any assistance permitted as part of the requirement (whether or not the assignment, if completed with that assistance, would otherwise be considered to be completed personally), and
that assistance is “permitted assistance”.
Section 30 sets out the meanings of other terms used in this Chapter (including in this section).
It is an offence for a person to provide, or arrange for another person to provide, in commercial circumstances, a relevant service for a student in relation to a relevant assignment.
A person guilty of an offence under this section is liable on summary conviction to a fine.
In proceedings for an offence under subsection (1) it is a defence for the defendant to prove, in relation to any of the matters mentioned in subsection (4), that the defendant did not know, and could not with reasonable diligence have known, the matter.
Those matters are—
if material is provided to the student as a result of the relevant service, that the student would or might use the material in completing all or part of the assignment;
that the student was required to complete the assignment personally;
that the relevant service was not permitted assistance.
A statement in the form of a written standard term of the contract or arrangement under which the relevant service was provided or arranged— is not, of itself, to be taken as sufficient evidence of a matter to be proved under subsection (3).
that the student would not use any material provided as a result of the relevant service in completing all or part of the assignment,
that the student was not required to complete the assignment personally, or
that the relevant service was permitted assistance,
A student does not commit either of the following merely by making use of a relevant service to complete all or part of an assignment—
an offence under Part 2 of the Serious Crime Act 2007 where the offence that the student intended or believed would be committed is an offence under this section;
an offence under this section committed by aiding, abetting, counselling or procuring the commission of an offence under this section.
A person who advertises a relevant service to students commits an offence.
It does not matter for the purposes of subsection (1) whether the persons to whom the relevant service is advertised are only students, or only a particular category of students, or include persons other than students.
For this purpose a person advertises a relevant service if, and only if, the person makes arrangements for an advertisement in which the person— to provide or arrange for another person to provide a relevant service.
offers, or
is described or presented as available or competent,
A person guilty of an offence under this section is liable on summary conviction to a fine.
If an offence under this Chapter committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of— that person (as well as the body corporate) is guilty of that offence and liable to be proceeded against and punished accordingly.
a director, manager, secretary or other similar officer of the body corporate, or
a person who was purporting to act in any such capacity,
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as it applies to a director of the body corporate.
Proceedings for an offence alleged to have been committed under this Chapter by an unincorporated body are to be brought in the name of that body (and not in the name of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation.
A fine imposed on an unincorporated body on its conviction of an offence under this Chapter is to be paid out of the funds of that body.
If an unincorporated body is charged with an offence under this Chapter, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 apply as they apply in relation to a body corporate.
Where an offence under this Chapter committed by an unincorporated body other than a partnership is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, any officer of the body or any member of its governing body, that person (as well as the body) is guilty of the offence and liable to be proceeded against and punished accordingly.
Where an offence under this Chapter committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, a partner, that partner (as well as the body) is guilty of the offence and liable to be proceeded against and punished accordingly.
In this Chapter, the following terms have the following meanings—
“permitted assistance”, in relation to a relevant assignment, has the meaning given by section 26(8);
“personally”, in relation to an assignment that is a relevant assignment, has the extended meaning given by section 26(8);
After section 8 of the Academies Act 2010 insert—