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PART 3Education, skills and training functions

Concurrent exercise of local authority functions5.

(1)

The functions of the constituent councils described in the provisions set out in paragraph (2), are exercisable by the Combined Authority in relation to the Area.

(2)

The provisions referred to in paragraph (1) are—

(a)

section 51A of the Further and Higher Education Act 1992 (duty to provide for named individuals) M1;

(b)

section 13A of the Education Act 1996 (duty to promote high standards and fulfilment of potential) M2;

(c)

section 560A of the Education Act 1996 (work experience for persons over compulsory school age) M3;

(d)

section 10 of the Education and Skills Act 2008 (local authority to promote fulfilment of duty imposed by section 2) M4;

(e)

section 12 of the Education and Skills Act 2008 (duty to make arrangements to identify persons not fulfilling duty imposed by section 2) M5;

(f)

section 68 of the Education and Skills Act 2008 (support services: provision by local authorities) M6;

(g)

section 70 of the Education and Skills Act 2008 (local authorities: supplementary powers) M7;

(h)

section 71 of the Education and Skills Act 2008 (provision of support on conditional basis: learning and support agreements) M8; and

(i)

section 85 of the Education and Skills Act 2008 (co-operation as regards provision of 14–19 education and training) M9.

(3)

The functions are exercisable concurrently with the constituent councils.

(4)

Any requirement in any enactment for a constituent council to exercise any of the functions referred to in paragraph (1) may be fulfilled by the exercise of that function by the Combined Authority.

(5)

The provisions referred to in paragraph (1) apply to the Combined Authority as they apply to a constituent council.

(6)

Section 10 of the Children Act 2004 M10 (co-operation to improve well-being) applies to the Combined Authority as it applies to a constituent council for the purposes of the provision of 14-19 education or training in the Area within the meaning of section 85(5) of the Education and Skills Act 2008.

Transfer of functions from the Secretary of State to the Combined Authority in relation to the Area6.

(1)

Subject to paragraph (2), the functions of the Secretary of State set out in the following provisions of the Apprenticeships, Skills, Children and Learning Act 2009 M11 are exercisable by the Combined Authority in relation to the Area—

(a)

section 86 (education and training for persons aged 19 or over and others subject to adult detention) M12;

(b)

section 87 (learning aims for persons aged 19 or over: provision of facilities) M13; and

(c)

section 88 (learning aims for persons aged 19 or over: payment of tuition fees) M14.

(2)

The functions mentioned in paragraph (1) do not include —

(a)

any functions relating to apprenticeship training;

(b)

any functions relating to persons subject to adult detention; or

(c)

any power to make regulations or orders.

(3)

The functions mentioned in paragraph (1) are exercisable by the Combined Authority instead of by the Secretary of State.

Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the Area7.

(1)

Subject to F1paragraphs (2), (2A) and (2B), the functions of the Secretary of State set out in the following provisions of the Apprenticeships, Skills, Children and Learning Act 2009 are exercisable by the Combined Authority in relation to the Area—

(a)

section 90 (encouragement of education and training for persons aged 19 or over and others subject to adult detention); F2…

(b)

section 100(1) (provision of financial resources) M15F3; and

(c)

section 100(1B) (provision of financial resources in connection with approved technical education qualifications or approved steps towards occupational competence).

(2)

The functions mentioned in paragraph (1) do not include—

F4(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

any function relating to persons subject to adult detention.

F5(2A)

The functions mentioned in paragraph (1)(a) and (b) do not include any function relating to apprenticeship training.

(2B)

The function mentioned in paragraph (1)(c) does not include any function relating to a person who, at the time of starting a course of study for an approved technical education qualification or starting to take approved steps toward occupational competence, is—

(a)

aged under 19; or

(b)

aged under 25 for whom an EHC Plan is maintained.

(2C)

In paragraph (2B), an “EHC Plan” means a plan within the meaning of section 37(2) of the Children and Families Act 2014.

(3)

The functions mentioned in paragraph (1) are exercisable concurrently with the Secretary of State in relation to the Area.

Conditions on the exercise of functions mentioned in articles 6 and 78.

(1)

The Combined Authority must adopt rules of eligibility for awards by an institution to which it makes grants, loans or other payments under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 in accordance with any direction given by the Secretary of State.

(2)

In exercising the functions mentioned in articles 6 and 7, the Combined Authority must have regard to guidance issued by the Secretary of State for the purpose of this article (as amended from time to time or as replaced by a subsequent document) M16.

(3)

In paragraph (1), “award” has the same meaning as in regulation 2 of the Education (Fees and Awards) (England) Regulations 2007 M17.

Modification of provisions in the Apprenticeships, Skills, Children and Learning Act 20099.

For the purpose of the exercise by the Combined Authority of the functions mentioned in articles 6 and 7, sections 86 to 88, 90, 100, 101, 103, 115 and 121 of the Apprenticeships, Skills, Children and Learning Act 2009 apply in relation to the Combined Authority with the modifications set out in Schedule 1.