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Changes and effects yet to be applied to Part 6:

Order continued (temp.) by S.I. 2026/169 Sch. 1

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Order continued (temp.) by S.I. 2026/169 Sch. 1

PART 6Education, Skills and Training

Adult education functions of the Secretary of State transferred to the Combined Authority in relation to the Combined Area29.

(1)

Subject to paragraph (2), the functions of the Secretary of State set out in the following provisions of ASCLA are exercisable by the Combined Authority in relation to the Combined Area—

(a)

section 86 (education and training for persons aged 19 or over and others subject to adult detention50;

(b)

section 87 (learning aims for persons aged 19 or over: provision of facilities)51; and

(c)

section 88 (learning aims for persons aged 19 or over: payment of tuition fees)52.

(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 Combined Area30.

(1)

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

(a)

section 90 (encouragement of education and training for persons aged 19 or over and others subject to adult detention)53; F2…

(b)

section 100(1) (provision of financial resources)54 F3; 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 towards 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 Combined Area.

Conditions on the exercise of functions mentioned in articles 29 and 3031.

(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(1) of ASCLA in accordance with any direction given by the Secretary of State.

(2)

In exercising the functions mentioned in articles 29 and 30, 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)55.

(3)

In paragraph (1), “award” has the same meaning as in regulation 2(1) of the Education (Fees and Awards) (England) Regulations 200756.

Modification of provisions in ASCLA32.

For the purpose of the exercise by the Combined Authority of the functions mentioned in articles 29 and 30, sections 86 to 88, 90, 100, 101, 103, 115 and 121 of ASCLA apply in relation to the Combined Authority with the modifications set out in Schedule 3.

Functions of the constituent councils to be exercised concurrently with the Combined Authority33.

(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 Combined 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: England)57;

(b)

section 13A of the Education Act 1996 (duty to promote high standards and fulfilment of potential)58;

(c)

sections 15ZA, 15ZB, 15ZC, 18A(1)(b), 514A and 560A of the Education Act 1996 (duties and powers related to the provision of education and training for persons over compulsory school age)59;

(d)

section 10 of the Education and Skills Act 2008 (local authority to promote fulfilment of duty imposed by section 2)60;

(e)

section 12 of the Education and Skills Act 2008 (duty to make arrangements to identify persons not fulfilling duty imposed by section 2)61;

(f)

section 68 of the Education and Skills Act 2008 (support services: provision by local authorities)62;

(g)

section 70 of the Education and Skills Act 2008 (local authorities: supplementary powers)63;

(h)

section 71 of the Education and Skills Act 2008 (provision of support on conditional basis: learning and support agreements)64; and

(i)

section 85 of the Education and Skills Act 2008 (co-operation as regards provision of 14–19 education and training)65.

(3)

The functions are exercisable concurrently with the constituent councils.

(4)

Any requirement in any enactment for—

(a)

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;

(b)

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

(5)

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