Apprenticeships, Skills, Children and Learning Act 2009

(39A) (1) Subsection (2) applies where a youth offending team becomes aware that— (a) a child or young person has become subject to a detention order and is detained in relevant youth accommodation, or (b) a child or young person who is subject to a detention order has been transferred from one place of accommodation to another which is relevant youth accommodation. (2) The youth offending team must as soon as practicable notify— (a) the home local authority, and (b) the host local authority, of the place where the child or young person is detained. (3) Subsection (4) applies where a youth offending team becomes aware that a person has been released having immediately before release been— (a) subject to a detention order, and (b) detained in relevant youth accommodation. (4) The youth offending team must as soon as practicable notify the following authorities of the release— (a) the home local authority; (b) the host local authority; (c) any other local authority in whose area the youth offending team expects the person to live on release. (5) Nothing in this section requires a youth offending team to notify a local authority of any matter of which the authority is already aware. (6) In this section— - “home local authority”, in relation to a child or young person, means the local authority which is the home authority in relation to that person within the meaning of Chapter 5A of Part 10 of the Education Act 1996 (persons detained in youth accommodation); - “host local authority”, in relation to a child or young person who is detained in relevant youth accommodation, means the local authority for the area in which that person is detained; - “local authority” has the meaning given by section 579(1) of the Education Act 1996; - “young person” includes a person who is aged 18; and references in this section to a person subject to a detention order and to relevant youth accommodation have the same meanings as they have in the Education Act 1996 (see section 562(1A) of that Act).

Release from detention of child or young person with special educational needs

52

• (1) The Education Act 1996 (c. 56) is amended as follows.

• (2) After section 312 insert—

(312A) (1) No provision of, or made under, this Part applies in relation to a child who is subject to a detention order and detained in relevant youth accommodation. (2) The following provisions of this section apply where a child who has been subject to a detention order is released having, immediately before release, been detained in relevant youth accommodation. (3) Subject to subsection (6), a statement which was maintained for the child by a local authority under section 324 immediately before the beginning of the detention is, from the child's release, to be treated as being maintained by that authority under section 324. (4) In subsection (3) “the beginning of the detention” means— (a) the beginning of the period of detention in relevant youth accommodation, or (b) where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period. (5) For the purposes of subsection (4), it is immaterial whether or not a period of detention is pursuant to a single order. (6) Where, on the child's release, a local authority (“the new authority”) other than the authority mentioned in subsection (3) (“the old authority”) becomes responsible for the child for the purposes of this Part— (a) the old authority must transfer the statement to the new authority, and (b) from the child's release, the statement is to be treated as being maintained by the new authority under section 324.

• (3) In section 328(5) (reviews of educational needs), at the end of paragraph (a) (but before “and”) insert—

(aa) where the child concerned— (i) has been subject to a detention order, and (ii) immediately before release was detained in relevant youth accommodation, on the child's release from detention,

.

Transport in England

Provision of transport etc for persons of sixth form age: duty to have regard to section 15ZA duty

53

In section 509AB(3) of the Education Act 1996 (c. 56) (provision of transport etc for persons of sixth form age in England: matters to which local authorities must have regard) after paragraph (b) insert—

(ba) what they are required to do under section 15ZA(1) in relation to persons of sixth form age,

.

Transport policy statements for persons of sixth form age: consultation

54

In section 509AB(6) of the Education Act 1996 (people to be consulted when preparing transport policy statements for persons of sixth form age in England), in paragraph (c), before “and” insert—

(ca) persons in the local authority's area who will be of sixth form age when the statement has effect, and their parents,

.

Transport policy statements for persons of sixth form age: content and publication

55

• (1) In section 509AB of the Education Act 1996 (provision about transport policy statements for persons of sixth form age in England), after subsection (7) insert—

(7A) In preparing and publishing a statement under section 509AA, a local authority must have regard (among other things) to the need to— (a) include in the statement sufficient information about the matters that the statement must specify, and (b) publish the statement in time, to enable persons who will be of sixth form age when the statement has effect and their parents to take reasonable account of those matters when choosing between different establishments at which education or training is provided.

• (2) In section 509AA(10) of that Act (time by which transport policy statements for persons of sixth form age in England must be published) for “by substituting a different date for 31st May” substitute “ to change the time by which the statement must be published ”.

Complaints about transport arrangements etc for persons of sixth form age

56

• (1) The Education Act 1996 is amended as follows.

• (2) After section 509AD (local authorities in England: duty to have regard to religion or belief in exercise of travel functions) insert—

(509AE) (1) A local authority may revise a statement prepared under section 509AA to change the arrangements specified under subsection (2) or (3) of that section if, as a result of a sixth form transport complaint, they have come to consider the change necessary for the purpose of the arrangements specified under the subsection in question. (2) A local authority must revise a statement prepared under section 509AA to change the arrangements specified under subsection (2) or (3) of that section if, as a result of a sixth form transport complaint, the Secretary of State has directed them to do so. (3) An authority that revise a statement under subsection (1) or (2) must publish the revised statement and a description of the revision as soon as practicable. (4) The Secretary of State need not consider whether to exercise any power under sections 496 to 497A (powers to prevent unreasonable exercise of functions, etc), section 509AA(9) (power to require local authority to make additional transport arrangements), or subsection (2) of this section in response to a matter that is, or could have been, the subject of a sixth form transport complaint made to him or her unless satisfied that— (a) the matter has been brought to the notice of the local authority concerned, and (b) the authority have had a reasonable opportunity to investigate the matter and respond. (5) In this section “sixth form transport complaint” means a complaint that is— (a) about a local authority's exercise of, or failure to exercise, a function under sections 509AA to 509AD in relation to persons of sixth form age, and (b) made by a person who is, or will be, a person of sixth form age when the matter complained of has effect, or by a parent of such a person, and “sixth form age” is to be construed in accordance with section 509AC(1). (6) For the purposes of sections 509AA(8) and (9), 509AB(1) to (5), 509AC and 509AD, the revision of a statement under this section is to be treated as the preparation of a statement under section 509AA. (7) Where a local authority have published in a single document a statement prepared under section 508G and a statement prepared under 509AA, the requirement to publish a revised statement under subsection (3) is to be treated as a requirement to publish a version of the document that includes the revised statement.

• (3) In section 509AA (provision of transport etc for persons of sixth form age), at the end insert—

(11) Subsection (9) is subject to section 509AE (complaints about transport arrangements etc for persons of sixth form age in England).

Local education authorities in England: provision of transport etc for adult learners

57

• (1) The Education Act 1996 (c. 56) is amended as follows.

• (2) After section 508E (Local authorities in England: school travel schemes) insert—

(508F) (1) A local authority in England must make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purposes mentioned in subsections (2) and (3). (2) The first purpose is to facilitate the attendance of adults receiving education at institutions— (a) maintained or assisted by the authority and providing further or higher education (or both), or (b) within the further education sector. (3) The second purpose is to facilitate the attendance of relevant young adults receiving education or training at institutions outside both the further and higher education sectors, but only in cases where the local authority have secured for the adults in question— (a) the provision of education or training at the institution in question, and (b) the provision of boarding accommodation under section 514A. (4) Any transport provided under subsection (1) must be provided free of charge. (5) In considering what arrangements it is necessary to make under subsection (1) in relation to relevant young adults, a local authority must have regard to what they are required to do under section 15ZA(1) in relation to those persons. (6) In considering whether they are required by subsection (1) to make arrangements in relation to a particular adult, a local authority must have regard (among other things) to the age of the adult and the nature of the route, or alternative routes, which the adult could reasonably be expected to take. (7) Arrangements made under subsection (1) by virtue of subsection (3) to facilitate full-time education or training at an institution outside both the further and higher education sectors must be no less favourable than the arrangements made for relevant young adults of the same age for whom the authority secure the provision of education at another institution. (8) A local authority in England may pay all or part of the reasonable travelling expenses of an adult— (a) receiving education or training at an institution mentioned in subsection (2) or (3), and (b) for whose transport no arrangements are made under subsection (1). (9) In this section— - “adult” means a person who is neither a child nor a person of sixth form age, - “sixth form age” is to be construed in accordance with section 509AC(1), and - “relevant young adult” means an adult who is aged under 25 and is subject to learning difficulty assessment. (508G) (1) A local authority in England making arrangements, or proposing to pay travelling expenses, under section 508F in relation to relevant young adults must consult— (a) any other local authority that they consider it appropriate to consult, (b) governing bodies of institutions within the further education sector in the authority's area, (c) persons in the local authority's area who will be relevant young adults when the arrangements or payments have effect, and their parents, (d) the Secretary of State, and (e) any other person specified by the Secretary of State. (2) The authority must prepare for each academic year a transport policy statement complying with the following requirements. (3) The statement must specify any transport or other arrangements, and any payment of travelling expenses, made or to be made in relation to the year under section 508F in relation to relevant young adults. (4) The statement must also specify any travel concessions (within the meaning of Part 5 of the Transport Act 1985) which are to be provided under any scheme established under section 93 of that Act to relevant young adults receiving education or training at an institution mentioned in subsection (2) or (3) of section 508F. (5) The authority must publish the statement by the end of May in the year in which the relevant academic year begins. (6) In preparing and publishing the statement, the authority must have regard (among other things) to the need to— (a) include in the statement sufficient information about the matters that the statement must specify, and (b) publish the statement in time, to enable relevant young adults and their parents to take reasonable account of those matters when choosing between different institutions at which education or training is provided. (7) The publication of a statement under this section in relation to an academic year does not prevent an authority from— (a) making additional arrangements or payments under section 508F in relation to the academic year, or (b) providing additional travel concessions in relation to the academic year. (8) The Secretary of State may amend subsection (5) by order to change the time by which the statement must be published. (9) In this section— - “academic year” has the meaning given in section 509AC, - “governing body” has the meaning given in section 509AC, and - “relevant young adult” has the meaning given in section 508F. (508H) In making arrangements under section 508F(1) and preparing and publishing a statement under section 508G, a local authority must have regard to any guidance issued by the Secretary of State under this section. (508I) (1) A local authority may revise a statement prepared under section 508G to change any matter specified under subsection (3) of that section if, as a result of a relevant young adult transport complaint, they have come to consider the change necessary for a purpose mentioned in section 508F(2) or (3). (2) A local authority must revise a statement prepared under section 508G to change any matter specified in subsection (3) of that section if, as a result of a relevant young adult transport complaint, the Secretary of State has directed them to do so. (3) An authority that revise a statement under subsection (1) or (2) must publish the revised statement and a description of the revision as soon as practicable. (4) The Secretary of State need not consider whether to exercise any power under sections 496 to 497A (powers to prevent unreasonable exercise of functions, etc) or subsection (2) of this section in response to a matter that is, or could have been, the subject of a relevant young adult transport complaint made to him or her unless satisfied that— (a) the matter has been brought to the notice of the local authority concerned, and (b) the authority have had a reasonable opportunity to investigate the matter and respond. (5) In this section “relevant young adult transport complaint” means a complaint that is— (a) about a local authority's exercise of, or failure to exercise, a function under section 508F or 508G in relation to relevant young adults, and (b) made by a person who is, or will be, a relevant young adult when the matter complained of has effect, or by a parent of such a person, and “relevant young adult” has the meaning given in section 508F. (6) For the purposes of sections 508G(7) and 508H, the revision of a statement under this section is to be treated as the preparation of a statement under section 508G. (7) Where a local authority have published in a single document a statement prepared under section 509AA and a statement prepared under 508G, the requirement to publish a revised statement under subsection (3) is to be treated as a requirement to publish a version of the document that includes the revised statement.

• (3) In section 509AD(2) (Local authorities in England: duty to have regard to religion or belief in exercise of travel functions) for the entry relating to section 508F substitute—

section 508F (Local authorities in England: provision of transport etc for adult learners);

.

• (4) Section 509 (provision of transport etc) ceases to have effect.

• (5) Section 81 of the Education and Inspections Act 2006 (c. 40) (Local authorities in England: provision of transport etc for certain adult learners) ceases to have effect.

Powers in respect of non-maintained schools

Power of LEAs to arrange provision of education at non-maintained schools

58

• (1) The following provisions cease to have effect—

• (a) section 128 of the School Standards and Framework Act 1998 (c. 31), and

• (b) paragraph 64 of Schedule 30 to that Act.

• (2) Accordingly, sections 16 and 18 of the Education Act 1996 (c. 56) (powers of local authorities to assist, and arrange provision of education at, non-maintained schools) continue to have effect as if the provisions mentioned in subsection (1) had never been enacted.

General

Minor and consequential amendments

59

Schedule 2 contains minor and consequential amendments relating to the provision made by this Part.

Part 3 — The Young People's Learning Agency for England

Chapter 1 — Establishment

The Young People’s Learning Agency for England

60

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Chapter 2 — Main functions

Funding

Provision of financial resources

61

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Financial resources: conditions

62

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Performance assessments

63

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Means tests

64

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Prohibition on charging

65

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Securing provision of education and training

Securing provision of education and training

66

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Intervention for purpose of securing provision of education and training

67

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Provision of services and assistance

Provision of services

68

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Assistance with respect to employment and training

69

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Assistance with respect to employment and training: Northern Ireland

70

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Miscellaneous

Research, information and advice

71

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Guidance by YPLA

72

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Intervention powers: policy statement

73

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Power to confer supplementary functions on YPLA

74

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Chapter 3 — YPLA's functions: supplementary

Directions by Secretary of State

75

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Guidance by Secretary of State

76

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Chapter 4 — Academy agency arrangements

Academy arrangements

77

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Grants for purposes of Academy arrangements functions

78

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Academy arrangements: information sharing

79

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Chapter 5 — General

Interpretation of Part

80

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Part 4 — Apprenticeships and adult education and training: role of Secretary of State

Chapter 1 — Apprenticeships and adult education and training

...

The Chief Executive of Skills Funding

81

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...

Apprenticeship functions

82

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Apprenticeship training for persons aged 16 to 18 and certain young adults

Apprenticeship training for persons aged 16 to 18 and certain young adults

83

• (1) The Secretary of State may secure the provision of facilities for suitable apprenticeship training for persons—

• (a) who are over compulsory school age but under 19, or

• (b) who are aged 19 or over but under 25 and for whom an EHC plan is maintained .

• (2) In deciding for the purposes of subsection (1) whether apprenticeship training is suitable for persons for whom facilities are provided, the Secretary of State must have regard (in particular) to—

• (a) the persons' ages, abilities and aptitudes,

• (b) any special educational needs the persons may have,

• (c) the quality of the training,

• (d) the locations and times at which the training is provided.

• (3) In exercising the power conferred by subsection (1), the Secretary of State must have regard (in particular) to the desirability of—

• (a) encouraging diversity of apprenticeship training available to persons;

• (b) increasing opportunities for persons to exercise choice;

• (c) enabling persons to whom Part 1 of the Education and Skills Act 2008 (c. 25) applies to fulfil the duty imposed by section 2 of that Act (duty to participate in education or training).

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this Part “apprenticeship training” means training provided in connection with—

• (a) an approved English apprenticeship, or

• (b) any contract of service (other than an approved English apprenticeship agreement) or contract of apprenticeship.

Arrangements and co-operation with local education authorities

84

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Encouragement of training provision etc for persons within section 83

85

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Education and training for persons aged 19 or over etc.

Education and training for persons aged 19 or over and others subject to adult detention

86

• (1) The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate for—

• (a) education suitable to the requirements of persons who are aged 19 or over, other than persons aged under 25 for whom an EHC plan is maintained,

• (b) education suitable to the requirements of persons who are subject to adult detention, and

• (c) training suitable to the requirements of persons within paragraphs (a) and (b).

• (2) This section does not apply to the provision of facilities to the extent that section 83A or 87 applies to the provision of those facilities.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) For the purposes of this section a reference to the provision of facilities for education or training (except so far as relating to facilities for persons subject to adult detention) includes a reference to the provision of facilities for organised leisure-time occupation in connection with education or (as the case may be) training.

• (6) For the purposes of this section—

• “education” includes full-time and part-time education;

• “training” includes—full-time and part-time training;vocational, social, physical and recreational training;apprenticeship training.

• (7) In this Part, “organised leisure-time occupation” means leisure-time occupation, in such organised cultural training and recreational activities as are suited to the requirements of persons who fall within subsection (1)(a) or (b), for any such persons who are able and willing to profit by facilities provided for that purpose.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Learning aims for persons aged 19 or over: provision of facilities

87

• (1) The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate for relevant education or training for persons falling within subsection (3) which is suitable to their requirements.

• (2) Relevant education or training is education or vocational training provided by means of a course of study for a qualification to which paragraph 1 of Schedule 5 applies.

• (3) The persons falling within this subsection are persons who—

• (a) are aged 19 or over, and are not persons aged under 25 for whom an EHC plan is maintained,

• (b) do not have the qualification in question or one (including one awarded by a person outside England) which appears to the Secretary of State to be at a comparable or higher level, and

• (c) satisfy such conditions as may be specified in regulations.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) For the purposes of this section—

• “education” includes full-time and part-time education;

• “training” includes full-time and part-time training.

Learning aims for persons aged 19 or over: payment of tuition fees

88

• (1) Functions under this Part must be exercised by the Secretary of State so as to secure that a course of study for a qualification to which paragraph 1(a), (b) or (ba) of Schedule 5 applies is free to a person falling within subsection (2) if it is provided for the person by virtue of facilities whose provision is secured under section 87.

• (2) A person falls within this subsection if, at the time of starting the course in question, the person—

• (a) is aged 19 or over,

• (b) does not have the qualification in question or one (including one awarded by a person outside England) which appears to the Secretary of State to be at a comparable or higher level, and

• (c) satisfies such conditions as may be specified in regulations.

• (2A) Functions under this Part must be exercised by the Secretary of State so as to secure that a course of study for a qualification to which paragraph 1(c) of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 87.

• (3) Functions under this Part must be exercised by the Secretary of State so as to secure that a course of study for a qualification to which paragraph 2 of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 86.

• (4) A person falls within this subsection if, at the time of starting the course in question, the person—

• (a) is aged at least 19 but less than 24 ,

• (b) does not have the qualification in question or one (including one awarded by a person outside England) which appears to the Secretary of State to be at a comparable or higher level, and

• (c) satisfies such conditions as may be specified in regulations.

• (5) The Secretary of State may by order—

• (a) amend subsection (2)(a) by substituting a different age for the age for the time being referred to;

• (b) amend subsection (4)(a) by substituting a different age for either of the ages for the time being referred to.

• (6) For the purposes of this section, a course is free to a person if no tuition fees in respect of the provision of the course for the person are payable by a person other than—

• (a) the Secretary of State, or

• (b) a body specified by order by the Secretary of State for the purposes of this section.

• (7) In subsection (6) “tuition fees”, in relation to a course, means—

• (a) the fees charged in respect of the course by the person providing it, and

• (b) such fees in respect of other matters relating to the course (such as undergoing a preliminary assessment or sitting an examination) as may be specified in regulations.

Sections 87 and 88: supplementary

89

• (1) Regulations may make provision as to circumstances in which—

• (a) despite having a specified qualification, a person is to be treated for the purposes of section 87 or 88 as not having that qualification;

• (b) despite not having a specified qualification, a person is to be treated for any of those purposes as having that qualification.

• (2) A condition specified in regulations under section 87 or 88 may, in particular, relate to—

• (a) the possession, or lack, of a specified qualification;

• (b) the completion of, or failure to complete, a course for a specified qualification.

• (3) A reference in subsection (1) or (2) to a specified qualification is to a qualification specified, or of a description specified, in the regulations.

• (4) Regulations under this section, or under section 87 or 88, may confer a function (which may relate to the administration of an assessment and may include the exercise of a discretion) on a person specified, or of a description specified, in the regulations.

• (5) Nothing in section 87 or 88 applies to the provision of facilities, or to courses of study, for persons subject to adult detention.

• (6) Part 2 of Schedule 5 makes further provision for the purposes of sections 87 and 88.

Encouragement of education and training for persons aged 19 or over and others subject to adult detention

90

• (1) The Secretary of State must—

• (a) encourage participation by persons within section 86(1)(a) and (b) in education and training within the Secretary of State's remit under this Part;

• (b) encourage employers to participate in the provision of education and training within the Secretary of State's remit under this Part for persons within section 86(1)(a);

• (c) encourage employers to contribute to the costs of education and training within the Secretary of State's remit under this Part for such persons.

• (2) For the purposes of subsection (1)(b), participating in the provision of training includes participating by entering into—

• (a) an approved English apprenticeship, or

• (b) any contract of employment (other than an approved English apprenticeship agreement) in connection with which training is provided.

The apprenticeship offer

Duty to secure availability of apprenticeship places

91

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Election for apprenticeship offer

92

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Meaning of “apprenticeship place”

93

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Suitability and availability of apprenticeship places: further provision

94

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Apprenticeship offer requirements

95

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Apprenticeship offer requirements: interpretation

96

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Suspension of offer

97

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Power to amend apprenticeship offer

98

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Apprenticeship offer: interpretation

99

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Chapter 2 — Provision of services to other bodies

Funding

Provision of financial resources

100

• (1) The Secretary of State may secure the provision of financial resources under this subsection to—

• (a) persons providing or proposing to provide education or training within the Secretary of State's remit under this Part;

• (b) persons providing or proposing to provide goods or services in connection with the provision by others of such education or training;

• (c) persons receiving or proposing to receive such education or training;

• (d) persons aged 18 receiving or proposing to receive education or training;

• (e) persons making loans to others receiving or proposing to receive education or training;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) persons undertaking or proposing to undertake research relating to education or training;

• (h) persons carrying out means tests under arrangements made under section 103;

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (j) persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).

• (1A) The Secretary of State may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1))—

• (a) for the purpose of encouraging the provision of opportunities for individuals to complete English statutory apprenticeships or to undertake work following the completion of such apprenticeships, or

• (b) otherwise in connection with English statutory apprenticeships.

• (1AA) The Secretary of State may secure the provision of financial resources under this subsection (whether or not the resources could be secured under subsection (1)) to any of the persons mentioned in subsection (1) in respect of functions under this Part that are exercisable by a combined authority by virtue of an order made under section 105A of the Local Democracy, Economic Development and Construction Act 2009.

• (1AB) The Secretary of State may secure the provision of financial resources under this subsection (whether or not the resources could be secured under subsection (1)) to any of the persons mentioned in subsection (1) in respect of functions under this Part that are exercisable by a combined county authority by virtue of regulations made under section 19(1) of the Levelling-up and Regeneration Act 2023.

• (1AC) The Secretary of State may secure the provision of financial resources under this subsection (whether or not the resources could be secured under subsection (1)) to any of the persons mentioned in subsection (1) in respect of functions under this Part that are exercisable by a local authority by virtue of regulations made under section 16(1) of the Cities and Local Government Devolution Act 2016.

• (1B) The Secretary of State may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1)) in connection with approved technical education qualifications or approved steps towards occupational competence.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The Secretary of State may secure the provision of financial resources under this section—

• (a) by providing the resources;

• (b) by making arrangements for the provision of resources by another person;

• (c) by making arrangements for the provision of resources by persons jointly (whether or not including the Secretary of State).

• (4) The Secretary of State may secure the provision of financial resources under this section by reference to—

• (a) any fees or charges payable by the person receiving or proposing to receive the education or training, or

• (b) any other matter (such as transport or childcare).

• (5) In this section—

“approved steps towards occupational competence” has the meaning given by section A2D4;

“approved technical education qualification” has the meaning given by section A12(1);

“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

“English statutory apprenticeship” has the same meaning as in section 40A (see subsection (3) of that section).

Financial resources: conditions

101

• (1) Financial resources provided by the Secretary of State under section 100 may be provided subject to conditions , subject to section 101A.

• (2) The conditions may (among other things) include—

• (a) information conditions;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) repayment conditions.

• (3) Information conditions are conditions which—

• (a) require the Secretary of State, or a person designated by the Secretary of State, to be given access to a person's accounts and documents and to be given rights in relation to a person's computers and associated apparatus and material, or

• (b) require a person to whom financial resources are provided to give to the Secretary of State such information as the Secretary of State may request for the purpose of carrying out functions under this Part.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Repayment conditions are conditions which—

• (a) enable the Secretary of State to require the repayment (in whole or part) of sums paid by the Secretary of State if any of the conditions subject to which the sums were paid is not complied with;

• (b) require the payment of interest in respect of any period in which a sum due to the Secretary of State in accordance with any condition is unpaid.

Performance assessments

102

• (1) The Secretary of State may adopt or develop schemes for the assessment of the performance of persons in providing education or training within the Secretary of State's remit under this Part .

• (2) The Secretary of State may take the assessments into account in deciding how to exercise the powers under section 100.

Means tests

103

• (1) For the purpose of the exercise of the powers under section 100(1)(c), (d) or (e), the Secretary of State may—

• (a) carry out means tests;

• (b) arrange for other persons to carry out means tests.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Apprenticeships: general

Assistance and support in relation to apprenticeship places

104

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

Promoting progression from level 2 to level 3 apprenticeships

105

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

Advice and assistance in relation to apprenticeships

106

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

Provision of services and assistance

Provision of services

107

• (1) The Secretary of State may make arrangements with a permitted recipient for the provision by the Secretary of State of services that are required by the permitted recipient in connection with the exercise of the recipient's functions relating to education or training.

• (2) The services that may be provided under arrangements made under subsection (1) include—

• (a) providing accommodation and other facilities to a permitted recipient or managing such facilities on behalf of a permitted recipient;

• (b) procuring, or assisting in procuring, goods and services for use by a permitted recipient.

• (3) The terms and conditions upon which the arrangements are made may include provision for making payments to the Secretary of State in respect of expenditure incurred by the Secretary of State in performing any function under the arrangements.

• (4) In this section “permitted recipient” means—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the Welsh Ministers;

• (c) the Scottish Ministers;

• (d) a Northern Ireland department;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) a person, wholly or partly funded from public funds, who has functions relating to education or training;

• (g) any other person specified, or of a description specified, by order made by the appropriate national authority for the purposes of this section.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Before making arrangements under which it may provide services to a permitted recipient who falls within paragraph (a), (e), (f) or (g) of subsection (4) in connection with the exercise of the recipient's functions relating to education or training provided in Wales, Scotland or Northern Ireland, the Secretary of State must obtain—

• (a) in relation to education or training provided in Wales, the consent of the Welsh Ministers;

• (b) in relation to education or training provided in Scotland, the consent of the Scottish Ministers;

• (c) in relation to education or training provided in Northern Ireland, the consent of the Minister for Employment and Learning in Northern Ireland.

• (7) Consent may be given under subsection (5) or (6) in relation to particular arrangements or arrangements of a particular description.

• (8) “The appropriate national authority” means—

• (a) in relation to a person exercising functions relating only to education or training provided in Wales, the Welsh Ministers;

• (b) in relation to a person exercising functions relating only to education or training provided in Scotland, the Scottish Ministers;

• (c) in relation to a person exercising functions relating only to education or training provided in Northern Ireland, the Department for Employment and Learning in Northern Ireland;

• (d) in any other case, the Secretary of State.

Assistance with respect to employment and training

108

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

Assistance with respect to employment and training: Northern Ireland

109

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

...

Research, information and advice

110

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

Power to confer supplementary functions on Chief Executive

111

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

Chapter 3 — ... supplementary

Strategies

Strategies for functions of Chief Executive

112

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

Strategy for functions of Chief Executive: Greater London

113

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

Strategies: duty of Chief Executive

114

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

Other

Persons with learning difficulties

115

• (1) The Secretary of State must, in performing functions under this Part, have regard to the needs of persons with special educational needs to whom this section applies.

• (2) This section applies to—

• (a) persons who are aged 19 or over, other than persons aged under 25 for whom an EHC plan is maintained, and

• (b) persons who are subject to adult detention.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons subject to adult detention

116

The Secretary of State must, in performing functions under this Part , have regard to the needs of persons subject to adult detention.

Use of information by Chief Executive

117

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

Guidance

118

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

Directions: funding of qualifications

119

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

Other directions relating to functions of the office

120

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

Chapter 4 — General

Interpretation of Part

121

• (1) In this Part—

• ...

• “apprenticeship training” has the meaning given by section 83;

• “approved English apprenticeship” has the meaning given by section A1(2);

• “approved steps towards occupational competence” has the meaning given by section A2D4;

• “approved technical education qualification” has the meaning given by section A12;

• ...

• “organised leisure-time occupation” has the meaning given by section 86.

• technical education qualification” has the meaning given by section A12;

• (2) In this Part a reference to education within the Secretary of State's remit under this Part is a reference to—

• (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 Secretary of State's remit under this Part is a reference to—

• (a) training falling within section 83(1),

• (aa) training falling within section 83A(1),

• (b) training falling within section 86(1)(c), and

• (c) organised leisure-time occupation in connection with training falling within section 86(1)(c).

• (4) For the purposes of this Part a person is subject to adult detention if the person is subject to a detention order and—

• (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

• (ii) a prison.

Part 5 — Parts 2 to 4: supplementary

Information

Sharing of information for education and training purposes

122

• (1) A person within subsection (3) may provide information to another person 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.

• (3) The persons within this subsection are—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the Secretary of State;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) a person providing services to the Secretary of State

• (fa) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

• (fb) a person providing services to a combined authority;

• (fc) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• (fd) a person providing services to a combined county authority;

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The persons within this subsection are—

• (a) a local authority in England;

• (b) a person providing services to a local authority in England in connection with a relevant function of the authority .

• (5) In this section, “relevant function” means—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) any function of the Secretary of State relating to education or training, ...

• (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) any education function of a local authority in England, ...

• (d) any function of a combined authority under Part 4 that is exercisable by it by virtue of an order under section 105A of the Local Democracy, Economic Development and Construction Act 2009 , ...

• (e) any function of a combined authority under Part 4 that is exercisable by it by virtue of regulations made under section 19(1) of the Levelling-up and Regeneration Act 2023. , or

• (f) any function of a local authority in England under Part 4 that is exercisable by it by virtue of regulations made under section 16(1) of the Cities and Local Government Devolution Act 2016,

other than a function under this section.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 information.

The Learning and Skills Council for England

Dissolution of the Learning and Skills Council for England

123

• (1) The Learning and Skills Council for England ceases to exist on the day on which this section comes into force.

• (2) Schedule 6 contains minor and consequential amendments in relation to the dissolution of the Learning and Skills Council for England.

Dissolution of the Learning and Skills Council: transfer schemes

124

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 persons.

Part 6 — The sixth form college sector

Sixth form college sector

125

Schedule 8 makes provision about the sixth form college sector.

Removal of power to establish sixth form schools

126

• (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 authority in England may not under subsection (1) establish a school which is principally concerned with the provision of 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—

(5A) A local 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 subsection (1)(a) after “school” insert “ , other than one providing education suitable only to the requirements of persons above compulsory school age ”.

• (5) In section 11 (publication of proposals to establish maintained schools: special cases) omit subsections (1)(b) and (2)(a).

Part 7 — The Office of Qualifications and Examinations Regulation

Chapter 1 — Establishment, objectives and general duties

Establishment

The Office of Qualifications and Examinations Regulation

127

• (1) There is to be a body corporate known as the Office of Qualifications and Examinations Regulation.

• (2) In this Part that body is referred to as “Ofqual”.

• (3) Schedule 9 makes further provision about Ofqual.

Objectives and general duties

Objectives

128

• (1) Ofqual's objectives are—

• (a) the qualifications standards objective,

• (b) the assessments standards objective,

• (c) the public confidence objective,

• (d) the awareness objective, and

• (e) the efficiency objective.

• (2) The qualifications standards objective is to secure that—

• (a) regulated qualifications give a reliable indication of knowledge, skills and understanding, and

• (b) regulated qualifications indicate —

• (i) a consistent level of attainment (including over time) between comparable regulated qualifications, and

• (ii) a consistent level of attainment (but not over time) between regulated qualifications and comparable qualifications (including those awarded outside the United Kingdom) which are not qualifications to which this Part applies.

• (3) The assessments standards objective is to promote the development and implementation of regulated assessment arrangements which—

• (a) give a reliable indication of achievement, and

• (b) indicate a consistent level of attainment (including over time) between comparable assessments.

• (4) The public confidence objective is to promote public confidence in regulated qualifications and regulated assessment arrangements.

• (5) The awareness objective is to promote awareness and understanding of—

• (a) the range of regulated qualifications available,

• (b) the benefits of regulated qualifications to learners, employers and institutions within the higher education sector, and

• (c) the benefits of recognition under section 132 to bodies awarding or authenticating qualifications to which this Part applies.

• (6) The efficiency objective is to secure that regulated qualifications are provided efficiently and in particular that any relevant sums payable to a body awarding or authenticating a qualification in respect of which the body is recognised under section 132 represent value for money.

• (7) For the purposes of subsection (6) a sum is relevant if it is payable in respect of the award or authentication of the qualification in question.

General duties

129

• (1) So far as reasonably practicable, in performing its functions Ofqual must act in a way—

• (a) which is compatible with its objectives, and

• (b) which it considers most appropriate for the purpose of meeting its objectives.

• (2) So far as relevant, in performing its functions Ofqual must have regard to—

• (a) the need to ensure that the number of regulated qualifications available for award or authentication is appropriate;

• (b) the other reasonable requirements of relevant learners, including persons with special educational needs or additional learning needs;

• (c) the reasonable requirements of pupils and children, including persons with special educational needs or additional learning needs, in relation to regulated assessment arrangements;

• (d) the reasonable requirements of industry, commerce, finance, the professions and other employers regarding education and training (including required standards of practical competence);

• (e) the reasonable requirements of institutions within the higher education sector;

• (f) information provided to Ofqual by a person falling within subsection (4);

• (g) the desirability of facilitating innovation in connection with the provision of regulated qualifications;

• (h) the specified purposes of regulated assessment arrangements.

• (3) For the purposes of subsection (2)(a) the number of regulated qualifications available for award or authentication is appropriate if the number is such that—

• (a) there is a reasonable level of choice for learners, in terms of both the number of different regulated qualifications and the number of different forms of such qualifications, but

• (b) the number of different regulated qualifications in similar subject areas or serving similar functions is not excessive.

• (4) The persons falling within this subsection are—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) Her Majesty's Chief Inspector of Education, Children's Services and Skills;

• (c) such other relevant persons, or relevant persons of such a description, as the Secretary of State may direct.

• (5) In subsection (4)(c) “relevant person” means a person who appears to the Secretary of State to have knowledge of, or expertise in, requirements of a kind mentioned in subsection (2)(d).

• (6) In performing its functions Ofqual must also have regard to such aspects of government policy as the Secretary of State may direct.

• (7) The Secretary of State must publish a direction given under subsection (6).

• (8) Ofqual must perform its functions efficiently and effectively.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) “Relevant learner” means a person seeking to obtain, or who may reasonably be expected to seek to obtain, a regulated qualification.

Regulated qualifications and regulated assessment arrangements

Meaning of “regulated qualifications” etc.

130

• (1) In this Part a “regulated qualification” means a qualification to which this Part applies which is awarded or authenticated by a body which is recognised under section 132 in respect of the qualification.

• (2) This Part applies to any of the following qualifications which is not an excluded qualification—

• (a) an academic or vocational qualification awarded or authenticated in England;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) An excluded qualification is any of the following—

• (a) a foundation degree;

• (b) a first degree;

• (c) a degree at a higher level.

• (4) For the purposes of subsection (2) a qualification is awarded or authenticated in England ... if there are, or may reasonably be expected to be, persons seeking to obtain the qualification who are, will be or may reasonably be expected to be assessed for those purposes wholly or mainly in England ....

• (5) The Secretary of State may by order repeal subsection (2)(b).

• (6) An order under subsection (5) may make amendments and repeals to a provision of, or in an instrument made under, this or any other Act (including any Act passed after this Act) in consequence of the repeal of subsection (2)(b).

• (7) Before making an order under subsection (5) the Secretary of State must consult the Department for Employment and Learning in Northern Ireland.

Meaning of “regulated assessment arrangements” etc.

131

• (1) This section applies for the purposes of this Part.

• (2) “Regulated assessment arrangements” means—

• (a) NC assessment arrangements, and

• (b) EYFS assessment arrangements.

• (3) “NC assessment arrangements” means arrangements made under or by virtue of an order made under section 87(3)(c) of the Education Act 2002 (c. 32) for assessing pupils in England in respect of each key stage for the specified purposes.

• (4) In subsection (3)—

• “assessing” includes testing;

• “key stage” has the same meaning as in Part 6 of the Education Act 2002 (c. 32) (see section 76 of that Act).

• (5) “EYFS assessment arrangements” means arrangements made under or by virtue of an order made under section 39(1)(a) of the Childcare Act 2006 (c. 21) for assessing children in England for the specified purposes.

• (6) “The specified purposes” in relation to regulated assessment arrangements—

• (a) if the arrangements are NC assessment arrangements, has the same meaning as in section 76(1) of the Education Act 2002;

• (b) if the arrangements are EYFS assessment arrangements, has the same meaning as in section 41(2)(c) of the Childcare Act 2006.

Chapter 2 — Functions in relation to qualifications

Recognition of awarding bodies

Recognition

132

• (1) Ofqual must recognise an awarding body in respect of the award or authentication of a specified qualification, or description of qualification, to which this Part applies if—

• (a) the awarding body has applied for recognition in the respect in question, and

• (b) the body meets the applicable criteria for recognition most recently published under section 133.

• (2) Ofqual may not recognise an awarding body if the requirements set out in paragraphs (a) and (b) of subsection (1) are not met by the body.

• (3) A recognition—

• (a) has effect from such date as Ofqual may specify,

• (b) is subject to the general conditions,

• (c) if in respect of a qualification subject to the accreditation requirement, is subject to an accreditation condition, and

• (d) is subject to such other conditions that Ofqual may impose at the time of recognition or later.

• (4) But Ofqual may, at the time of recognition or later, determine that a specified recognition is not to be subject to a specified general condition.

• (5) An accreditation condition in respect of a qualification subject to the accreditation requirement is a condition requiring that the recognised body may award or authenticate a particular form of the qualification only if, at the time of the award or authentication, that form of the qualification is accredited under section 139.

• (6) Ofqual may not charge an awarding body in respect of recognition.

• (7) If Ofqual refuses an application for recognition it must provide the awarding body with a statement setting out the reasons for its decision.

• (8) In this section “the general conditions”, in respect of a recognition of an awarding body, means the general conditions for the time being in force under section 134 which are applicable to the recognition and the body.

• (9) In this Chapter—

• “awarding body” means a person who awards or authenticates, or who proposes to award or authenticate, a qualification to which this Part applies;

• “recognised body” means an awarding body recognised under this section;

• a “recognition” means a recognition under this section.

• (10) See section 35 of the Qualifications Wales Act 2015 for provision about the effect of conditions imposed by or under this section, in respect of or for the purposes of the award in Wales by an awarding body of a form of a qualification awarded as an approved qualification (for which see section 22(4) of that Act).

Criteria for recognition

133

• (1) Ofqual must set and publish the criteria for recognition under section 132.

• (2) Different criteria may be set for—

• (a) recognition of different descriptions of awarding bodies;

• (b) recognition in respect of different qualifications or different descriptions of qualifications;

• (c) recognition in respect of credits in respect of different components of qualifications or different descriptions of components of qualifications.

• (3) Ofqual may revise the criteria.

• (4) If Ofqual revises the criteria it must publish them as revised.

• (5) Before setting or revising the criteria Ofqual must consult such persons as it considers appropriate.

General conditions of recognition

134

• (1) Ofqual must set and publish the general conditions to which a recognition is to be subject.

• (2) Different general conditions may be set for—

• (a) recognition of different descriptions of awarding bodies;

• (b) recognition in respect of different qualifications or different descriptions of qualifications;

• (c) recognition in respect of credits in respect of different components of qualifications or different descriptions of components of qualifications.

• (3) Ofqual may revise the general conditions.

• (4) If Ofqual revises the general conditions it must publish them as revised.

• (5) Before setting or revising the general conditions Ofqual must consult such persons as it considers appropriate.

Other conditions of recognition

135

• (1) The conditions of recognition that Ofqual may impose under section 132(3)(d) include in particular—

• (a) fee capping conditions;

• (b) entry and inspection conditions.

• (2) Fee capping conditions are conditions limiting the amount of a fee chargeable by a recognised body for—

• (a) the award or authentication of a qualification in respect of which the body is recognised, or

• (b) the provision of any other service in relation to such a qualification.

• (3) Entry and inspection conditions are conditions requiring permission to enter premises for the purposes of inspecting and copying documents so far as necessary for Ofqual—

• (a) to satisfy itself that the appropriate standards are being maintained by a recognised body in relation to the award or authentication of any qualification in respect of which the body is recognised, or

• (b) to determine whether to impose a fee capping condition and, if so, what that condition should be.

Fee capping conditions: supplementary

136

• (1) Ofqual may impose a fee capping condition limiting the amount of a particular fee only if satisfied that the limit is necessary in order to secure value for money.

• (2) Before imposing a fee capping condition in respect of a recognition Ofqual must give notice to the recognised body of its intention to do so.

• (3) The notice must—

• (a) set out Ofqual's reasons for proposing to impose the fee capping condition, and

• (b) specify the period during which, and the way in which, the recognised body may make representations about the proposal.

• (4) Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to impose the fee capping condition.

• (5) Ofqual must establish arrangements (the “review arrangements”) for the review, at the request of a recognised body, of a decision to impose a fee capping condition.

• (6) The review arrangements must require the decision on review to be made by a person within subsection (7).

• (7) A person within this subsection is one who—

• (a) appears to Ofqual to have skills likely to be relevant to decisions to impose fee capping conditions, and

• (b) is independent of Ofqual.

• (8) A person is independent of Ofqual for the purposes of subsection (7) if the person is—

• (a) an individual who is not a member of Ofqual or Ofqual's staff, or

• (b) a body none of whose members is a member of Ofqual or Ofqual's staff.

• (9) A decision to impose a fee capping condition must not take effect before the later of—

• (a) the expiry of the period during which a review can be requested under the review arrangements, and

• (b) the completion of any review requested under those arrangements.

• (10) Ofqual must, in performing its functions in relation to fee capping conditions, have regard to any guidance given by the Secretary of State.

• (11) The Secretary of State must publish any guidance given under subsection (10).

Entry and inspection conditions: supplementary

137

• (1) An entry and inspection condition requires permission to enter premises to be given only if—

• (a) the premises in question are not used as a private dwelling,

• (b) the entry is to be by an authorised person,

• (c) reasonable notice has been given to the recognised body in question, and

• (d) the entry is to be at a reasonable time.

• (2) “Authorised person” means a member of Ofqual's staff who is authorised (generally or specifically) for the purpose.

• (3) An entry and inspection condition may require an authorised person to be given permission to do anything that a person authorised by a provision of Part 1 of the Education Act 2005 (c. 18) to inspect documents could do by virtue of section 58 of that Act (computer records).

Accreditation of certain qualifications

Qualifications subject to the accreditation requirement

138

• (1) Ofqual may determine that a specified qualification, or description of qualification, to which this Part applies is subject to the accreditation requirement.

• (1ZA) But Ofqual may not make a determination under subsection (1) in relation to a technical education qualification within subsection (1A) unless the Secretary of State has notified it that it may do so.

• (1A) A technical education qualification is within this subsection if—

• (a) it is an approved technical education qualification, or

• (b) the Secretary of State—

• (i) has notified Ofqual that the Secretary of State is considering whether or not to approve the qualification as an approved technical education qualification, and

• (ii) has not notified Ofqual of the Secretary of State’s decision.

• (2) A determination under subsection (1) may provide that a qualification or description of qualification is subject to the accreditation requirement—

• (a) for all purposes, or

• (b) for the purposes of award or authentication by a specified awarding body.

• (3) Ofqual must publish a determination falling within subsection (2)(a).

• (4) Ofqual may revise a determination made under subsection (1).

• (5) If Ofqual revises a determination falling within subsection (2)(a) it must publish the determination as revised.

• (6) Before making or revising a determination under subsection (1) Ofqual must—

• (a) if the determination falls within subsection (2)(a), consult such persons as it considers appropriate, and

• (b) if the determination falls within subsection (2)(b), consult the awarding body in question.

• (7) Where the Secretary of State has notified Ofqual under subsection (1A)(b)(i) that the Secretary of State is considering whether or not to approve the qualification, the Secretary of State must also notify Ofqual of the Secretary of State’s decision.

• (8) In this section—

• ...

• “approved technical education qualification” and “technical education qualification” have the meanings given by section A12(1).

Accreditation

139

• (1) Where a qualification is subject to the accreditation requirement Ofqual must accredit a particular form of the qualification if—

• (a) that form of the qualification has been submitted for accreditation by a recognised body which is recognised in respect of the qualification, and

• (b) that form of the qualification meets the applicable criteria for accreditation most recently published under section 140.

• (2) Ofqual may not accredit a form of a qualification if the requirements set out in paragraphs (a) and (b) of subsection (1) are not met in respect of that form of the qualification.

• (3) An accreditation under this section has effect from such date as Ofqual may specify.

• (4) Ofqual may not charge a recognised body in respect of accreditation under this section.

• (5) If Ofqual refuses an application for accreditation it must provide the recognised body with a statement setting out the reasons for its decision.

Criteria for accreditation

140

• (1) Ofqual must set and publish the criteria for accreditation under section 139.