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Statutory Instruments

2025 No. 601

LOCAL GOVERNMENT, ENGLAND

EDUCATION, ENGLAND

The York and North Yorkshire Combined Authority (Adult Education Functions) Order 2025

Made

19th May 2025

Coming into force in accordance with article 1(1)

term the act The Secretary of State makes this Order in exercise of the powers conferred by sections 105A(1)(a), (2)(a), (3)(a) and (b) and (7), 114(1) and 117(5) of the Local Democracy, Economic Development and Construction Act 2009(1) (“the Act”).

term the proposal term the 2009 act In accordance with section 105B(1)(a)(ii)(2) of the Act, a proposal for the making of this Order in relation to the transfer of functions in sections 86(3), 87(4), 88(5), 90(6) and 100(1)(7) of the Apprenticeships, Skills, Children and Learning Act 2009 (“the 2009 Act”) has been made to the Secretary of State pursuant to section 112A of the Act(8) (“the proposal”). In making this Order, the Secretary of State—

(a)

has had regard to the proposal, in accordance with section 113(1A) of the Act(9),

(b)

considers that this Order will achieve the purposes specified in the proposal in accordance with sections 112A(9) and 113(1)(ab) of the Act, and

(c)

considers that, in view of the consultation carried out in relation to the proposal(10), no further consultation is necessary in accordance with section 113(1)(b) of the Act.

In relation to the transfer of the function specified in section 100(1B)(11) of the 2009 Act—

(a)

in accordance with section 105B(1)(b) of the Act, the councils for the local government areas of North Yorkshire and the City of York, and the York and North Yorkshire Combined Authority, have consented to the making of this Order and the Secretary of State considers that the making of this Order is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area to which this Order relates, and

(b)

in accordance with section 113(1)(b) and (2) of the Act, the Secretary of State has carried out a public consultation(12).

In accordance with section 113(1) of the Act, the Secretary of State considers that the making of this Order—

(a)

is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area to which this Order relates, and

(b)

is appropriate having regard to the need to secure effective and convenient local government and to reflect the identities and interests of local communities.

In accordance with section 105B(9) of the Act, the Secretary of State has laid before Parliament a report explaining the effect of this Order and explaining why the Secretary of State considers it appropriate to make this Order.

A draft of this Order has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 117(2) of the Act(13).

(1)

term the 2016 act 2009 c. 20. Section 105A was inserted by section 7 of the Cities and Local Government Devolution Act 2016 (c. 1) (“the 2016 Act”). Section 117(5) was inserted by paragraph 29 of Schedule 5 to the 2016 Act.

(2)

Section 105B was inserted by section 7 of the Cities and Local Government Devolution Act 2016 (c. 1) and amended by sections 67(2) and (4) of the Levelling-up and Regeneration Act 2023 (c. 55).

(3)

2009 c. 22. Section 86 was amended by paragraph 7 of Schedule 18 to the Education Act 2011 (c. 21), paragraph 90 of Schedule 3 to the Children and Families Act 2014 (c. 6) and paragraph 9 of Schedule 14 to the Deregulation Act 2015 (c. 20).

(4)

Section 87 was amended by paragraph 91 of Schedule 3 to the Children and Families Act 2014 and paragraph 10 of Schedule 14 to the Deregulation Act 2015.

(5)

Section 88 was amended by section 73 of the Education Act 2011, paragraph 11 of Schedule 14 to the Deregulation Act 2015 and section 114(2) of the Digital Economy Act 2017 (c. 30).

(6)

Section 90 was amended by paragraph 20 of Schedule 1 and paragraph 12 of Schedule 14 to the Deregulation Act 2015.

(7)

Section 100 was amended by paragraph 9 of Schedule 18 to the Education Act 2011; paragraph 2 of Schedule 1 and paragraph 13 of Schedule 14 to the Deregulation Act 2015; section 27 of the Enterprise Act 2016 (c. 12); paragraph 29 of Schedule 1 to the Technical and Further Education Act 2017 (c. 19); section 13 of the Skills and Post-16 Education Act 2022 (c. 21); paragraph 195 of Schedule 4 to the Levelling-up and Regeneration Act 2023 and S.I. 2018/1141.

(8)

Section 112A was inserted by section 66 of the Levelling-up and Regeneration Act 2023.

(9)

Section 113 was amended by sections 12(6) and 14(8) of the Cities and Local Government Devolution Act 2016 and by section 66 of the Levelling-up and Regeneration Act 2023.

(10)

For the purposes of section 113(2) of the Act, the constituent councils of the York and North Yorkshire Combined Authority carried out a public consultation in connection with the establishment of the combined authority and its functions, which included the functions set out in the proposal. They undertook an eight-week public consultation between 21 October and 16 December 2022, and the Secretary of State has been provided with a summary of the consultation responses.

(11)

Section 100(1B) was inserted by paragraph 29(2) of Schedule 1 to the Technical and Further Education Act 2017.

(12)

The Secretary of State conducted a four-week public consultation between 8 November 2024 and 6 December 2024 on transferring the funding power in section 100(1B) of the Apprenticeships, Skills, Children and Learning Act 2009 to combined authorities and combined county authorities.

(13)

Section 117(2) was substituted by section 13(2) of the Localism Act 2011 (c. 20).