Explanatory Note

(This note is not part of the Order)

This Order provides for the conferral of certain adult education functions of the Secretary of State under the Apprenticeships, Skills, Children and Learning Act 2009 (“the 2009 Act”) on the York and North Yorkshire Combined Authority (“the Combined Authority”).

Article 1 of the Order provides that the conferral of functions under Part 2 only applies to education or training provided in an academic year beginning on or after 1st August 2025.

Article 3 of the Order provides for the transfer to the Combined Authority of adult education functions under sections 86 to 88 of the 2009 Act, with some exceptions. The transferred functions are exercisable by the Combined Authority instead of by the Secretary of State in relation to the area of the Combined Authority.

Article 4 provides for the functions of the Secretary of State under section 90 of the 2009 Act (relating to the encouragement of education and training for persons aged 19 or over) and under section 100(1) and (1B) of that Act (relating to the provision of financial resources) to be exercisable by the Combined Authority concurrently with the Secretary of State in relation to the area of the Combined Authority.

Article 5 sets conditions on the exercise of the functions mentioned in articles 3 and 4. Where the Combined Authority adopts rules of eligibility for awards by an institution to which it makes grants, loans or other payments under section 100 of the 2009 Act, it must adopt such rules in accordance with any direction given by the Secretary of State. In addition, in exercising the transferred functions, the Combined Authority must have regard to guidance issued by the Secretary of State.

Article 6 and the Schedule to the Order apply certain provisions of the 2009 Act with modifications to the Combined Authority for the purpose of the Combined Authority exercising the functions conferred on it by articles 3 and 4.

A full regulatory impact assessment has not been prepared as no, or no significant, impact on the private, voluntary or public sector is foreseen.