Part 2Adult education functions of the Secretary of State transferred to the Combined Authority or to be exercisable concurrently with the Combined Authority

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

3.—(1) Subject to paragraph (2), the functions of the Secretary of State set out in the following provisions of the 2009 Act are exercisable by the Combined Authority in relation to the Area—

(a)section 86 (education and training for persons aged 19 or over),

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

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

(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 Area

4.—(1) Subject to paragraphs (2), (3) and (4), the functions of the Secretary of State set out in the following provisions of the 2009 Act 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),

(b)section 100(1) (provision of financial resources), 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 any functions relating to persons subject to adult detention.

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

(4) 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 and for whom an EHC Plan is maintained.

(5) In paragraph (4), an “EHC Plan” means a plan within the meaning of section 37(2) of the Children and Families Act 2014(1).

(6) 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 3 and 4

5.—(1) 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.

(2) In exercising the functions mentioned in articles 3 and 4, 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)(2).

(3) In paragraph (1), “award” has the same meaning as in regulation 2 of the Education (Fees and Awards) (England) Regulations 2007(3)

Modification of provisions in the 2009 Act

6.  For the purpose of the exercise by the Combined Authority of the functions mentioned in articles 3 and 4, sections 86 to 88, 90, 100, 101, 103, 115 and 121 of the 2009 Act apply in relation to the Combined Authority with the modifications set out in the Schedule.