Statutory Instruments
2025 No. 602
LOCAL GOVERNMENT, ENGLAND
EDUCATION, ENGLAND
The East Midlands Combined County Authority (Adult Education Functions) Regulations 2025
Made
19th May 2025
Coming into force in accordance with regulation 1(1)
term the 2023 act The Secretary of State makes these Regulations in exercise of the powers conferred by sections 19(1)(a), (2)(a), (3)(a) and (b) and (7), 53(1) and 252(2) of the Levelling-up and Regeneration Act 2023(1) (“the 2023 Act”).
term the proposal term the 2009 act In accordance with section 20(1)(a)(ii) of the 2023 Act, a proposal for the making of these Regulations in relation to the transfer of functions in sections 86(2), 87(3), 88(4), 90(5) and 100(1)(6) of the Apprenticeships, Skills, Children and Learning Act 2009 (“the 2009 Act”) has been made to the Secretary of State pursuant to section 47 of the 2023 Act (“the proposal”). In making these Regulations, the Secretary of State—
has had regard to the proposal, in accordance with section 48(2) of the 2023 Act,
considers that these Regulations will achieve the purposes specified in the proposal, in accordance with sections 47(8) and 48(1)(c) of the 2023 Act, and
considers that, in view of the consultation carried out in relation to the proposal(7), no further consultation is necessary in accordance with section 48(3) of the 2023 Act.
In relation to the transfer of the function specified in section 100(1B)(8) of the 2009 Act—
in accordance with section 20(1)(b) of the 2023 Act, the councils for the local government areas of Derby City, Derbyshire, Nottingham and Nottinghamshire, and the East Midlands Combined County Authority, have consented to the making of these Regulations and the Secretary of State considers that the making of these Regulations 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 these Regulations relate, and
in accordance with section 48(1)(d) and (3) of the 2023 Act, the Secretary of State has carried out a public consultation(9).
In accordance with section 48(1) of the 2023 Act, the Secretary of State considers that the making of these Regulations—
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 these Regulations relate, and
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 20(6) of the 2023 Act, the Secretary of State has laid before Parliament a report explaining the effect of these Regulations and why the Secretary of State considers it appropriate to make these Regulations.
A draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 252(4) of the 2023 Act.
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).
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.
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).
Section 90 was amended by paragraph 20 of Schedule 1 and paragraph 12 of Schedule 14 to the Deregulation Act 2015.
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.
For the purposes of section 48(3) of the 2023 Act, the constituent councils of East Midlands Combined County Authority carried out a public consultation in connection with the establishment of the combined county authority and its functions, which included the functions set out in the proposal. They undertook an eight-week public consultation from November 2022 to January 2023, and the Secretary of State has been provided with a summary of the consultation responses.
Section 100(1B) was inserted by paragraph 29(2) of Schedule 1 to the Technical and Further Education Act 2017.
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 2009 Act to combined authorities and combined county authorities.