Explanatory Note

(This note is not part of the Regulations)

These Regulations provide 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 Cornwall Council.

Regulation 1 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.

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

Regulation 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 Cornwall Council concurrently with the Secretary of State in relation to the area of Cornwall Council.

Regulation 5 sets conditions on the exercise of the functions mentioned in regulations 3 and 4. Where Cornwall Council 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, Cornwall Council must have regard to guidance issued by the Secretary of State.

Regulation 6 and the Schedule to the Regulations apply certain provisions of the 2009 Act with modifications to Cornwall Council for the purpose of it exercising the functions conferred on it by regulations 3 and 4.

Regulation 7 amends section 100 of the 2009 Act (provision of financial resources) to provide that the Secretary of State may secure the provision of financial resources under that section in respect of functions under Part 4 of the 2009 Act that have been conferred on a local authority. Regulation 7 also amends section 122 of the 2009 Act (sharing of information for education or training purposes) to make provision for information sharing following the conferral of functions under Part 4 of the 2009 Act. Regulation 8 amends the Education (Fees and Awards) (England) Regulations 2007 (S.I. 2007/779) to make provision with respect to rules of eligibility adopted by a local authority for awards by an institution to which it makes grants, loans or other payments under section 100 of the 2009 Act.

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