Part 2Adult education functions of the Secretary of State transferred to the Local Authority or to be exercisable concurrently with the Local Authority
Transfer of functions from the Secretary of State to the Local 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 Local Authority in relation to the Area—
(a)section 86 (education and training for persons aged 19 or over)(1),
(b)section 87 (learning aims for persons aged 19 or over: provision of facilities)(2), and
(c)section 88 (learning aims for persons aged 19 or over: payment of tuition fees)(3).
(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 Local Authority instead of by the Secretary of State.
Functions of the Secretary of State to be exercisable concurrently with the Local 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 Local Authority in relation to the Area—
(a)section 90 (encouragement of education and training for persons aged 19 or over)(4),
(b)section 100(1) (provision of financial resources)(5), and
(c)section 100(1B) (provision of financial resources in connection with approved technical education qualifications or approved steps towards occupational competence)(6).
(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(7).
(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 regulations 3 and 4
5.—(1) Where the Local 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 regulations 3 and 4, the Local Authority must have regard to guidance issued by the Secretary of State for the purpose of this regulation (as amended from time to time or as replaced by a subsequent document) (8).
(3) In paragraph (1), “award” has the same meaning as in regulation 2 of the Education (Fees and Awards) (England) Regulations 2007(9).
Modification of provisions in the 2009 Act
6. For the purpose of the exercise by the Local Authority of the functions mentioned in regulations 3 and 4, sections 86 to 88, 90, 100, 101, 103, 115 and 121 of the 2009 Act apply in relation to the Local Authority with the modifications set out in the Schedule.
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.
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 (c. 55) and S.I. 2018/1141.
Section 100(1B) was inserted by paragraph 29(2) of Schedule 1 to the Technical and Further Education Act 2017.
Section 37(2) was amended by S.I. 2015/914.
This is available at the following link: https://www.gov.uk/government/publications/exercising-devolved-adult-education-functions and available for inspection at reasonable times at the offices of the Department for Education, 20 Great Smith Street, London SW1P 3BT.
S.I. 2007/779, to which there are amendments not relevant to these Regulations.