Part 3Amendments to Enactments

Amendments to the 2009 Act

7.—(1) The 2009 Act is amended as follows.

(2) In section 100 (provision of financial resources), after subsection (1AB), insert—

“(1AC) The Secretary of State may secure the provision of financial resources under this subsection (whether or not the resources could be secured under subsection (1)) to any of the persons mentioned in subsection (1) in respect of functions under this Part that are exercisable by a local authority by virtue of regulations made under section 16(1) of the Cities and Local Government Devolution Act 2016.”.

(3) Section 122 (sharing of information for education and training purposes) is amended as follows—

(a)in subsection (4), in paragraph (b), for “its education functions” substitute “a relevant function of the authority”;

(b)in subsection (5)—

(i)for “In subsections (1) and (2)” substitute “In this section”,

(ii)in paragraph (d), omit “or”,

(iii)in paragraph (e), at the end insert “, or”, and

(iv)after paragraph (e) insert—

“(f)any function of a local authority in England under Part 4 that is exercisable by it by virtue of regulations made under section 16(1) of the Cities and Local Government Devolution Act 2016,”.

Amendment to the Education (Fees and Awards) (England) Regulations 2007

8.  In the Education (Fees and Awards) (England) Regulations 2007, after regulation 9B (payments by a combined county authority), insert—

Payments by a local authority

9C.—(1) Subject to paragraph (4), it shall be lawful for a local authority to adopt rules of eligibility for awards by an institution to which the local authority makes grants, loans or other payments under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 which confine eligibility to those persons who fall within any of paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 5A, 5B, 5C, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1.

(2) Subject to paragraph (4), it shall be lawful for an institution to which a local authority provides financial resources to adopt rules of eligibility for awards (however described) which confine eligibility to those persons who fall within any of paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 5A, 5B, 5C, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1.

(3) In this regulation, “local authority” means a local authority that exercises functions under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 by virtue of regulations made under section 16 of the Cities and Local Government Devolution Act 2016.

(4) In relation to an award made on or after 1st January 2028, paragraphs (1) and (2) have effect as if, in each case, they did not mention paragraphs 8A, 9B, 9BA and 9E of Schedule 1.”.