Part 2Adult education functions of the Secretary of State transferred to the Local Authority or to be exercisable concurrently with the Local Authority
Functions of the Secretary of State to be exercisable concurrently with the Local Authority in relation to the Area
regulation 4 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—
regulation 4 1 a (a)section 90 (encouragement of education and training for persons aged 19 or over)(1),
regulation 4 1 b (b)section 100(1) (provision of financial resources)(2), and
regulation 4 1 c (c)section 100(1B) (provision of financial resources in connection with approved technical education qualifications or approved steps towards occupational competence)(3).
(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—
regulation 4 4 a (a)aged under 19, or
regulation 4 4 b (b)aged under 25 and for whom an EHC Plan is maintained.
term ehc plan (5) In paragraph (4), an “EHC Plan” means a plan within the meaning of section 37(2) of the Children and Families Act 2014(4).
(6) The functions mentioned in paragraph (1) are exercisable concurrently with the Secretary of State in relation to the Area.
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.