Part 1General

Citation, commencement, extent and application

regulation 1 + 1.—(1) These Regulations may be cited as the Cornwall Council (Adult Education Functions) Regulations 2025 and come into force on the day after the day on which they are made.

(2) These Regulations extend to England and Wales.

(3) Part 2 of these Regulations applies only in relation to the provision of education or training in an academic year beginning on or after 1st August 2025.

term academic year + (4) In paragraph (3), “academic year” means a period beginning with 1st August and ending with the next 31st July.

Interpretation

regulation 2 + 2.  In these Regulations—

term the 2009 act + “the 2009 Act” means the Apprenticeships, Skills, Children and Learning Act 2009(4);

term apprenticeship training + “apprenticeship training” has the meaning given by section 83(5) of the 2009 Act(5);

term the area + “the Area” means the area of the Local Authority;

term the local authority + “the Local Authority” means Cornwall Council;

term person subject to adult detention + “person subject to adult detention” is to be construed in accordance with section 121(4) of the 2009 Act.

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

regulation 3 + 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—

regulation 3 1 a + (a)section 86 (education and training for persons aged 19 or over)(6),

regulation 3 1 b + (b)section 87 (learning aims for persons aged 19 or over: provision of facilities)(7), and

regulation 3 1 c + (c)section 88 (learning aims for persons aged 19 or over: payment of tuition fees)(8).

(2) The functions mentioned in paragraph (1) do not include—

regulation 3 2 a + (a)any functions relating to apprenticeship training,

regulation 3 2 b + (b)any functions relating to persons subject to adult detention, or

regulation 3 2 c + (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

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)(9),

regulation 4 1 b + (b)section 100(1) (provision of financial resources)(10), 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)(11).

(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(12).

(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

regulation 5 + 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) (13).

term award + (3) In paragraph (1), “award” has the same meaning as in regulation 2 of the Education (Fees and Awards) (England) Regulations 2007(14).

Modification of provisions in the 2009 Act

regulation 6 + 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.

Part 3Amendments to Enactments

Amendments to the 2009 Act

regulation 7 + 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—

regulation 7 3 a + (a)in subsection (4), in paragraph (b), for “its education functions” substitute “a relevant function of the authority”;

regulation 7 3 b + (b)in subsection (5)—

regulation 7 3 b i + (i)for “In subsections (1) and (2)” substitute “In this section”,

regulation 7 3 b ii + (ii)in paragraph (d), omit “or”,

regulation 7 3 b iii + (iii)in paragraph (e), at the end insert “, or”, and

regulation 7 3 b iv + (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

regulation 8 + 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.”.

Regulation 6

ScheduleModification of provisions in the 2009 Act in their application to the Local Authority

schedule paragraph 1 + 1.  All references to provisions in this Schedule are to provisions in the 2009 Act.

schedule paragraph 2 + 2.  Section 86 has effect as if—

schedule paragraph 2 a + (a)in subsection (1), for each reference to “Secretary of State” there were substituted “Local Authority”,

schedule paragraph 2 b + (b)subsection (1)(b) were omitted but not “and” at the end,

schedule paragraph 2 c + (c)in subsection (1)(c), for “paragraphs (a) and (b)”, there were substituted “paragraph (a)”,

schedule paragraph 2 d + (d)in subsection (5), the words “(except so far as relating to facilities for persons subject to adult detention)” were omitted,

schedule paragraph 2 e + (e)in subsection (6), in the definition of “training”, paragraph (c) were omitted; and

schedule paragraph 2 f + (f)in subsection (7), the words “or (b)” were omitted.

schedule paragraph 3 + 3.  Section 87 has effect as if for each reference to “Secretary of State”, there were substituted “Local Authority”.

schedule paragraph 4 + 4.  Section 88 has effect as if in subsections (1), (2)(b), (2A), (3), (4)(b) and (6)(a) for each reference to “Secretary of State”, there were substituted “Local Authority”.

schedule paragraph 5 + 5.  Section 90 has effect as if—

schedule paragraph 5 a + (a)in subsection (1), for the first reference to “Secretary of State”, there were substituted “Local Authority”,

schedule paragraph 5 b + (b)in subsection (1)(a), for “section 86(1)(a) and (b)”, there were substituted “section 86(1)(a)”, and

schedule paragraph 5 c + (c)in subsection (1)(a), (b) and (c) for each reference to “Secretary of State’s remit”, there were substituted “Local Authority’s remit”.

schedule paragraph 6 + 6.  Section 100 has effect as if—

schedule paragraph 6 a + (a)in subsection (1), for the reference to “Secretary of State”, there were substituted “Local Authority”,

schedule paragraph 6 b + (b)in subsection (1)(a), for the reference to “Secretary of State’s remit” there were substituted “Local Authority’s remit”,

schedule paragraph 6 c + (c)in subsection (1B), for the reference to “Secretary of State” there were substituted “Local Authority”,

schedule paragraph 6 d + (d)in subsection (3), for each reference to “Secretary of State” there were substituted “Local Authority”, and

schedule paragraph 6 e + (e)in subsection (4), for the reference to “Secretary of State” there were substituted “Local Authority”.

schedule paragraph 7 + 7.  Section 101(15) has effect as if for each reference to “Secretary of State” there were substituted “Local Authority”.

schedule paragraph 8 + 8.  Section 103(16) has effect as if—

schedule paragraph 8 a + (a)for the reference to “Secretary of State” there were substituted “Local Authority”, and

schedule paragraph 8 b + (b)the words “or (1A)” were omitted.

schedule paragraph 9 + 9.  Section 115(17) has effect as if—

schedule paragraph 9 a + (a)for the reference to “Secretary of State”, there were substituted “Local Authority”,

schedule paragraph 9 b + (b)in subsection (2)(a), the word “, and” were omitted, and

schedule paragraph 9 c + (c)in subsection (2), paragraph (b) were omitted.

schedule paragraph 10 + 10.  Section 121(18) has effect as if—

schedule paragraph 10 a + (a)in subsection (1), there were inserted at the appropriate place—

term local authority + ““Local Authority” means Cornwall Council;”,

schedule paragraph 10 b + (b)in subsection (2)—

schedule paragraph 10 b i + (i)for the reference to “Secretary of State’s remit”, there were substituted “Local Authority’s remit”, and

schedule paragraph 10 b ii + (ii)in paragraph (a), the words “or (b)” were omitted, and

schedule paragraph 10 c + (c)in subsection (3)—

schedule paragraph 10 c i + (i)for the reference to “Secretary of State’s remit”, there were substituted “Local Authority’s remit”, and

schedule paragraph 10 c ii + (ii)paragraphs (a) and (aa) were omitted.

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.