Explanatory notes to the Bill, prepared by the Department for Education, have been ordered to be published as HL Bill 5—EN.
Baroness Berridge has made the following statement under section 19(1)(a) of the Human Rights Act 1998:
In my view the provisions of the Skills and Post-16 Education Bill [HL] are compatible with the Convention rights.
A
bill
to
Make provision about local skills improvement plans; to make provision relating to further education; to make provision about functions of the Institute for Apprenticeships and Technical Education and relating to technical education qualifications; to make provision about student finance and fees; to make provision about assessments by the Office for Students; to make provision about the funding of certain post-16 education or training providers; and for connected purposes.
B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
This
section
applies to a relevant provider that
provides post-16 technical
education or training that is
material to a specified area.
Post-16 technical education or training is “material” to a
specified area if it
could reasonably be regarded as
material or potentially material to the skills,
capabilities
or expertise that are, or may in the future be, required by
employers operating within the specified area, having regard
to all the
circumstances and any guidance published by the
Secretary of State.
If there is no approved local skills improvement plan for the
specified area,
the relevant provider must co-operate with
the employer representative body
for that area for the
purposes of assisting the body to develop a local skills
improvement plan for submission to the Secretary of State
for approval and
publication.
If there is an approved local skills improvement plan for the
specified area,
the relevant provider must—
co-operate with the employer representative body for that
area for the
purposes of assisting the body to—
keep the plan under review, and
where appropriate, develop a replacement plan for
submission
to the Secretary of State for approval
and publication, and
have regard to the plan so far as it is relevant to any
decision that the
relevant provider is making in
relation to the provision of post-16
technical education
or training that may be relevant to the skills,
capabilities or expertise that are, or may in the future
be, required in
the area.
The relevant provider must have regard to any guidance
published by the
Secretary of State in connection with
this
section
, including in relation to—
co-operation with an employer representative body under
subsections
(3)
and
(4)
, and
the matters to which the Secretary of State might have
regard in
deciding whether to approve and publish a
plan.
A “local skills improvement plan”, in relation to a specified
area, means a
plan which—
is developed by an employer representative body for the
specified
area,
draws on the views of employers operating within the
specified area,
and any other evidence, to summarise the
skills, capabilities or
expertise that are, or may in
the future be, required in the specified
area, and
identifies actions that relevant providers can take with
regard to any
post-16 technical education or training
that they provide so as to
address the requirements
mentioned in paragraph (b).
An “approved local skills improvement plan” means a local
skills improvement
plan that has been approved and published
by the Secretary of State.
The Secretary of State may designate an eligible body as the
employer
representative body for an area in England (the
“specified area”) if—
the Secretary of State is satisfied that—
the body is capable of developing and keeping under
review
a local skills improvement plan for the area,
in an effective and
impartial manner, and
the body is reasonably representative of the
employers
operating within the specified area,
and
the body has consented in writing to being so designated
(and to any
terms and conditions to which the
designation is subject).
A designation under
subsection (1)
may be made subject to such terms
and
conditions as the Secretary of State considers
appropriate.
If the Secretary of State decides to designate an eligible
body under
subsection
(1)
, the Secretary of State must—
notify the body of the designation before the date on
which the
designation takes effect (“the effective
date”), and
publish the notice of the designation before that date.
The notice of the designation must state—
the name of the body,
the specified area for which the body has been designated,
the effective date, and
any terms and conditions to which the designation is subject.
The Secretary of State may from time to time modify the terms
and conditions
to which a designation is subject, in which
case the Secretary of State must—
notify the employer representative body of the
modification before
the date on which the modification
takes effect, and
amend the notice of designation accordingly, and publish
it as
amended, before that date.
The Secretary of State may by notice remove the designation
of a body under
section 2
if—
the body is no longer an eligible body,
the body does not comply with a term or condition to
which the
designation is subject,
the body does not have regard to any relevant guidance
published by
the Secretary of State or departs from any
such guidance without good
cause, or
the Secretary of State considers that removing the
designation is
otherwise necessary or expedient.
The Secretary of State must by notice remove a designation of
a body under
section 2
if the body requests the removal in
writing.
A notice under this section must—
include reasons for the removal of the designation, and
specify when the designation is to be removed.
The Secretary of State must publish a notice under this section.
“
combined authority” means a combined authority established under
section 103 of the Local Democracy, Economic Development and
Construction Act 2009;
“
eligible body” means a body
corporate that—
is not a servant or agent of the Crown,
is not a body to which the Secretary of State
appoints members,
and
is not a public authority;
“
employer” means a person
that engages, or intends to engage, an
individual under—
a contract of service or apprenticeship, or
a contract for services,
for the purposes of a business, trade or profession or
the activities of
a public authority or charitable
institution (within the meaning given
by section 58(1)
of the Charities Act 1992), and “employee” is to be
construed accordingly;
“
employer representative body” means an eligible body that is designated
as the employer representative body for a specified area under section
2(1);
“
independent training provider” means a provider of post-16 technical
education or training—
that provides post-16 technical education or training—
to which Chapter 3 of Part 8 of the Education and
Inspections Act 2006 (inspection of further
education
and training etc) applies, and
in respect of which funding is provided by, or
under,
arrangements made by the Secretary of
State, a local
authority in England or a combined
authority, but
that is not—
an employer who only provides such education or
training to its employees,
a 16 to 19 Academy,
a school,
a local authority in England,
an institution within the further education
sector (within
the meaning given by section 91(3)
of the Further and
Higher Education Act 1992),
or
a higher education provider (within the meaning
given
by section 83(1) of the Higher Education and
Research
Act 2017);
“
local authority in England” has the same meaning as in the Education
Act 1996 (see sections 579(1) and 581 of that Act);
“
local skills improvement
plan” has the meaning given by section
1(6);
“
notice” means written notice
(and to “notify” means to give written
notice);
“
post-16 technical education or
training” means any technical education
or
training provided to individuals over compulsory school
age;
“
public authority”
includes—
a court or tribunal, and
any person certain of whose functions are functions
of a public
nature;
“
relevant provider” means a
provider of post-16 technical education or
training
which is—
an institution within the further education sector
(within the
meaning given by section 91(3) of the
Further and Higher
Education Act 1992),
a higher education provider (within the meaning given
by
section 83(1) of the Higher Education and
Research Act 2017),
an independent training provider, or
a local authority in England, a 16 to 19 Academy or a
school
that is specified or described in regulations
made by statutory
instrument by the Secretary of
State;
“
school” has the meaning
given by section 4(1) of the Education Act
1996;
A statutory instrument containing regulations under
paragraph (d)
of the
definition of
“relevant provider” in
subsection (1)
is subject to annulment in
pursuance of a resolution of either House of Parliament.
The governing body of an institution in
England within the further from time
to time review how well the education or training
in light
of that review, consider what action the
institution In
carrying out its review, the governing body must
have regard to The
governing body must publish its review on the
institution’s
In the Further and Higher Education Act 1992, after section
52A insert—
“52B
Duty
to review provision in relation to local needs:
England
(1)
education sector
must—
(a)
provided by the institution meets local needs,
and
(b)
might take (alone or in conjunction
with action taken by one
or more other educational
institutions) in order to meet those
needs
better.
(2)
any guidance published under this
section by the Secretary of
State.
(3)
website.”
The Apprenticeships, Skills, Children and Learning Act 2009
is amended as
follows.
In section ZA2 (general duties), in subsection (6)—
for “section” substitute “Chapter”;
omit the word “or” at the end of paragraph (b);
(d)to enable a person to enter work within a published
occupation (whether in the course of training or
otherwise).”
“ZA2A Oversight
(1)The Institute must keep under review—
(a)education and training within the Institute’s remit, and
(b)the effect that the exercise of the Institute’s functions has had,
or might have, on the range and availability of that education
and training.
(2)The Institute may provide a report to the Secretary of State on anything
arising from the exercise of the Institute’s functions under subsection
(1) .
(3)Subsection (2) does not affect the Institute’s functions under section
ZA3.”
In section ZA3 (provision of advice and assistance to the
Secretary of State
etc)—
in subsection (1), after paragraph (a) (but before
the word “or” at the technical education
qualifications,”;
end of it)
insert—
"(aa)
in subsection (2), for “and (b)” substitute “to (b)”.
The Apprenticeships, Skills, Children and Learning Act 2009
is amended as
follows.
“A2D1 Approval of technical education qualifications: overview
(1)Sections A2D3 and A2D5 provide for the approval of technical
education qualifications.
(2)Section A2D3 provides for the approval of technical education
qualifications which (in conjunction with any approved steps towards
occupational competence determined under section A2D4) can lead
to the award of technical education certificates under section A3A.
(3)Section A2D5 provides for the approval of other technical education
qualifications.
(4)For further provision about approval of technical education
qualifications see, in particular—
(a)
(c)section A2HA (list of technical education qualifications), and
(d)section A2IA (transfer of copyright relating to technical
education qualifications approved under section A2D3).
A2D2 Categories of technical education qualification
(1)The Institute—
(a)may specify one or more categories of technical education
qualification in relation to England that may be approved under
section A2D3, and
(b)may specify one or more categories of technical education
qualification in relation to England that may be approved under
section A2D5 .
(2)
(3)
(4)The Institute may revise or withdraw any category specified under
subsection (1) .
(5)A technical education qualification does not cease to be approved
merely because the category is revised or withdrawn under subsection
(4) .
(6)The Institute must publish information showing—
(a)the categories of technical education qualification that are for
the time being specified under subsection (1) , and
(7)Before specifying a category of qualification under this section, the
Institute must consult—
(a)the Secretary of State, and
(b)such other persons as the Institute considers appropriate."
"A2D5 Further powers to approve technical education qualifications
(1)The Institute may, if it considers it appropriate, approve a technical
education qualification under this section in respect of one or more
published occupations (each a “related” occupation).
(2)But it may approve a qualification under this section only if—
(a)
(b)the qualification meets each of the following tests in respect of
the related occupation or occupations—
(ii)the employer demand test (see subsection (6) ), and
(c)the Institute is not prevented from approving the qualification
by virtue of a moratorium under section A2D9 .
(3)The alternative approval test is met in respect of an occupation if—
(a)a standard is published under section ZA11 for the occupation,
and
(b)the Institute is satisfied that by obtaining the qualification a
person demonstrates attainment of as many of the outcomes
set out in the standard as may reasonably be expected to be
attained by undertaking a course of education.
(4)The additional specialist competence test is met in respect of an
occupation if—
(a)a standard is published under section ZA11 for the occupation,
and
(b)the Institute is satisfied that—
(i)by obtaining the qualification, a person demonstrates
attainment of particular outcomes which are additional
to those set out in the standard, and
(ii)attaining all those outcomes (together with attainment
of the outcomes set out in the standard) would enable
a person to specialise within the occupation.
(5)The significant outcomes test is met in respect of one or more
occupations if—
(a)the Institute is satisfied that—
(i)by obtaining the qualification a person demonstrates
attainment of particular outcomes in relation to the
occupations, and
(ii)attaining those outcomes would enable a person to work
in the occupations at a particular level of competence
(whether in the course of training or otherwise) or to
improve competence in the occupations, and
(b)where standards are published under section ZA11 for any of
the occupations, the outcomes are set out in the standards
(whether or not all in the same standard).
(6)The employer demand test is met in respect of one or more occupations
if the Institute is satisfied that there is, or is likely to be, demand from
employers in the occupations for employees who have obtained the
particular qualification.
A2D6 Approved technical education qualifications: approval and withdrawal
(1)The Institute may make any arrangements that it considers
appropriate—
(a)to secure that suitable technical education qualifications are
available for approval under section A2D3 or A2D5 , or
(b)in connection with the approval, or continued approval, of a
technical education qualification under either of those sections.
(2)The Institute may withdraw approval of a technical education
qualification.
(3)The Institute is not required to withdraw approval of a technical
education qualification in a specified category merely because—
(a)the qualification is modified, or
(4)The Institute must publish information about matters that it takes into
account when deciding whether or not—
(a)to approve a qualification under section A2D3 or A2D5 , or
(b)to withdraw approval of it.
(5)The matters may differ for different purposes and may, in particular,
be different for—
(a)qualifications in different categories specified under section
A2D2 , or
(b)qualifications relating to different occupations.
(6)
(7)Information published under subsection (4) may be revised or replaced,
and the Institute must publish under that subsection any revised or
replacement information.
A2D7 Approved technical education qualifications: publication and fees
(1)Where a technical education qualification is approved in respect of an
occupation, the Institute must publish, with the information published
under section ZA10(5) in relation to the occupation, information
indicating—
(a)that a technical education qualification has been approved in
respect of it, and
(b)whether the qualification (in conjunction with any steps
approved under section A2D4) could lead to a technical
education certificate.
(2)If approval of the technical education qualification is withdrawn, the
Institute must publish, with the information published under section
ZA10(5) in relation to the occupation, information indicating that the
approval of the qualification has been withdrawn.
(3)The Secretary of State may by regulations authorise the Institute
(subject to any restrictions prescribed by the regulations) to charge
fees for things done in connection with approval, or continued
approval, of qualifications under section A2D5 .
A2D8 Reviews of approval of technical education qualifications
(1)The Institute must maintain arrangements for reviewing approved
technical education qualifications at regular intervals with a view to
determining, for each qualification, whether—
(a)it should continue to be approved,
(b)it should be revised, or
(c)approval should be withdrawn.
(2)The Institute must publish information about the intervals at which
those reviews are to be conducted.
A2D9 Moratorium on further approvals under section A2D5
(1)This section applies where the Institute determines that there is an
appropriate number of approved technical education qualifications of
a particular kind.
(2)The Institute may decide that it should not approve further technical
education qualifications of that kind under section A2D5 for a period
(a “moratorium”).
(3)Where the Institute decides that there should be a moratorium in
relation to technical education qualifications of a particular kind, it—
(a)must publish that decision, and
(b)during the moratorium, may not approve any further technical
education qualification of that kind under section A2D5 .
(4)A moratorium ends when the Institute decides to end it.
(5)Where the Institute decides to end a moratorium, it must publish that
decision.
(6)The Institute must consult the Secretary of State before—
(a)deciding whether there should be a moratorium in relation to
qualifications of a particular kind;
(b)deciding to end a moratorium.”
In section A2D4 (as renumbered by section
13
:
additional steps towards
occupational competence), in
subsection (1)—
for “an approved” substitute “a”;
after “qualification” insert “that is approved under section A2D3”.
In section A3A (power to issue technical education
certificates), in subsection
(1)(a)—
for “an approved” substitute “a”;
after “qualification” insert “approved under section A2D3”.
“A12 Interpretation of Chapter A1
(1)In this Chapter—
“
approved technical education qualification” means a technical
education qualification that is approved by the Institute under
section A2D3 or A2D5 ;“
Ofqual” means the Office of Qualifications and Examinations
Regulation;“
published occupation” means an occupation which the Institute
has determined falls within section ZA10(1)(a) and in relation
to which information is published under section ZA10(5);“
specified category”, in relation to a qualification, means a
category specified under section A2D2 ;“
technical education certificate” has the meaning given by section
A3A;“
technical education qualification” means a qualification that
relates to one or more occupations.
(2)References in this Chapter to approval, in relation to a technical
education qualification approved under section A2D3 or A2D5 , are to
approval under the section in question.”
In the Apprenticeships, Skills, Children and Learning Act
2009, after section
A2IA insert—
“A2IB
Availability of approved technical education
qualifications outside
England
The Institute may
provide advice and assistance, or take other steps
that it considers appropriate, for the purpose of
enabling approved
technical education
qualifications to be made available to be obtained
by persons outside
England.”
The Institute and Ofqual must co-operate with
one another in the their
respective functions relating to technical
education any other
functions of theirs where the exercise is relevant
to Each of the Institute and
Ofqual— may
provide advice and assistance to the other in
relation to must, in
exercising any function within subsection
(1)
, have
In the Apprenticeships, Skills, Children and Learning Act
2009, after section
A2D10 (as renumbered by section
13
)
insert—
“A2D11
Co-operation between the Institute and
Ofqual
(1)
exercise of—
(a)
qualifications,
and
(b)
functions mentioned in paragraph
(a)
.
(2)
(a)
the exercise by the other of any
function within subsection
(1)
,
and
(b)
regard to any advice
or information provided to it by the other,
so far
as relevant to the exercise of that
function.”
In section 138 of the Apprenticeships, Skills, Children and
Learning Act 2009
(qualifications subject to the accreditation
requirement)—
“(1A)But Ofqual may not make a determination under subsection
(1) in relation to a technical education qualification if—
(a)the qualification is an approved technical education
qualification, or
(b)the Institute—
(i)has notified Ofqual that the Institute is
considering whether or not to approve the
qualification as an approved technical education
qualification, and
(ii)has not notified Ofqual of its decision.”;
“(7)
(8)In this section—
“
the Institute” means the Institute for Apprenticeships and
Technical Education;
The Apprenticeships, Skills, Children and Learning Act 2009
is amended as
follows.
“40AB Sharing of technical education information by or with Ofqual
(1)Ofqual may disclose information to a relevant person for the purpose
of a relevant function of—
(a)Ofqual, or
(b)the relevant person.
(2)A relevant person may disclose information to Ofqual for the purpose
of a relevant function of—
(a)Ofqual, or
(b)the relevant person.
(3)In this section “relevant person” means—
(a)the Secretary of State;
(b)the OfS;
(c)Ofsted;
(d)a prescribed person.
(4)In this section “relevant function” means—
(a)in relation to the Secretary of State, Ofqual, the OfS or Ofsted,
a technical education function of that body so far as the
function relates to England;
(b)in relation to a prescribed person, a prescribed technical
education function of that person, so far as the function relates
to England.
(5)In this section—
“
Ofqual”, the “OfS” and “Ofsted” have the same meanings as in
section 40AA;“
technical education function” means a function that relates to
technical education qualifications approved, or that may be
approved, by the Institute for Apprenticeships and Technical
Education under section A2D3 or A2D5 .”
In the heading of Part 1A, after “Apprenticeships” insert “,
Technical Education
Qualifications”.
In section 262 (orders and regulations), in subsection
(6), after paragraph (aza) regulations under section
40AB
;”.
insert—
“(azb)
“ZA8A Interpretation of Chapter ZA1
In this Chapter, the following terms have the same meanings as in
Chapter A1—
approved steps towards occupational competence (see section
A2D4(5));
In section A2D3 (as renumbered by section
13
:
approved technical education
qualifications)—
in subsection (1), after “qualification” insert “under this section”;
omit subsection (2);
omit subsections (8) to (13);
for the heading substitute “Technical education
certificate: approval
of technical education
qualifications”.
In section A2HA (list of technical education qualifications)—
“(1A)For each qualification, the list must indicate whether (in
conjunction with any steps determined under section A2D4) it
could lead to the issue of a technical education certificate.”;
in subsection (2)(a), for “the standards” substitute “any standards”.
In section 121 (interpretation of Part 4), in subsection (1)—
in the definition of “approved technical education
qualification”, for
“A2DA” substitute “
A12
”;
in the definition of “technical education qualification”,
for “A2DA”
substitute “
A12
”.
In section 122 (sharing of information for education and
training purposes),
in subsection (5)(ba), for “the IfA”
substitute “the Institute for Apprenticeships
and Technical
Education”.
In paragraph 9(2) of Schedule A1 (exercise of Institute’s functions)—
after “sections” insert “ ZA2A ,”;
for “A2IA” substitute “ A2IB ”.
In section 42B of the Education Act 1997 (information about
technical
education: access to English schools), in
subsection (10), for “A2DA” substitute
“A2D3 or
A2D5
”.
The Apprenticeships, Skills, Children and Learning Act 2009
is amended as
follows.
Sections A2DA to A2DC are renumbered as follows—
|
Existing section number |
New section number |
|
A2DA |
A2D3 |
|
A2DB |
A2D4 |
|
A2DC |
A2D10 |
In section A2HA (list of technical education qualifications),
in subsection
(2)(b), for “A2DB” substitute “A2D4”.
In section A2IA (transfer of copyright relating to technical
education
qualifications)—
in subsection (1), for “A2DA” substitute “A2D3”;
in subsection (4), for “A2DA(4)(a)” substitute “A2D3(4)(a)”.
In section A3A (power to issue technical education
certificate), in subsection
(1)(b), for “A2DB” substitute
“A2D4”.
In section 100 (provision of financial resources), in
subsection (5), in the
definition of “approved steps towards
occupational competence”, for “A2DB”
substitute “A2D4”.
In section 121 (interpretation of Part 4), in subsection (1),
in the definition of
“approved steps towards occupational
competence”, for “A2DB” substitute
“A2D4”.
Nothing in subsection
(2)
alters the effect of anything done under or
for the
purposes of a provision renumbered by that
subsection, and accordingly—
anything done under or for the purposes of such a
provision (a
“renumbered provision”) that has effect
immediately before that
subsection comes into force
continues to have effect after that time as
done under
the provision as renumbered;
any reference in an instrument or other document to such
a provision
is (so far as the context permits) to be
read after that time as including
a reference to the
provision as renumbered;
any reference in an instrument or other document to a
provision as
so renumbered is (so far as the context
permits) to be read after that
time as including a
reference to the provision as previously numbered.
“28A Modules of courses: modification of Chapter in relation to powers of
the Secretary of State
(1)Section 22 has effect, so far as it confers power exercisable by the
Secretary of State, as if—
(a)in subsection (1), after paragraph (b) there were inserted “or
(c)modules of higher education courses or further
education courses,”;
(b)in subsections (2) to (3) and (4B), references to a higher
education course or further education course (however
expressed) included references to a module of such a course;
(c)in subsection (2), after paragraph (b) there were inserted—
“(ba)prescribing, or providing for the determination
of, a maximum (a “lifetime limit”) in relation to
a person in respect of all such loans or
alternative payments made, or made available,
under this section as may be prescribed, taken
together (whether by reference to a monetary
amount, course characteristics or otherwise);”;
(d)in subsection (2), after paragraph (c) there were inserted—
“(ca)for two or more modules of a higher education
course or further education course to be treated
as a single module of that course for any
purpose of the regulations;”;
(e)after that subsection, there were inserted—
“(2ZA)Regulations under this section may prescribe the
meaning of “module” in relation to a higher education
course or further education course (and may, in
particular, provide for it to include—
(a)a module lasting less than one full academic
year, or comprising less than the equivalent of
one full academic year of study;
(b)a module undertaken otherwise than as part of
the higher education course or further education
course of which it forms part).
(2ZB)Nothing in subsection (2)(b) is to be taken to limit the
power conferred by this section to prescribe a maximum
amount in relation to any grant, loan or alternative
payment otherwise than in relation to an academic
year.”;
(f)after subsection (2A) there were inserted—
“(2B)The provision which may be made by virtue of
subsection (2)(ba) includes provision for amending any
lifetime limit that has effect in relation to a person.”
(2)Section 23 has effect, so far as it relates to a function exercisable by
virtue of regulations under section 22 made by the Secretary of State,
as if the reference in subsection (1)(b) to courses included a reference
to modules of higher education courses or further education courses.
(3)Section 28(2) has effect, so far as it confers power exercisable by the
Secretary of State, as if—
(a)after “courses” in the first place where it occurs there were
inserted “or modules”;
(b)after “higher education courses” there were inserted “or
modules of such courses”.”
Until section 86(2) of the Higher Education and Research Act
2017 (power to
make alternative payments) comes into force—
““ a course of
any description mentioned in Schedule 6 to the
a module of
such a course (whether or not undertaken as part
In section 83(1) of the Higher Education and Research Act 2017
(meaning of
“English higher education provider” etc), for the
definition of “higher education
course”
substitute—
higher education course”
means—
(a)
Education Reform Act 1988,
or
(b)
of such a
course);”.
The Secretary of State may make regulations for the purpose of
securing or
improving the quality of courses of initial teacher
training for further education
(“ITT(FE) courses”) provided by
educational institutions in England.
Regulations under subsection
(1)
may (among other things) make provision
for and
in connection with—
accrediting an institution as a provider of specified ITT(FE) courses;
accrediting specified ITT(FE) courses;
prohibiting the provision of specified ITT(FE) courses by an institution;
setting conditions that must be complied with by an
institution that
provides specified ITT(FE) courses;
requiring the governing body of an institution that provides
specified
ITT(FE) courses, or other specified person in
relation to such an
institution, to have regard to guidance
issued by the Secretary of State;
requiring the governing body of an institution that provides
specified
ITT(FE) courses, or other specified person in
relation to such an
institution, to give the Secretary of
State specified information about—
the ITT(FE) courses provided by the institution;
the individuals who are commencing, are undertaking or
have
completed an ITT(FE) course provided by the
institution.
The provision mentioned in subsection
(2)
(c)
may include provision for a
prohibition by reference to (among other things)—
the approval of the Secretary of State;
Regulations under this section—
may make provision for enforcement of obligations or
prohibitions
imposed by the regulations;
may make different provision for different cases;
may make provision generally or only in relation to specified cases;
may confer a function (including the exercise of a
discretion) on the
Secretary of State or another specified
person;
may make such incidental, consequential, supplemental,
transitional
or saving provision as the Secretary of State
thinks fit;
are to be made by statutory instrument.
A statutory instrument containing the first regulations under
this section may
not be made unless a draft of the instrument
has been laid before, and
approved by a resolution of, each
House of Parliament.
Any other statutory instrument containing regulations under this
section is
subject to annulment in pursuance of a resolution of
either House of
Parliament.
In this section—
“
courses” includes
programmes;
“
enforcement” includes—
monitoring compliance;
investigating non-compliance;
dealing with non-compliance;
“
further education” has the same
meaning as in the Education Act 1996
(see section 2 of that
Act);
“
specified” means specified, or
of a description specified, by or under
the regulations.
The factors that may be
taken into account for the purposes of an
The
student outcomes of an institution may be measured
by any means persons who
undertake a higher education course with the
persons who
undertake a higher education course with the
persons who
are granted an award by the institution undertake
persons who
are granted an award by the institution find
The OfS may,
from time to time, determine and publish a minimum
The
OfS is not required to determine and publish
different minimum particular
student
characteristics; the
particular institution or type of institution
which is the
particular higher education course or subject
being studied; any other
such
factor. In taking into
account the student outcomes of an institution as
In
this section—
“
“
In section 23 of the Higher Education and Research Act 2017
(assessing the
quality of, and the standards applied
to, higher education), at the end insert—
“(4)
assessment, under subsection (2)(a) or (b), of the
quality of higher
education provided by an
institution include the student outcomes of
the
institution.
(5)
(whether qualitative or quantitative)
that the OfS considers appropriate,
including by
reference to the extent to which—
(a)
institution continue to undertake that course, or
another course
at the same or a similar level,
after a period of
time,
(b)
institution are granted an award of a particular
description by
that
institution,
(c)
further study of a particular description,
or
(d)
employment of a particular description by virtue
of that
award.
(6)
level in relation to a measure of student outcomes
which all institutions
to whom the measure is
applicable are expected to meet.
(7)
levels in relation to a measure
of student outcomes in order to reflect
differences in—
(a)
(b)
providing higher
education;
(c)
(d)
(8)
mentioned in subsection (4), account may be taken
of whether the
institution has met any minimum
level determined and published
under subsection
(6) which is applicable to the
institution.
(9)
award” means a taught
award or research award (see section
42);
student outcomes”, in
relation to an institution, means outcomes
for
persons to whom the institution provides or has
provided
higher education or has granted an
award.”
The Secretary of State may by regulations make provision—
for the Secretary of State to keep a list of relevant
providers in respect
of relevant education or training
who meet conditions specified in the
regulations for
being on the list in respect of that education or
training;
in connection with the keeping of the list.
“Relevant provider” means a post-16 education or training
provider who is
not—
a school;
a 16 to 19 Academy;
an institution within the further education sector;
a registered higher education provider who provides only
higher
education;
a local authority in England;
a combined authority;
the Greater London Authority.
“Relevant education or training” means education or training
that falls within
one or more of the following paragraphs—
further education;
education or training provided by means of a further
education course,
or a module of a further education
course, designated for the purposes
of section 22 of the
Teaching and Higher Education Act 1998;
training for persons over compulsory school age which is
funded by
the Secretary of State under section 2 of the
Employment and Training
Act 1973;
education or training for persons over compulsory school
age provided
as part of an approved technical education
qualification or approved
steps towards occupational
competence;
training for persons over compulsory school age provided
in connection
with an English statutory
apprenticeship.
The Secretary of State may by regulations amend subsection
(3)
so as to add,
vary or remove a category of
education or training.
A condition may be specified in regulations under subsection
(1)
(a)
only
where the Secretary of
State considers that specifying the condition in relation
to
a relevant provider may assist in preventing, or mitigating
the adverse
effects of, a disorderly cessation in the
provision of education or training by
the relevant
provider.
Regulations under subsection (1) may—
specify different conditions in relation to different
descriptions of
relevant education or training;
provide for a relevant provider to be on the list only in
respect of one
or more descriptions of relevant
education or training.
The conditions that may be specified include conditions—
relating to the relevant provider having a student
support plan and
making it available;
relating to the relevant provider having insurance cover;
for ensuring that persons having general control and
management of,
or legal responsibility and
accountability for, the relevant provider
are fit and
proper persons to be involved in that activity;
relating to the relevant provider giving access to, or
providing,
information (including information about
persons for whom the
relevant provider is, or has been,
providing relevant education or
training) to the
Secretary of State;
relating to the relevant provider taking action specified
in directions
given by the Secretary of State.
Different conditions may be specified—
for being added to, or remaining on, the list;
for different descriptions of relevant provider.
for the charging of fees in connection with entries on the list;
about the procedure for applications to be added to, or
remain on, the
list;
about the removal of entries from, or the restoration of
entries to, the
list;
about appeals against decisions relating to the list;
permitting or requiring the disclosure of information;
about publication of the list.
persons for whom relevant education or training is or has
been
provided;
persons having general control and management of, or
legal
responsibility and accountability for, a relevant
provider.
If the Secretary of State makes regulations under
section 18
(1)
(a)
for the
keeping of a list, the
following provisions apply in relation to the making of
funding arrangements while the regulations are in force.
A funding authority must not enter into relevant funding
arrangements with
a relevant provider unless—
the relevant provider is on the list in respect of the
education or
training to which the funding arrangements
relate, and
the funding arrangements include provision allowing the
funding
authority to terminate the funding arrangements
if the relevant
provider ceases to be on the list in
respect of that education or training.
A funding authority must not enter into relevant funding
arrangements with
a post-16 education or training provider
(“P1”) unless the funding
arrangements include the provision
in subsection
(4)
.
The provision in this subsection is—
in the case of relevant funding arrangements that
prohibit P1 from
entering into a relevant sub-contract,
provision allowing the funding
authority to terminate
the funding arrangements if P1 enters into a
relevant
sub-contract in breach of that prohibition, and
in the case of relevant funding arrangements that allow
P1 to enter
into a relevant sub-contract, provision
allowing the funding authority
to terminate the funding
arrangements if P1 enters into a relevant
sub-contract
with a relevant provider (“P2”) unless—
P2 is on the list in respect of the education or
training to which
the relevant sub-contract relates,
and
the relevant sub-contract includes provision allowing
P1 to
terminate the sub-contract if P2 ceases to be
on the list in
respect of that education or
training.
Nothing in this section—
may be relied on by a provider with whom a funding
authority has
entered into relevant funding arrangements
as a reason for not carrying
out the provider’s
obligations under those arrangements, or
limits the discretion of a funding authority not to enter
into funding
arrangements with a person where that
person does not meet
conditions of a scheme created by
the funding authority in connection
with the making of
funding arrangements.
The following provisions apply for the interpretation of this section.
“Funding authority” means—
the Secretary of State;
a local authority in England;
a combined authority;
the Greater London Authority.
“Funding arrangements” in relation to a funding authority and
a provider
are—
arrangements for a grant to be given by the funding
authority to the
provider for the provision of education
or training wholly or mainly
in England;
an agreement for the funding authority to provide funding
to the
provider for the provision of education or
training wholly or mainly
in England.
The reference in subsection
(8)
(b)
to funding provided to a
provider by a
funding authority includes a reference to
amounts paid directly to the provider
in accordance with
provision in regulations made under section 22(1) of the
Teaching and Higher Education Act 1998 (financial support
for students) by
virtue of section 22(2)(h) or (i) of that
Act.
Funding arrangements are “relevant funding arrangements” if—
the education or training to which the arrangements
relate is relevant
education or training, and
the arrangements have any other characteristics specified
in regulations
made by the Secretary of State.
A “relevant sub-contract”, in relation to relevant funding
arrangements, is a
contract—
for the provision of all or part of the education or
training to which
the relevant funding arrangements
relate, and
that has any other characteristics specified in
regulations made by the
Secretary of State.
In those sections—
“
approved technical education
qualification” and “approved steps towards
occupational competence” have the same meanings as in
section 100
of the Apprenticeships, Skills, Children and
Learning Act 2009;
“
combined authority” means a
combined authority established under
section 103 of the
Local Democracy, Economic Development and
Construction
Act 2009;
“
English statutory
apprenticeship” has the meaning given by
section
40A(3) of the Apprenticeships, Skills, Children
and Learning Act 2009;
“
further education” has the
same meaning as in the Education Act 1996
(see section 2
of that Act);
“
higher education” has the
meaning given by section 579(1) of the
Education Act
1996;
“
institution within the further
education sector” has the same meaning
as in
the Further and Higher Education Act 1992 (see section
91(3) of
that Act);
“
local authority in England”
has the same meaning as in the Education
Act 1996 (see
sections 579(1) and 581 of that Act);
“
post-16 education or training
provider” means an institution or person
who
provides or intends to provide relevant education or
training for
persons over compulsory school age;
“
registered higher education
provider” has the same meaning as in Part
1 of
the Higher Education and Research Act 2017 (see section
3(10) of
that Act);
“
responsible body” means—
in relation to a school or a 16 to 19 Academy, the
proprietor
(within the meaning given by section
579(1) of the Education
Act 1996);
in relation to an institution within the further
education sector,
the governing body (within the
meaning given by section 90(1)
of the Further and
Higher Education Act 1992);
in relation to a registered higher education
provider, the
governing body (within the meaning
given by section 85(1) of
the Higher Education and
Research Act 2017);
“
school” has the same meaning
as in the Education Act 1996 (see section
4 of that
Act).
In the following provisions, references to a provider include
references to a
person having general control and management
of, or legal responsibility and
accountability for, a
provider—
section 19
(2)
to
(4)
where the reference is to
entering into relevant
funding arrangements, or a
relevant sub-contract, with a provider;
section 19 (5) (a) ;
The provision that may be made in regulations by virtue of
subsection
(1)
includes provision amending an Act (including
this Act).
Before making the first regulations under
section 18
(1)
the Secretary of State
must consult such
persons as the Secretary of State considers appropriate.
A statutory instrument containing the following (whether
alone or with other
provision) may not be made unless a
draft of the instrument has been laid
before, and approved
by a resolution of, each House of Parliament—
regulations under section 18 (4) ;
The Further and Higher Education Act 1992 is amended as follows.
In section 56A (intervention: England)—
“(e)that the education or training provided by the institution
did not, or does not, adequately meet local needs.”;
“(2A)For the purposes of subsection (2)(e), the Secretary of State
must take into account any approved local skills improvement
plan that applied to the institution when the education or
training was provided.
(2B)An approved local skills improvement plan applies to an
institution if the institution provides post-16 technical education
or training that is material to a specified area and the plan is
for that area.
(2C)
in subsection (7)—
in paragraph (b), after “section 27A(1)” insert “, or
take such
other steps specified in the direction as
may be required,”;
“(c)a direction requiring a governing body to
transfer property, rights or liabilities specified
in the direction, and take any other steps
specified in the direction in connection with the
transfer in relation to property, rights or
liabilities so specified.”;
“(7A)A governing body to which a direction is given requiring the
body to make a resolution under section 27A(1)—
(a)is to be taken for the purposes of section 27A(1) to have
complied with section 27 before making the resolution
required by the direction, and
(b)must, unless the Secretary of State directs otherwise,
exercise its powers under section 27B to transfer
property, rights or liabilities on the dissolution date.”;
“(7B)A direction under subsection (7)(c) requiring the transfer of
property, rights or liabilities to a person specified in the
direction may only be given with the consent of the person so
specified.”;
“(9A)Before giving a direction for the transfer of property, rights or
liabilities under subsection (7)(c), the Secretary of State must
consult the Competition and Markets Authority.
(9B)Part 3 of the Enterprise Act 2002 does not apply in relation to
a merger that will result or has resulted from a direction under
this section.
(9C)The Secretary of State may give financial assistance (by way
of grant, loan, guarantee or any other form) to any person in
connection with the giving of a direction under this section.”
In section 56E (intervention by the Secretary of State: sixth form colleges)—
“(e)that the education or training provided by the sixth
form college did not, or does not, adequately meet local
needs.”;
“(2A)For the purposes of subsection (2)(e), the Secretary of State
must take into account any approved local skills improvement
plan that applied to the sixth form college when the education
or training was provided.
(2B)An approved local skills improvement plan applies to a sixth
form college if the college provides post-16 technical education
or training that is material to a specified area and the plan is
for that area.
(2C)
“(c)a direction requiring a governing body to transfer
property, rights or liabilities specified in the direction,
and take any other steps specified in the direction in
connection with the transfer in relation to property,
rights or liabilities so specified.”;
“(7A)A governing body to which a direction such as is mentioned
in subsection (7)(b) is given—
(a)is to be taken for the purposes of section 33O(1) to have
complied with section 33N before making the resolution
required by the direction, and
(b)must, unless the Secretary of State directs otherwise,
exercise its powers under section 33P to transfer
property, rights or liabilities on the dissolution date.”;
“(7B)A direction under subsection (7)(c) requiring the transfer of
property, rights or liabilities to a person specified in the
direction may only be given with the consent of the person so
specified.”;
“(9A)Before giving a direction for the transfer of property, rights or
liabilities under subsection (7)(c), the Secretary of State must
consult the Competition and Markets Authority.
(9B)Part 3 of the Enterprise Act 2002 does not apply in relation to
a merger that will result or has resulted from a direction under
this section.
(9C)The Secretary of State may give financial assistance (by way
of grant, loan, guarantee or any other form) to any person in
connection with the giving of a direction under this section.”
Regulations under
subsection (1) may in particular provide for any
Nothing in
Schedule 3 or 4 limits the provision that may be
made by
In section 33 of the Technical and Further Education Act 2017
(application of
other insolvency law), after subsection (2)
insert—
“(2A)
provision of the Insolvency Act 1986 to apply
(with or without
modifications) in relation to a
further education body in connection
with the
education administration procedure created by this
Chapter.
(2B)
virtue of subsection
(2A)
, and provision made by
virtue of that
subsection may amend Schedules 3
and
4.”
The Technical and Further Education Act 2017 is amended as follows.
In Schedule 2 (education administration: transfer schemes),
after paragraph A
transfer scheme may not transfer property which is
subject to a in
accordance with an order of the court under
paragraph where— an amount
is attributed to the transfer of the property the
secured creditor agrees with that amount,
and the
secured creditor is paid that
amount. In
sub-paragraph (1), “floating charge” means a
charge which is a
6 insert—
“6A
(1)
security (other than a floating
charge) free of that security
except—
(a)
71 of Schedule B1 to the Insolvency Act
1986 as applied by
Schedule 3 or 4,
or
(b)
(i)
in
the transfer scheme,
(ii)
(iii)
(2)
floating charge on its
creation.”
In Schedule 3 (conduct of education administration: statutory
corporations),
in paragraph 19—
(a)after “dispose” there were inserted “(whether by way of a
transfer scheme under Schedule 2 to the Technical and
Further Education Act 2017 or otherwise)”, and”;
the text from “the words” to the end of the paragraph becomes
paragraph (b).
In Schedule 4 (conduct of education administration:
companies), after Paragraph 71 is to have
effect as if in sub-paragraph (1), after
paragraph 17 insert—
“17A
“dispose”
there were inserted “(whether by way of a transfer
scheme
under Schedule 2 to the Technical and
Further Education Act 2017
or
otherwise)”.”
In section 28 (designated institutions)—
in subsections (1) and (3A), for “The Secretary of State”
substitute “The
appropriate authority”;
“(3B)In this section “the appropriate authority”—
(a)in relation to an educational institution in England,
means the Secretary of State;
(b)in relation to an educational institution in Wales, means
the Welsh Ministers.”
In section 89 (orders, regulations and directions)—
in subsection (2), after “the excepted provisions are” insert
“sections
28 and 29(1)(b) so far as the power under each of
those provisions is
exercisable by the Secretary of State,
and”;
“(3C)An order made by the Secretary of State under section 28 or
29(1)(b) is to be published in such manner as the Secretary of
State considers appropriate.”;
“(6)This section applies in relation to an order made by the
Secretary of State under section 28 or 29(1)(b) that revokes or
varies an order under those provisions made before the coming
into force of section 25 (3) of the Skills and Post-16 Education
Act 2021 as if—
(a)in subsection (2), the words “sections 28 and 29(1)(b)
so far as the power under each of those provisions is
exercisable by the Secretary of State, and” were omitted,
and
(b)subsection (3C) were omitted.”
This Act extends to England and Wales.
The following provisions extend also to Scotland—
section 11 ;
section
14
, so far as it modifies sections 22 and 23 of
the Teaching and
Higher Education Act 1998 as those sections
extend to Scotland;
section 15 ;
this Chapter.
The following provisions extend also to Northern Ireland—
section 10 ;
section 11 ;
section
14
, so far as it modifies sections 22 and 23 of
the Teaching and
Higher Education Act 1998 as those sections
extend to Northern
Ireland;
section 15 ;
this Chapter.
This Chapter comes into force on the day on which this Act is passed.
Sections
1
to
5
,
17
and
22
to
25
come into force at the end of the period of
two months beginning
with the day on which this Act is passed.
Different days may be appointed for different purposes.
The Secretary of State may by regulations make transitional or
saving provision
in connection with the coming into force of any
provision of this Act.
The power to make regulations under subsection
(5)
includes power to make
different provision for
different purposes.
Regulations under this section are to be made by statutory instrument.
This Act may be cited as the Skills and Post-16 Education Act
2021.
A
bill
to
Make provision about local skills improvement plans; to make provision relating to further education; to make provision about functions of the Institute for Apprenticeships and Technical Education and relating to technical education qualifications; to make provision about student finance and fees; to make provision about assessments by the Office for Students; to make provision about the funding of certain post-16 education or training providers; and for connected purposes.
Ordered to be Printed, .
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