English Devolution and Community Empowerment Act 2026

Schedule 13 Education

Section 32 Part 1 Adult education 1 The Apprenticeships, Skills, Children and Learning Act 2009 is amended in accordance with this Part of this Schedule. 2 (1) Section 86 (education and training for persons aged 19 or over and others subject to adult detention) is amended in accordance with this paragraph. (2) After subsection (1) insert— (1A) The Mayor of London, each combined authority and CCA, and each district council or county council that is a strategic authority, must secure the provision in relation to the relevant area of such facilities as it considers appropriate for— (a) education suitable to the requirements of persons who are aged 19 or over, other than persons aged under 25 for whom an EHC plan is maintained, and (b) training, other than apprenticeship training, suitable to the requirements of such persons. (1B) Subsection (1) does not apply to the provision of facilities to the extent that subsection (1A) applies to the provision of those facilities. (3) In subsection (6), after the definition of “education” insert— “relevant area” means— in relation to the Mayor of London, Greater London; in relation to a combined authority or CCA, its area; in relation to a district council or county council that is a strategic authority, the council’s area; (4) In subsection (7), after “subsection (1)(a) or (b)” insert “or (1A)(a)”. 3 (1) Section 87 (learning aims for persons aged 19 or over: provision of facilities) is amended in accordance with this paragraph. (2) After subsection (1) insert— (1A) The Mayor of London, each combined authority and CCA, and each district council or county council that is a strategic authority, must secure the provision in relation to the relevant area of such facilities as it considers appropriate for relevant education or training for persons falling within subsection (3) which is suitable to their requirements. (1B) Subsection (1) does not apply to the provision of facilities to the extent that subsection (1A) applies to the provision of those facilities. (3) In subsection (3)(b), for “Secretary of State” substitute “person, authority or council exercising the function under subsection (1) or (1A)”. (4) In subsection (6), after the definition of “education” insert— “relevant area” means— in relation to the Mayor of London, Greater London; in relation to a combined authority or CCA, its area; in relation to a district council or county council that is a strategic authority, the council’s area; 4 (1) Section 88 (learning aims for persons aged 19 or over: payment of tuition fees) is amended in accordance with this paragraph. (2) In subsection (1), for “Secretary of State” substitute “relevant authority”. (3) In subsection (2)(b), for “Secretary of State” substitute “person, authority or council exercising the function under this Part”. (4) In subsections (2A) and (3), for “Secretary of State” substitute “relevant authority”. (5) In subsection (4)(b), for “Secretary of State” substitute “relevant authority securing the provision of the facilities under section 86”. (6) In subsection (6)(a), for “Secretary of State” substitute “relevant authority”. (7) After subsection (7) insert— (8) In this section “relevant authority” means— (a) the Secretary of State, (b) the Mayor of London, (c) a combined authority or CCA, or (d) a district council or county council that is a strategic authority. 5 (1) Section 90 (encouragement of education and training for persons aged 19 or over and others subject to adult detention) is amended in accordance with this paragraph. (2) After subsection (1) insert— (1A) The Greater London Authority, each combined authority and CCA, and each district council or county council that is a strategic authority, must— (a) encourage participation by persons within section 86(1A)(a) in education and training within strategic authorities’ remit under this Part; (b) encourage employers to participate in the provision of education and training within strategic authorities’ remit under this Part for persons within section 86(1A)(a); (c) encourage employers to contribute to the costs of education and training within strategic authorities’ remit under this Part for such persons. (3) In subsection (2), after “subsection (1)(b)” insert “or (1A)(b)”. 6 (1) Section 100 (provision of financial resources) is amended in accordance with this paragraph. (2) In subsection (1)— (a) in the words before paragraph (a), for “The Secretary of State” substitute “A relevant authority”; (b) in paragraph (a), for “the Secretary of State's remit” substitute “the relevant authority’s remit”. (3) In subsection (1AA) omit the words after “combined authority”. (4) In subsection (1AB), for the words from “combined county authority” to the end substitute “CCA”. (5) In subsection (1B), for “The Secretary of State” substitute “A relevant authority”. (6) After subsection (1B) insert— (1C) The Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority, may not exercise— (a) a function conferred by subsection (1) in relation to persons subject to adult detention; (b) a function conferred by subsection (1) or (1B) in relation to any 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— (i) aged under 19, or (ii) aged under under 25 and for whom an EHC plan is maintained. (7) In subsection (3)— (a) in the words before paragraph (a), for “The Secretary of State” substitute “A relevant authority”; (b) in paragraph (c), for “the Secretary of State” substitute “the relevant authority”. (8) In subsection (4), for “The Secretary of State” substitute “A relevant authority”. (9) In subsection (5)— (a) omit the definitions of “combined authority” and “combined county authority”; (b) after the definition of “English statutory apprenticeship” insert— “relevant authority” means— the Secretary of State, the Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority; “relevant authority’s remit under this Part” means— in relation to financial resources whose provision is secured by the Secretary of State, the Secretary of State’s remit under this Part; in relation to financial resources whose provision is secured by the Mayor of London, a combined authority or CCA, or a district council or county council that is a strategic authority, strategic authorities’ remit under this Part. 7 (1) Section 101 (financial resources: conditions) is amended in accordance with this paragraph. (2) In subsection (1), for “the Secretary of State” substitute “a relevant authority”. (3) In the following provisions, for “the Secretary of State” substitute “the relevant authority”— (a) subsection (3)(a) (in both places); (b) subsection (3)(b) (in both places); (c) subsection (6)(a) (in both places); (d) subsection (6)(b). 8 In section 103 (means tests), after subsection (1) insert— (1A) For the purpose of the exercise of the powers under section 100(1)(c), (d) or (e), the Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority, may— (a) carry out means tests; (b) arrange for other persons to carry out means tests. 9 After section 114 insert— Directions and guidance Directions and guidance to strategic authorities 114A (1) Where the Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority, adopts rules of eligibility for awards by an institution to which it makes grants, loans or other payments under section 100, it must adopt such rules in accordance with any direction given by the Secretary of State. (2) In exercising a function under section 86, 87, 88, 90 or 100, the Mayor of London or Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority, must have regard to guidance issued by the Secretary of State for the purpose of this subsection. 10 In section 115 (persons with special educational needs), for subsections (1) and (2) substitute— (1) The Secretary of State must, in performing functions under this Part, have regard to the needs of persons with special educational needs who are of a kind specified in subsection (2B)(a) or (b). (2A) The Mayor of London or Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority, must, in performing functions under this Part, have regard to the needs of persons with special educational needs who are of a kind specified in subsection (2B)(a). (2B) The persons referred to above are— (a) persons who are aged 19 or over, other than persons aged under 25 for whom an EHC plan is maintained; (b) persons who are subject to adult detention. 11 After section 120A insert— When functions become exercisable by strategic authorities 120B The Mayor of London (1) The functions conferred on the Mayor of London by this Part are exercisable by the Mayor in relation to— (a) the academic year beginning with 1 August 2025, and (b) each subsequent academic year. Combined authority or CCA already exercising the functions (2) Subsection (3) applies to a combined authority or CCA if functions conferred on it by this Part are also pre-commencement functions. (3) The functions continue to be exercisable by the combined authority or CCA on and after the commencement day (but as functions conferred by this Part). Other combined authority or CCA (4) Subsection (5) applies to a combined authority or CCA— (a) if functions conferred on it by this Part are not pre-commencement functions; (b) whether the combined authority or CCA was established before, or is established on or after, the commencement day. (5) The functions conferred on the combined authority or CCA by this Part are exercisable by it in relation to— (a) the second academic year to begin after the academic year during which it was, or is, established, and (b) each subsequent academic year. District or county council already exercising the functions (6) Subsection (7) applies to a district council or county council that is a strategic authority if functions conferred on it by this Part are also pre-designation functions. (7) The functions continue to be exercisable by the district council or county council on and after its designation (but as functions conferred by this Part). Other district or county council (8) Subsection (9) applies to a district council or county council that is a strategic authority if functions conferred on it by this Part are not pre-designation functions. (9) The functions conferred on the district council or county council by this Part are exercisable by it in relation to— (a) the second academic year to begin after the academic year during which its designation takes effect, and (b) each subsequent academic year. Interpretation (10) In this section— “academic year” means each period— beginning with 1 August, and ending with the next 31 July; “commencement day” means the day on which the English Devolution and Community Empowerment Act 2026 is passed; “designation”, in relation to a district council or county council that is a strategic authority, means its designation as a single foundation strategic authority; “pre-commencement functions” means functions which were exercisable by a combined authority or CCA immediately before the commencement day by virtue of— an order under Part 6 of the Local Democracy, Economic Development and Construction Act 2009, or regulations under Chapter 2 of Part 1 of the Levelling-up and Regeneration Act 2023; “pre-designation functions” means functions which are exercisable by a district council or county council immediately before its designation, by virtue of regulations under section 16 of the Cities and Local Government Devolution Act 2016. 12 (1) Section 121 (interpretation) is amended in accordance with this paragraph. (2) In subsection (1), at the appropriate place insert— “CCA” means a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023; “combined authority” means a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009; “district council or county council that is a strategic authority” means a district council or county council that is designated as a single foundation strategic authority under section 3 of the English Devolution and Community Empowerment Act 2026; . (3) After subsection (3) insert— (3A) In this Part a reference to education within strategic authorities’ remit under this Part is a reference to— (a) education falling within section 86(1A)(a), and (b) organised leisure-time occupation in connection with such education. (3B) In this Part a reference to training within strategic authorities’ remit under this Part is a reference to— (a) training falling within section 86(1A)(b)), and (b) organised leisure-time occupation in connection with such training. 13 (1) Section 122 (sharing of information for education and training purposes) is amended in accordance with this paragraph. (2) In subsection (3)— (a) after paragraph (fd) insert— (fe) the Mayor of London; (ff) a person providing services to the Mayor of London; (fg) the Greater London Authority; (fh) a person providing services to the Greater London Authority; . (3) In subsection (5), for paragraphs (d) and (e) substitute— (d) any function of a combined authority under Part 4, (e) any function of a combined county authority under Part 4, (f) any function of the Mayor of London under Part 4, (g) any function of the Greater London Authority under Part 4, or . Part 2 Education for 16-19 year olds etc 14 The Education Act 1996 is amended in accordance with this Part of this Schedule. 15 (1) Section 15ZA (duty in respect of education and training for persons over compulsory school age: England) is amended in accordance with this paragraph. (2) In subsection (1), for “local authority in England” substitute “relevant authority”. (3) In the following provisions, for “local authority” substitute “relevant authority”— (a) subsection (2); (b) subsection (3), in the words before paragraph (a); (c) in subsection (4), in the words before paragraph (a); (d) in subsection (5), in the words before paragraph (a); (e) in subsection (9). 16 In section 15ZB (co-operation in performance of section 15ZA duty), for “Local authorities in England” substitute “Relevant authorities”. 17 In section 15ZC (encouragement of education and training for persons over compulsory school age: England), in subsection (1), in the words before paragraph (a), for “local authority in England” substitute “relevant authority”. 18 In section 579 (general interpretation), in subsection (1), after the definition of “regulations” insert— “relevant authority” means— the Greater London Authority, a local authority in England, a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009, or a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023.