Apprenticeships, Skills, Children and Learning Act 2009
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Change 1
As published
88 Learning aims for persons aged 19 or over: payment of tuition fees
(1) Functions under this Part must be exercised by the relevant authority so as to secure that a course of study for a qualification to which paragraph 1(a), (b) or (ba) of Schedule 5 applies is free to a person falling within subsection (2) if it is provided for the person by virtue of facilities whose provision is secured under section 87.
(2) A person falls within this subsection if, at the time of starting the course in question, the person—
(a) is aged 19 or over,
(b) does not have the qualification in question or one (including one awarded by a person outside England) which appears to the person, authority or council exercising the function under this Part to be at a comparable or higher level, and
(c) satisfies such conditions as may be specified in regulations.
(2A) Functions under this Part must be exercised by the relevant authority so as to secure that a course of study for a qualification to which paragraph 1(c) of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 87.
(3) Functions under this Part must be exercised by the relevant authority so as to secure that a course of study for a qualification to which paragraph 2 of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 86.
(4) A person falls within this subsection if, at the time of starting the course in question, the person—
(a) is aged at least 19 but less than 24 ,
(b) does not have the qualification in question or one (including one awarded by a person outside England) which appears to the relevant authority securing the provision of the facilities under section 86 to be at a comparable or higher level, and
(c) satisfies such conditions as may be specified in regulations.
(5) The Secretary of State may by order—
(a) amend subsection (2)(a) by substituting a different age for the age for the time being referred to;
(b) amend subsection (4)(a) by substituting a different age for either of the ages for the time being referred to.
(6) For the purposes of this section, a course is free to a person if no tuition fees in respect of the provision of the course for the person are payable by a person other than—
(a) the relevant authority, or
(b) a body specified by order by the Secretary of State for the purposes of this section.
(7) In subsection (6) “tuition fees”, in relation to a course, means—
(a) the fees charged in respect of the course by the person providing it, and
(b) such fees in respect of other matters relating to the course (such as undergoing a preliminary assessment or sitting an examination) as may be specified in regulations.
(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.
Your change, as a redline
88 Learning aims for persons aged 19 or over: payment of tuition fees
(1) Functions under this Part must be exercised by the relevant authority so as to secure that a course of study for a qualification to which paragraph 1(a), (b) or (ba) of Schedule 5 applies is free to a person falling within subsection (2) if it is provided for the person by virtue of facilities whose provision is secured under section 87.
(2) A person falls within this subsection if, at the time of starting the course in question, the person—
(a) is aged 19 or over,
(b) does not have the qualification in question or one (including one awarded by a person outside England) which appears to the person, authority or council exercising the function under this Part to be at a comparable or higher level, and
(c) satisfies such conditions as may be specified in regulations.
(2A) Functions under this Part must be exercised by the relevant authority so as to secure that a course of study for a qualification to which paragraph 1(c) of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 87.
(3) Functions under this Part must be exercised by the relevant authority so as to secure that a course of study for a qualification to which paragraph 2 of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 86.
(4) A person falls within this subsection if, at the time of starting the course in question, the person—
(a) is aged at least 19 but less than 24 ,
(b) does not have the qualification in question or one (including one awarded by a person outside England) which appears to the relevant authority securing the provision of the facilities under section 86 to be at a comparable or higher level, and
(c) satisfies such conditions as may be specified in regulations.
(5) The Secretary of State may by order—
(a) amend subsection (2)(a) by substituting a different age for the age for the time being referred to;
(b) amend subsection (4)(a) by substituting a different age for either of the ages for the time being referred to.
(6) For the purposes of this section, a course is free to a person if no tuition fees in respect of the provision of the course for the person are payable by a person other than—
(a) the relevant authority, or
(b) a body specified by order by the Secretary of State for the purposes of this section.
(7) In subsection (6) “tuition fees”, in relation to a course, means—
(a) the fees charged in respect of the course by the person providing it, and
(b) such fees in respect of other matters relating to the course (such as undergoing a preliminary assessment or sitting an examination) as may be specified in regulations.
(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.
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