(1) The Secretary of State may secure the provision of facilities for suitable apprenticeship training for persons— (a) who are over compulsory school age but under 19, or (b) who are aged 19 or over but under 25 and for whom an EHC plan is maintained . (2) In deciding for the purposes of subsection (1) whether apprenticeship training is suitable for persons for whom facilities are provided, the Secretary of State must have regard (in particular) to— (a) the persons' ages, abilities and aptitudes, (b) any special educational needs the persons may have, (c) the quality of the training, (d) the locations and times at which the training is provided. (3) In exercising the power conferred by subsection (1), the Secretary of State must have regard (in particular) to the desirability of— (a) encouraging diversity of apprenticeship training available to persons; (b) increasing opportunities for persons to exercise choice; (c) enabling persons to whom Part 1 of the Education and Skills Act 2008 (c. 25) applies to fulfil the duty imposed by section 2 of that Act (duty to participate in education or training). (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In this Part “apprenticeship training” means training provided in connection with— (a) an approved English apprenticeship, or (b) any contract of service (other than an approved English apprenticeship agreement) or contract of apprenticeship.

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83A The apprenticeship offer

(1) The Secretary of State must secure the provision of proper facilities for apprenticeship training that is suitable to the requirements of persons who— (a) are within subsection (4), (5) or (6), and (b) have an apprenticeship opportunity. This is subject to section 83B (limit on scope of apprenticeship offer). (2) The duty imposed by subsection (1) is referred to in this section and section 83B as “the apprenticeship offer”. (3) An apprenticeship opportunity is an opportunity to enter into an approved English apprenticeship. (4) A person within this subsection is one who is over compulsory school age but under 19. (5) A person within this subsection is one who is not within subsection (4) and— (a) is a person aged under 25 towards whom a local authority in England has the duties provided for in section 23C or 23CZB of the Children Act 1989 (continuing functions in relation to certain formerly looked after children), or (b) is a person to whom section 23CA of that Act applies (further assistance for certain formerly looked after children aged under 25), in relation to whom a local authority in England is the responsible local authority (within the meaning of that section). (6) A person within this subsection is one who— (a) is not within subsection (4), and (b) is of a prescribed description. (7) If regulations under subsection (6)(b) describe a person by reference to an age or an age range, the age, or the upper age of the age range, must be less than 25. (8) Facilities are proper if they are— (a) of a quantity sufficient to meet the reasonable needs of individuals, and (b) of a quality adequate to meet those needs. (9) Section 83(2) and (3) (when apprenticeship training is suitable, and matters to which Secretary of State must have regard) apply for the purposes of the apprenticeship offer. (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12) The Secretary of State may by order amend this section for the purpose of changing the descriptions of persons to whom the apprenticeship offer applies.

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83B Limit on scope of the apprenticeship offer

(1) The Secretary of State is not required by the apprenticeship offer to secure the provision of facilities for apprenticeship training for the purpose of assisting a person to achieve a particular approved apprenticeship standard if the person— (a) has already completed an approved English apprenticeship by achieving that standard, (b) has already completed an approved English apprenticeship by achieving another standard and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work), or (c) has worked under another arrangement and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work). (1A) Section A1(6) and (7) (which make provision about when a person completes an approved English apprenticeship and about the meaning of “approved apprenticeship standard”) apply for the purposes of subsection (1). (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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84 Arrangements and co-operation with local authorities

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85 Provision of apprenticeship training etc for persons within section 83 or 83A

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86 Education and training for persons aged 19 or over and others subject to adult detention

(1) The Secretary of State must secure the provision of such facilities as the Secretary of State 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, (b) education suitable to the requirements of persons who are subject to adult detention, and (c) training suitable to the requirements of persons within paragraphs (a) and (b). (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. (2) This section does not apply to the provision of facilities to the extent that section 83A or 87 applies to the provision of those facilities. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) For the purposes of this section a reference to the provision of facilities for education or training (except so far as relating to facilities for persons subject to adult detention) includes a reference to the provision of facilities for organised leisure-time occupation in connection with education or (as the case may be) training. (6) For the purposes of this section— “education” includes full-time and part-time education; “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; “training” includes— full-time and part-time training; vocational, social, physical and recreational training; apprenticeship training. (7) In this Part, “organised leisure-time occupation” means leisure-time occupation, in such organised cultural training and recreational activities as are suited to the requirements of persons who fall within subsection (1)(a) or (b) or (1A)(a), for any such persons who are able and willing to profit by facilities provided for that purpose. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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87 Learning aims for persons aged 19 or over: provision of facilities

(1) The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate for relevant education or training for persons falling within subsection (3) which is suitable to their requirements. (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. (2) Relevant education or training is education or vocational training provided by means of a course of study for a qualification to which paragraph 1 of Schedule 5 applies. (3) The persons falling within this subsection are persons who— (a) are aged 19 or over, and are not persons aged under 25 for whom an EHC plan is maintained, (b) do 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 subsection (1) or (1A) to be at a comparable or higher level, and (c) satisfy such conditions as may be specified in regulations. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) For the purposes of this section— “education” includes full-time and part-time education; “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; “training” includes full-time and part-time training.

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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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89 Sections 87 and 88: supplementary

(1) Regulations may make provision as to circumstances in which— (a) despite having a specified qualification, a person is to be treated for the purposes of section 87 or 88 as not having that qualification; (b) despite not having a specified qualification, a person is to be treated for any of those purposes as having that qualification. (2) A condition specified in regulations under section 87 or 88 may, in particular, relate to— (a) the possession, or lack, of a specified qualification; (b) the completion of, or failure to complete, a course for a specified qualification. (3) A reference in subsection (1) or (2) to a specified qualification is to a qualification specified, or of a description specified, in the regulations. (4) Regulations under this section, or under section 87 or 88, may confer a function (which may relate to the administration of an assessment and may include the exercise of a discretion) on a person specified, or of a description specified, in the regulations. (5) Nothing in section 87 or 88 applies to the provision of facilities, or to courses of study, for persons subject to adult detention. (6) Part 2 of Schedule 5 makes further provision for the purposes of sections 87 and 88.

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90 Encouragement of education and training for persons aged 19 or over and others subject to adult detention

(1) The Secretary of State must— (a) encourage participation by persons within section 86(1)(a) and (b) in education and training within the Secretary of State's remit under this Part; (b) encourage employers to participate in the provision of education and training within the Secretary of State's remit under this Part for persons within section 86(1)(a); (c) encourage employers to contribute to the costs of education and training within the Secretary of State's remit under this Part for such persons. (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. (2) For the purposes of subsection (1)(b) or (1A)(b), participating in the provision of training includes participating by entering into— (a) an approved English apprenticeship, or (b) any contract of employment (other than an approved English apprenticeship agreement) in connection with which training is provided.

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100 Provision of financial resources

(1) The A relevant authority may secure the provision of financial resources under this subsection to— (a) persons providing or proposing to provide education or training within the relevant authority’s remit under this Part; (b) persons providing or proposing to provide goods or services in connection with the provision by others of such education or training; (c) persons receiving or proposing to receive such education or training; (d) persons aged 18 receiving or proposing to receive education or training; (e) persons making loans to others receiving or proposing to receive education or training; (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) persons undertaking or proposing to undertake research relating to education or training; (h) persons carrying out means tests under arrangements made under section 103; (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (j) persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment). (1A) The Secretary of State may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1))— (a) for the purpose of encouraging the provision of opportunities for individuals to complete English statutory apprenticeships or to undertake work following the completion of such apprenticeships, or (b) otherwise in connection with English statutory apprenticeships. (1AA) 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 combined authority .... (1AB) 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 CCA. (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. (1B) A relevant authority may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1)) in connection with approved technical education qualifications or approved steps towards occupational competence. (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. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) A relevant authority may secure the provision of financial resources under this section— (a) by providing the resources; (b) by making arrangements for the provision of resources by another person; (c) by making arrangements for the provision of resources by persons jointly (whether or not including the relevant authority). (4) A relevant authority may secure the provision of financial resources under this section by reference to— (a) any fees or charges payable by the person receiving or proposing to receive the education or training, or (b) any other matter (such as transport or childcare). (5) In this section— “approved steps towards occupational competence” has the meaning given by section A2D4; “approved technical education qualification” has the meaning given by section A12(1); ... ... “English statutory apprenticeship” has the same meaning as in section 40A (see subsection (3) of that section). “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.

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101 Financial resources: conditions

(1) Financial resources provided by a relevant authority under section 100 may be provided subject to conditions , subject to section 101A. (2) The conditions may (among other things) include— (a) information conditions; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) repayment conditions. (3) Information conditions are conditions which— (a) require the relevant authority, or a person designated by the relevant authority, to be given access to a person's accounts and documents and to be given rights in relation to a person's computers and associated apparatus and material, or (b) require a person to whom financial resources are provided to give to the relevant authority such information as the relevant authority may request for the purpose of carrying out functions under this Part. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Repayment conditions are conditions which— (a) enable the relevant authority to require the repayment (in whole or part) of sums paid by the relevant authority if any of the conditions subject to which the sums were paid is not complied with; (b) require the payment of interest in respect of any period in which a sum due to the relevant authority in accordance with any condition is unpaid.

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101A Financial resources: welfare

(1) The Secretary of State may not provide financial resources to a person under— (a) section 100(1A) for the provision of training as part of a relevant English statutory apprenticeship, or (b) section 100(1B) for the provision of education or training as part of an approved technical education qualification or approved step towards occupational competence, unless the resources are provided subject to conditions requiring the person to comply with the safeguarding duties. (2) “The safeguarding duties” are— (a) a duty to make arrangements to safeguard and promote the welfare of children receiving the education or training mentioned in subsection (1)(a) or (b) (as the case may be), and (b) a duty to have regard to any guidance given from time to time by the Secretary of State in considering what arrangements are required. (3) In this section, a “relevant English statutory apprenticeship” means an apprenticeship falling within section 40A(3)(a) to (c).

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102 Performance assessments

(1) The Secretary of State may adopt or develop schemes for the assessment of the performance of persons in providing education or training within the Secretary of State's remit under this Part . (2) The Secretary of State may take the assessments into account in deciding how to exercise the powers under section 100.

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103 Means tests

(1) For the purpose of the exercise of the powers under section 100(1)(c), (d) or (e), the Secretary of State may— (a) carry out means tests; (b) arrange for other persons to carry out means tests. (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. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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104 Assistance and support in relation to apprenticeship places

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105 Promoting progression from level 2 to level 3 apprenticeships

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106 Advice and assistance in relation to apprenticeships

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107 Provision of services

(1) The Secretary of State may make arrangements with a permitted recipient for the provision by the Secretary of State of services that are required by the permitted recipient in connection with the exercise of the recipient's functions relating to education or training. (2) The services that may be provided under arrangements made under subsection (1) include— (a) providing accommodation and other facilities to a permitted recipient or managing such facilities on behalf of a permitted recipient; (b) procuring, or assisting in procuring, goods and services for use by a permitted recipient. (3) The terms and conditions upon which the arrangements are made may include provision for making payments to the Secretary of State in respect of expenditure incurred by the Secretary of State in performing any function under the arrangements. (4) In this section “permitted recipient” means— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the Welsh Ministers; (c) the Scottish Ministers; (d) a Northern Ireland department; (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) a person, wholly or partly funded from public funds, who has functions relating to education or training; (g) any other person specified, or of a description specified, by order made by the appropriate national authority for the purposes of this section. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Before making arrangements under which it may provide services to a permitted recipient who falls within paragraph (a), (e), (f) or (g) of subsection (4) in connection with the exercise of the recipient's functions relating to education or training provided in Wales, Scotland or Northern Ireland, the Secretary of State must obtain— (a) in relation to education or training provided in Wales, the consent of the Welsh Ministers; (b) in relation to education or training provided in Scotland, the consent of the Scottish Ministers; (c) in relation to education or training provided in Northern Ireland, the consent of the Minister for Employment and Learning in Northern Ireland. (7) Consent may be given under subsection (5) or (6) in relation to particular arrangements or arrangements of a particular description. (8) “The appropriate national authority” means— (a) in relation to a person exercising functions relating only to education or training provided in Wales, the Welsh Ministers; (b) in relation to a person exercising functions relating only to education or training provided in Scotland, the Scottish Ministers; (c) in relation to a person exercising functions relating only to education or training provided in Northern Ireland, the Department for Employment and Learning in Northern Ireland; (d) in any other case, the Secretary of State.

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108 Assistance with respect to employment and training

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109 Assistance with respect to employment and training: Northern Ireland

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110 Research, information and advice

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111 Power to confer supplementary functions on Chief Executive

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112 Strategies for functions of Chief Executive

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113

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114 Strategies: duty of Chief Executive

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114A Directions and guidance to strategic authorities

(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.

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115 Persons with special educational needs

(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. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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116 Persons subject to adult detention

The Secretary of State must, in performing functions under this Part, have regard to the needs of persons subject to adult detention.

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117 Use of information by Chief Executive

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118 Guidance

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