OpenLegislation

Section 87 Learning aims for persons aged 19 or over: provision of facilitiesI1C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19C20C21C22C23C24C25C26C27C28C29

England and Wales

(1)

F1The 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.

F2(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 F3for 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 F4person, 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.

F5(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

For the purposes of this section—

  • “education” includes full-time and part-time education;

  • F7“relevant area” means—

    1. (a)

      in relation to the Mayor of London, Greater London;

    2. (b)

      in relation to a combined authority or CCA, its area;

    3. (c)

      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.

Annotations

Textual amendments

F1

Words in s. 87(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 10(2)

F2

S. 87(1A)(1B) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 3(2) (with s. 102)

F3

Words in s. 87(3)(a) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 91; S.I. 2014/889, art. 7(a)

F4

Words in s. 87(3)(b) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 3(3) (with s. 102)

F5

S. 87(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 10(4)

F6

S. 87(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 10(4)

F7

Words in s. 87(6) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 3(4) (with s. 102)

Modifications

C1

S. 87: transfer of functions (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 3 (with arts. 1(2), 5)

C2

Ss. 86-88 applied (with modifications) (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 6, Sch. (with art. 1(2))

C3

Ss. 86-88 applied (with modifications) (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 6, Sch. (with art. 1(2))

C4

S. 87: transfer of functions (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 3 (with arts. 1(2), 5)

C5

S. 87: transfer of functions (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 3 (with arts. 1(2), 5)

C6

S. 87: transfer of functions (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 3 (with arts. 1(2), 5)

C7

Ss. 86-88 applied (with modifications) (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 6, Sch. (with art. 1(2))

C8

Ss. 86-88 applied (with modifications) (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 6, Sch. (with art. 1(2))

C9

S. 87: transfer of functions (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 3 (with arts. 1(2), 5)

C10

Ss. 86-88 applied (with modifications) (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 6, Sch. (with art. 1(2))

C11

S. 87: transfer of functions (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 3 (with arts. 1(2), 5)

C12

Ss. 86-88 applied (with modifications) (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 6, Sch. (with art. 1(2))

C13

Ss. 86-88 applied (with modifications) (5.11.2019) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019 (S.I. 2019/1457), arts. 1(1), 6, Sch. (with art. 1(2))

C14

S. 87: transfer of functions (5.11.2019) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019 (S.I. 2019/1457), arts. 1(1), 3 (with arts. 1(2), 5)

C15

S. 87: transfer of functions (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 6(1)(b)(2)(3) (with art. 8)

C16

Ss. 86-88 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 9, Sch. 1

C17

Ss. 86-88 applied (with modifications) (E.) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 9, Sch. 1

C18

S. 87: transfer of functions (E.) (with application in accordance with art. 1(5)(6) of the amending S.I.) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 6(1)(b)(2)(3) (with art. 8)

C19

Ss. 86-88 applied (with modifications) (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 32, Sch. 3 (with art. 9)

C20

S. 87: transfer of functions (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 29 (with art. 9)

C21

S. 87: transfer of functions (with application in accordance with art. 1(3)(4) of the amending S.I.) by The York and North Yorkshire Combined Authority (Adult Education Functions) Order 2025 (S.I. 2025/601), arts. 1(1), 3, 6, Sch.

C22

S. 87: transfer of functions (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The East Midlands Combined County Authority (Adult Education Functions) Regulations 2025 (S.I. 2025/602), regs. 1(1), 3, 6, Sch.

C23

S. 87: transfer of functions (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Cornwall Council (Adult Education Functions) Regulations 2025 (S.I. 2025/603), regs. 1(1), 3, 6, Sch.

C24

S. 87: transfer of functions (22.4.2026) by The Surrey County Council (Adult Education Functions) Regulations 2026 (S.I. 2026/447), regs. 1(1), 3 (with regs. 1(3)(4), 5)

C25

S. 87: transfer of functions (22.4.2026) by The Buckinghamshire Council (Adult Education Functions) Regulations 2026 (S.I. 2026/446), regs. 1(1), 3 (with regs. 1(3)(4), 5)

C26

S. 87: transfer of functions (22.4.2026) by The Warwickshire County Council (Adult Education Functions) Regulations 2026 (S.I. 2026/448), regs. 1(1), 3 (with regs. 1(3)(4), 5)

C27

Ss. 86-88 applied (with modifications) (22.4.2026) by The Buckinghamshire Council (Adult Education Functions) Regulations 2026 (S.I. 2026/446), regs. 1(1), 6, Sch. (with reg. 1(3)(4))

C28

Ss. 86-88 applied (with modifications) (22.4.2026) by The Surrey County Council (Adult Education Functions) Regulations 2026 (S.I. 2026/447), regs. 1(1), 6, Sch. (with reg. 1(3)(4))

C29

Ss. 86-88 applied (with modifications) (22.4.2026) by The Warwickshire County Council (Adult Education Functions) Regulations 2026 (S.I. 2026/448), regs. 1(1), 6, Sch. (with reg. 1(3)(4))

Commencement

I1

S. 87 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Notes on Part 4

Textual amendments

F1

Pt. 4 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(a)

Notes on Chapter 1

Textual amendments

F1

Pt. 4 Ch. 1 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(b)