{
  "url": "https://openlegislation.uk/apprenticeships-skills-children-and-learning-act-2009/section-88",
  "json_url": "https://openlegislation.uk/apprenticeships-skills-children-and-learning-act-2009/section-88.json",
  "legislation": "ukpga/2009/22",
  "legislation_title": "Apprenticeships, Skills, Children and Learning Act 2009",
  "legislation_url": "https://openlegislation.uk/apprenticeships-skills-children-and-learning-act-2009",
  "path": "section/88",
  "kind": "section",
  "number": "88",
  "heading": "Learning aims for persons aged 19 or over: payment of tuition fees",
  "text": "(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.\n(2) A person falls within this subsection if, at the time of starting the course in question, the person—\n(a) is aged 19 or over,\n(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\n(c) satisfies such conditions as may be specified in regulations.\n(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.\n(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.\n(4) A person falls within this subsection if, at the time of starting the course in question, the person—\n(a) is aged at least 19 but less than 24 ,\n(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\n(c) satisfies such conditions as may be specified in regulations.\n(5) The Secretary of State may by order—\n(a) amend subsection (2)(a) by substituting a different age for the age for the time being referred to;\n(b) amend subsection (4)(a) by substituting a different age for either of the ages for the time being referred to.\n(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—\n(a) the relevant authority, or\n(b) a body specified by order by the Secretary of State for the purposes of this section.\n(7) In subsection (6) “tuition fees”, in relation to a course, means—\n(a) the fees charged in respect of the course by the person providing it, and\n(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.\n(8) In this section “relevant authority” means—\n(a) the Secretary of State,\n(b) the Mayor of London,\n(c) a combined authority or CCA, or\n(d) a district council or county council that is a strategic authority.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 88(1) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 4(2) (with s. 102)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 88(1) substituted (1.8.2012) by Education Act 2011 (c. 21), ss. 73(2)(a), 82(3); S.I. 2012/1087, art. 2"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 88(1) substituted (1.8.2020) by Digital Economy Act 2017 (c. 30), ss. 114(2), 118(6); S.I. 2020/70, reg. 2"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 88(2)(b) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 4(3) (with s. 102)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "S. 88(2A) inserted (1.8.2012) by Education Act 2011 (c. 21), ss. 73(2)(b), 82(3); S.I. 2012/1087, art. 2"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in s. 88(2A) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 4(4) (with s. 102)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in s. 88(3) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 4(4) (with s. 102)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Word in s. 88(4)(a) substituted (1.8.2012 for specified purposes, 1.8.2013 in so far as not already in force) by Education Act 2011 (c. 21), ss. 73(2)(c), 82(3); S.I. 2012/1087, art. 2; S.I. 2012/2213, art. 4"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in s. 88(4)(b) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 4(5) (with s. 102)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in s. 88(6)(a) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 4(6) (with s. 102)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "S. 88(8) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 4(7) (with s. 102)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "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))"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "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))"
    },
    {
      "type": "C",
      "label": "C3",
      "text": "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))"
    },
    {
      "type": "C",
      "label": "C4",
      "text": "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))"
    },
    {
      "type": "C",
      "label": "C5",
      "text": "S. 88: 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)"
    },
    {
      "type": "C",
      "label": "C6",
      "text": "S. 88: 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)"
    },
    {
      "type": "C",
      "label": "C7",
      "text": "S. 88: 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)"
    },
    {
      "type": "C",
      "label": "C8",
      "text": "S. 88: 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)"
    },
    {
      "type": "C",
      "label": "C9",
      "text": "S. 88: 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)"
    },
    {
      "type": "C",
      "label": "C10",
      "text": "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))"
    },
    {
      "type": "C",
      "label": "C11",
      "text": "S. 88: 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)"
    },
    {
      "type": "C",
      "label": "C12",
      "text": "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))"
    },
    {
      "type": "C",
      "label": "C13",
      "text": "S. 88: 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)"
    },
    {
      "type": "C",
      "label": "C14",
      "text": "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))"
    },
    {
      "type": "C",
      "label": "C15",
      "text": "S. 88: 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)(c)(2)(3) (with art. 8)"
    },
    {
      "type": "C",
      "label": "C16",
      "text": "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"
    },
    {
      "type": "C",
      "label": "C17",
      "text": "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"
    },
    {
      "type": "C",
      "label": "C18",
      "text": "S. 88: 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)(c)(2)(3) (with art. 8)"
    },
    {
      "type": "C",
      "label": "C19",
      "text": "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)"
    },
    {
      "type": "C",
      "label": "C20",
      "text": "S. 88: 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)"
    },
    {
      "type": "C",
      "label": "C21",
      "text": "S. 88: 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."
    },
    {
      "type": "C",
      "label": "C22",
      "text": "S. 88: 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."
    },
    {
      "type": "C",
      "label": "C23",
      "text": "S. 88: 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."
    },
    {
      "type": "C",
      "label": "C24",
      "text": "S. 88: 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)"
    },
    {
      "type": "C",
      "label": "C25",
      "text": "S. 88: 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)"
    },
    {
      "type": "C",
      "label": "C26",
      "text": "S. 88: 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)"
    },
    {
      "type": "C",
      "label": "C27",
      "text": "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))"
    },
    {
      "type": "C",
      "label": "C28",
      "text": "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))"
    },
    {
      "type": "C",
      "label": "C29",
      "text": "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))"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 88 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2009/22/section/88",
    "retrieved_at": "2026-10-29T09:10:50.261352+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}