OpenLegislation

Section 88 Learning aims for persons aged 19 or over: payment of tuition feesI1C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19C20C21C22C23C24C25C26C27C28C29

England and Wales

(1)

Functions under this Part must be exercised by the F1relevant authority so as to secure that a course of study for a qualification to which F2paragraph F31(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 F4person, 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.

F5(2A)

Functions under this Part must be exercised by the F6relevant 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 F7relevant 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 F824 ,

(b)

does not have the qualification in question or one (including one awarded by a person outside England) which appears to the F9relevant 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 F10relevant 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.

F11(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.

Annotations

Textual amendments

F1

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)

F2

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

F3

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

F4

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)

F5

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

F6

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)

F7

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)

F8

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

F9

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)

F10

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)

F11

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)

Modifications

C1

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))

C2

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))

C3

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))

C4

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))

C5

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)

C6

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)

C7

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)

C8

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)

C9

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)

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. 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)

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

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)

C14

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))

C15

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)

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. 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)

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. 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)

C21

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.

C22

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.

C23

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.

C24

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)

C25

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)

C26

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)

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. 88 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)