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The Combined Authorities (Adult Education Functions) (Amendment) Order 2025

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2025, ISBN 9780348272048

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 117(2) of the Local Democracy, Economic Development and Construction Act 2009 (c. 20), for approval by resolution of each House of Parliament.

LOCAL GOVERNMENT, ENGLAND

EDUCATION, ENGLAND

Made ***

Coming into force in accordance with article 1(1)

The Secretary of State makes this Order in exercise of the powers conferred by sections 105A(1)(a), (2)(a), (3)(b), 114(1) and 117(5) of the Local Democracy, Economic Development and Construction Act 2009f1 (“the 2009 Act”).

In accordance with section 105B(1)(b) and (2) of the 2009 Actf2 the following Combined Authorities and each of their respective constituent councils have consented to the making of this Order—

  1. (a)

    the Greater Manchester Combined Authorityf3;

  2. (b)

    the Liverpool City Region Combined Authorityf4;

  3. (c)

    the West of England Combined Authorityf5;

  4. (d)

    the West Midlands Combined Authorityf6;

  5. (e)

    the Tees Valley Combined Authorityf7;

  6. (f)

    the Cambridgeshire and Peterborough Combined Authorityf8;

  7. (g)

    the South Yorkshire Mayoral Combined Authorityf9;

  8. (h)

    the West Yorkshire Combined Authorityf10;

  9. (i)

    the North East Mayoral Combined Authorityf11.

The Secretary of State considers that in accordance with sections 105B(1)(b), 113(1)(a) and (aa) of the 2009 Actf12, the making of this Order is—

  1. (a)

    likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the areas to which this Order relates; and

  2. (b)

    appropriate having regard to the need to secure effective and convenient local government, and to reflect the identities and interests of local communities.

A public consultation has been carried out in accordance with section 113(1)(b) and (2) of the 2009 Actf13.

In accordance with section 105B(9) of the 2009 Act, the Secretary of State has laid a report before Parliament explaining the effect of this Order and why the Secretary of State considers it appropriate to make this Order.

A draft of this Order has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 117(2) of the 2009 Actf14.

Annotations to the whole text

Footnotes

f1

2009 c. 20. Section 105A was inserted by section 7 of the Cities and Local Government Devolution Act 2016 (c. 1) (“the 2016 Act”). Section 117(5) was inserted by paragraph 29 of Schedule 5 to the 2016 Act.

f2

Section 105B was inserted by section 7 of the Cities and Local Government Devolution Act 2016 (c. 1). Section 105B(1)(b) was amended by section 67(2) of the Levelling-up and Regeneration Act 2023 (c. 55).

f3

A body corporate established under article 3 of S.I. 2011/908. The constituent councils of the Greater Manchester Combined Authority are the metropolitan district councils for the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford and Wigan.

f4

The Liverpool City Region Combined Authority is a body corporate established under article 3 of S.I. 2014/865. The Combined Authority was formerly known as the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority. It has been known as the Liverpool City Region Combined Authority since 1st April 2014 in accordance with a resolution notified to the Secretary of State under section 97 of the Local Transport Act 2008 (c. 26), as applied to a combined authority by section 104(4) of the Local Democracy, Economic Development and Construction Act 2009 (c. 20). Its constituent councils are the councils for the local government areas of Halton, Knowsley, Liverpool, Sefton, St Helens and Wirral.

f5

A body corporate established under article 3 of S.I. 2017/126. The constituent councils of the West of England Combined Authority are the councils for the local government areas of Bath and North East Somerset, Bristol City and South Gloucestershire.

f6

A body corporate established under article 3 of S.I. 2016/653. The constituent councils of the West Midlands Combined Authority are the councils for the local government areas of Birmingham, Coventry, Dudley, Sandwell, Solihull, Walsall and Wolverhampton.

f7

A body corporate established under article 3 of S.I. 2016/449. The constituent councils of the Tees Valley Combined Authority are the councils for the local government areas of Darlington, Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton-on-Tees.

f8

A body corporate established under article 3 of S.I. 2017/251. The constituent councils of the Cambridgeshire and Peterborough Combined Authority are the councils for the local government areas of Cambridge, Cambridgeshire, East Cambridgeshire, Fenland, Huntingdonshire, Peterborough and South Cambridgeshire.

f9

The South Yorkshire Mayoral Combined Authority is a body corporate established under article 3 of S.I. 2014/863. The Combined Authority was formerly known as the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority. It has been known as the South Yorkshire Mayoral Combined Authority since 17th September 2021 in accordance with a resolution notified to the Secretary of State under section 97 of the Local Transport Act 2008 (c. 26), as applied to a combined authority by section 104(4) of the Local Democracy, Economic Development and Construction Act 2009 (c. 20). Its constituent councils are Sheffield City Council, Barnsley Metropolitan Borough Council, City of Doncaster Council and Rotherham Metropolitan Borough Council.

f10

A body corporate established under article 3 of S.I. 2014/864. The constituent councils of the West Yorkshire Combined Authority are the metropolitan district councils for the local government areas of Bradford, Calderdale, Kirklees, Leeds and Wakefield.

f11

A body corporate established under article 5 of S.I. 2024/402. The constituent councils of the North East Mayoral Combined Authority are the councils for the local government areas of Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland.

f12

Section 113(1) was substituted by section 14 of the Cities and Local Government Devolution Act 2016 (c. 1) and amended by section 66 of the Levelling-up and Regeneration Act 2023 (c. 55).

f13

The public consultation ran between 8th November 2024 and 6th December 2024. The Secretary of State was provided with a summary of the consultation responses.

f14

Section 117(2) was substituted by section 13(2) of the Localism Act 2011 (c. 20).

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Greater Manchester Combined Authority (Adult Education Functions) Order 2018
  3. 3Amendment of the Liverpool City Region Combined Authority (Adult Education Functions) Order 2018
  4. 4Amendment of the West of England Combined Authority (Adult Education Functions) Order 2018
  5. 5Amendment of the West Midlands Combined Authority (Adult Education Functions) Order 2018
  6. 6Amendment of the Tees Valley Combined Authority (Adult Education Functions) Order 2018
  7. 7Amendment of the Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018
  8. 8Amendment of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020
  9. 9Amendment of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021
  10. 10Amendment of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024
  11. Signature
  12. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Combined Authorities (Adult Education Functions) (Amendment) Order 2025 and comes into force on the day after the day on which it is made.

(2)

This Order extends to England and Wales.

2Amendment of the Greater Manchester Combined Authority (Adult Education Functions) Order 2018

(1)

The Greater Manchester Combined Authority (Adult Education Functions) Order 2018f1 is amended as follows.

(2)

In article 4—

(a)

in paragraph (1)—

(i)

for “paragraph (2)” substitute “paragraphs (2), (2A) and (2B)”;

(ii)

omit the “and” after sub-paragraph (a);

(b)

after paragraph (1)(b), insert—

“; and

(c)

section 100(1B) (provision of financial resources in connection with approved technical education qualifications or approved steps towards occupational competence).”;

(c)

in paragraph (2), omit sub-paragraph (a) and the “or” after it;

(d)

after paragraph (2) insert—

“(2A)

The functions mentioned in paragraph (1)(a) and (b) do not include any function relating to apprenticeship training.

(2B)

The function mentioned in paragraph (1)(c) does not include any function relating to a 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—

(a)

aged under 19; or

(b)

aged under 25 for whom an EHC Plan is maintained.

(2C)

In paragraph (2B), an “EHC Plan” means a plan within the meaning of section 37(2) of the Children and Families Act 2014f2.”.

(3)

In the Schedule, after paragraph 6(b) insert—

“(ba)

in subsection (1B), for the reference to “Secretary of State” there were substituted “Combined Authority”;”.

3Amendment of the Liverpool City Region Combined Authority (Adult Education Functions) Order 2018

(1)

The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018f1 is amended as follows.

(2)

In article 4—

(a)

in paragraph (1)—

(i)

for “paragraph (2)” substitute “paragraphs (2), (2A) and (2B)”;

(ii)

omit the “and” after sub-paragraph (a);

(b)

after paragraph (1)(b), insert—

“; and

(c)

section 100(1B) (provision of financial resources in connection with approved technical education qualifications or approved steps towards occupational competence).”;

(c)

in paragraph (2), omit sub-paragraph (a) and the “or” after it;

(d)

after paragraph (2) insert—

“(2A)

The functions mentioned in paragraph (1)(a) and (b) do not include any function relating to apprenticeship training.

(2B)

The function mentioned in paragraph (1)(c) does not include any function relating to a 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—

(a)

aged under 19; or

(b)

aged under 25 for whom an EHC Plan is maintained.

(2C)

In paragraph (2B), an “EHC Plan” means a plan within the meaning of section 37(2) of the Children and Families Act 2014.”.

(3)

In the Schedule, after paragraph 6(b) insert—

“(ba)

in subsection (1B), for the reference to “Secretary of State” there were substituted “Combined Authority”;”.

4Amendment of the West of England Combined Authority (Adult Education Functions) Order 2018

(1)

The West of England Combined Authority (Adult Education Functions) Order 2018f1 is amended as follows.

(2)

In article 4—

(a)

in paragraph (1)—

(i)

for “paragraph (2)” substitute “paragraphs (2), (2A) and (2B)”;

(ii)

omit the “and” after sub-paragraph (a);

(b)

after paragraph (1)(b), insert—

“; and

(c)

section 100(1B) (provision of financial resources in connection with approved technical education qualifications or approved steps towards occupational competence).”;

(c)

in paragraph (2), omit sub-paragraph (a) and the “or” after it;

(d)

after paragraph (2) insert—

“(2A)

The functions mentioned in paragraph (1)(a) and (b) do not include any function relating to apprenticeship training.

(2B)

The function mentioned in paragraph (1)(c) does not include any function relating to a 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—

(a)

aged under 19; or

(b)

aged under 25 for whom an EHC Plan is maintained.

(2C)

In paragraph (2B), an “EHC Plan” means a plan within the meaning of section 37(2) of the Children and Families Act 2014.”.

(3)

In the Schedule, after paragraph 6(b) insert—

“(ba)

in subsection (1B), for the reference to “Secretary of State” there were substituted “Combined Authority”;”.

5Amendment of the West Midlands Combined Authority (Adult Education Functions) Order 2018

(1)

The West Midlands Combined Authority (Adult Education Functions) Order 2018f1 is amended as follows.

(2)

In article 4—

(a)

in paragraph (1)—

(i)

for “paragraph (2)” substitute “paragraphs (2), (2A) and (2B)”;

(ii)

omit the “and” after sub-paragraph (a);

(b)

after paragraph (1)(b), insert—

“; and

(c)

section 100(1B) (provision of financial resources in connection with approved technical education qualifications or approved steps towards occupational competence).”;

(c)

in paragraph (2), omit sub-paragraph (a) and the “or” after it;

(d)

after paragraph (2) insert—

“(2A)

The functions mentioned in paragraph (1)(a) and (b) do not include any function relating to apprenticeship training.

(2B)

The function mentioned in paragraph (1)(c) does not include any function relating to a 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—

(a)

aged under 19; or

(b)

aged under 25 for whom an EHC Plan is maintained.

(2C)

In paragraph (2B), an “EHC Plan” means a plan within the meaning of section 37(2) of the Children and Families Act 2014.”.

(3)

In the Schedule, after paragraph 6(b) insert—

“(ba)

in subsection (1B), for the reference to “Secretary of State” there were substituted “Combined Authority”;”.

6Amendment of the Tees Valley Combined Authority (Adult Education Functions) Order 2018

(1)

The Tees Valley Combined Authority (Adult Education Functions) Order 2018f1 is amended as follows.

(2)

In article 4—

(a)

in paragraph (1)—

(i)

for “paragraph (2)” substitute “paragraphs (2), (2A) and (2B)”;

(ii)

omit the “and” after sub-paragraph (a);

(b)

after paragraph (1)(b), insert—

“; and

(c)

section 100(1B) (provision of financial resources in connection with approved technical education qualifications or approved steps towards occupational competence).”;

(c)

in paragraph (2), omit sub-paragraph (a) and the “or” after it;

(d)

after paragraph (2) insert—

“(2A)

The functions mentioned in paragraph (1)(a) and (b) do not include any function relating to apprenticeship training.

(2B)

The function mentioned in paragraph (1)(c) does not include any function relating to a 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—

(a)

aged under 19; or

(b)

aged under 25 for whom an EHC Plan is maintained.

(2C)

In paragraph (2B), an “EHC Plan” means a plan within the meaning of section 37(2) of the Children and Families Act 2014.”.

(3)

In the Schedule, after paragraph 6(b) insert—

“(ba)

in subsection (1B), for the reference to “Secretary of State” there were substituted “Combined Authority”;”.

7Amendment of the Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018

(1)

The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018f1 is amended as follows.

(2)

In article 4—

(a)

in paragraph (1)—

(i)

for “paragraph (2)” substitute “paragraphs (2), (2A) and (2B)”;

(ii)

omit the “and” after sub-paragraph (a);

(b)

after paragraph (1)(b), insert—

“; and

(c)

section 100(1B) (provision of financial resources in connection with approved technical education qualifications or approved steps towards occupational competence).”;

(c)

in paragraph (2), omit sub-paragraph (a) and the “or” after it;

(d)

after paragraph (2) insert—

“(2A)

The functions mentioned in paragraph (1)(a) and (b) do not include any function relating to apprenticeship training.

(2B)

The function mentioned in paragraph (1)(c) does not include any function relating to a 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—

(a)

aged under 19; or

(b)

aged under 25 for whom an EHC Plan is maintained.

(2C)

In paragraph (2B), an “EHC Plan” means a plan within the meaning of section 37(2) of the Children and Families Act 2014.”.

(3)

In the Schedule, after paragraph 6(b) insert—

“(ba)

in subsection (1B), for the reference to “Secretary of State” there were substituted “Combined Authority”;”.

8Amendment of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020

(1)

The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020f1 is amended as follows.

(2)

In article 7—

(a)

in paragraph (1)—

(i)

for “paragraph (2)” substitute “paragraphs (2), (2A) and (2B)”;

(ii)

omit the “and” after sub-paragraph (a);

(b)

after paragraph (1)(b), insert—

“; and

(c)

section 100(1B) (provision of financial resources in connection with approved technical education qualifications or approved steps towards occupational competence).”;

(c)

in paragraph (2), omit sub-paragraph (a) and the “or” after it;

(d)

after paragraph (2) insert—

“(2A)

The functions mentioned in paragraph (1)(a) and (b) do not include any function relating to apprenticeship training.

(2B)

The function mentioned in paragraph (1)(c) does not include any function relating to a 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—

(a)

aged under 19; or

(b)

aged under 25 for whom an EHC Plan is maintained.

(2C)

In paragraph (2B), an “EHC Plan” means a plan within the meaning of section 37(2) of the Children and Families Act 2014.”.

(3)

In Schedule 1, after paragraph 5(b) insert—

“(ba)

in subsection (1B), for the reference to “Secretary of State” there were substituted “Combined Authority”;”.

9Amendment of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021

(1)

The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021f1 is amended as follows.

(2)

In article 7—

(a)

in paragraph (1)—

(i)

for “paragraph (2)” substitute “paragraphs (2), (2A) and (2B)”;

(ii)

omit the “and” after sub-paragraph (a);

(b)

after paragraph (1)(b), insert—

“; and

(c)

section 100(1B) (provision of financial resources in connection with approved technical education qualifications or approved steps towards occupational competence).”;

(c)

in paragraph (2), omit sub-paragraph (a) and the “or” after it;

(d)

after paragraph (2) insert—

“(2A)

The functions mentioned in paragraph (1)(a) and (b) do not include any function relating to apprenticeship training.

(2B)

The function mentioned in paragraph (1)(c) does not include any function relating to a person who, at the time of starting a course of study for an approved technical education qualification or starting to take approved steps toward occupational competence, is—

(a)

aged under 19; or

(b)

aged under 25 for whom an EHC Plan is maintained.

(2C)

In paragraph (2B), an “EHC Plan” means a plan within the meaning of section 37(2) of the Children and Families Act 2014.”.

(3)

In Schedule 1, after paragraph 6(b) insert—

“(ba)

in subsection (1B), for the reference to “Secretary of State” there were substituted “Combined Authority”;”.

10Amendment of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024

(1)

The North East Mayoral Combined Authority (Establishment and Functions) Order 2024f1 is amended as follows.

(2)

In article 30—

(a)

in paragraph (1)—

(i)

for “paragraph (2)” substitute “paragraphs (2), (2A) and (2B)”;

(ii)

omit the “and” after sub-paragraph (a);

(b)

after paragraph (1)(b), insert—

“; and

(c)

section 100(1B) (provision of financial resources in connection with approved technical education qualifications or approved steps towards occupational competence).”;

(c)

in paragraph (2), omit sub-paragraph (a) and the “or” after it;

(d)

after paragraph (2) insert—

“(2A)

The functions mentioned in paragraph (1)(a) and (b) do not include any function relating to apprenticeship training.

(2B)

The function mentioned in paragraph (1)(c) does not include any function relating to a 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—

(a)

aged under 19; or

(b)

aged under 25 for whom an EHC Plan is maintained.

(2C)

In paragraph (2B), an “EHC Plan” means a plan within the meaning of section 37(2) of the Children and Families Act 2014.”.

(3)

In Schedule 3, after paragraph 6(b) insert—

“(ba)

in subsection (1B), for the reference to “Secretary of State” there were substituted “Combined Authority”;”.

Signature

Minister of State

Department for Education

Explanatory note

(This note is not part of the Order)

This Order amends the following Orders (“the Combined Authorities Orders”):

  • The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141) (see article 2);

  • The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142) (see article 3);

  • The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143) (see article 4);

  • The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144) (see article 5);

  • The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145) (see article 6);

  • The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146) (see article 7);

  • The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806) (see article 8);

  • The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112) (see article 9);

  • The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402) (see article 10).

The amendments made by this Order confer on the relevant Combined Authorities the power in section 100(1B) of the Apprenticeships, Skills, Children and Learning Act 2009 (“ASCLA”) to provide financial resources in connection with approved technical education qualifications or approved steps towards occupational competence (except in relation to functions relating to a person who, at the time of starting a course of study or starting to take approved steps toward occupational competence, is (a) aged under 19 or (b) aged under 25 for whom an Education, Health and Care Plan is maintained under section 37(2) of the Children and Families Act 2014 (c. 6)). This power is exercisable by each of the Combined Authorities in respect of their area concurrently with the Secretary of State.

This Order also amends the relevant Combined Authorities Orders to apply certain provisions of ASCLA with modifications to the Combined Authorities for the purpose of the Combined Authorities exercising the power in section 100(1B) of ASCLA conferred on them by this Order (see articles 2(3), 3(3), 4(3), 5(3), 6(3), 7(3), 8(3), 9(3) and 10(3)).

A full regulatory impact assessment has not been produced for this Order as no, or no significant, impact on the private, voluntary or public sector is foreseen.