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The Greater Manchester Combined Authority (Adult Education Functions) Order 2018

S.I. 2018/1141 · Made 5 November 2018 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 4 June 2026.

Local Government, England

Education, England

Made 5th November 2018

Coming into force in accordance with article 1

The Secretary of State, in exercise of the powers conferred by sections 105A(1)(a), (2)(a), (3)(a) and (b), and (7), 114(1) and 117(5) of the Local Democracy, Economic Development and Construction Act 2009f1(“the Local Democracy Act”), makes the following Order:

In accordance with section 105B(1) of the Local Democracy Actf2, the Greater Manchester Combined Authority and each of the constituent councilsf3 whose areas are within the area of the Combined Authority has consented to the making of this Order.

The Secretary of State considers that the making of this Order is likely to improve the exercise of statutory functions in the area to which the Order relates.

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

A draft of this statutory instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 117(2) of the Local Democracy Act.

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 114 was amended by Schedule 5 to the 2016 Act. Section 117 was amended by section 13 of the Localism Act 2011 (c. 20) and by section 23 of, and paragraphs 17 and 29(1) and (2) 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).

f3

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.

Contents

  1. Part 1: General
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. Part 2: Adult education functions of the Secretary of State transferred to the Combined Authority or to be exercisable concurrently with the Combined Authority Repealed
  5. 3Transfer of functions from the Secretary of State to the Combined Authority in relation to the Area Repealed
  6. 4Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the Area Repealed
  7. 5Conditions on the exercise of functions mentioned in articles 3 and 4 Repealed
  8. 6Modification of provisions in the 2009 Act Repealed
  9. Part 3: Amendments to Enactments
  10. 7Amendment to the 2009 Act
  11. 8Amendment to the 2009 Act
  12. 9Amendment to the Education and Inspections Act 2006
  13. 10Amendment to the Education (Fees and Awards) (England) Regulations 2007
  14. Signature
  15. Schedule: Modification of provisions of the 2009 Act in their application to the Combined Authority Repealed
  16. 1Paragraph 1 Repealed
  17. 2Paragraph 2 Repealed
  18. 3Paragraph 3 Repealed
  19. 4Paragraph 4 Repealed
  20. 5Paragraph 5 Repealed
  21. 6Paragraph 6 Repealed
  22. 7Paragraph 7 Repealed
  23. 8Paragraph 8 Repealed
  24. 9Paragraph 9 Repealed
  25. 10Paragraph 10 Repealed
  26. Explanatory note

1Citation, commencement and applicationI1

(1)

This Order may be cited as the Greater Manchester Combined Authority (Adult Education Functions) Order 2018 and comes into force on the day after the day on which it is made.

F1(2)

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F2(3)

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2InterpretationI1

In this Order—

  • “the 2009 Act” means the Apprenticeships, Skills, Children and Learning Act 2009f1;

  • F1...

  • ...

  • “the Area” means the area of the Combined Authority; and

  • “the Combined Authority” means the Greater Manchester Combined Authority, a body corporate established under the Greater Manchester Combined Authority Order 2011f2.

3Transfer of functions from the Secretary of State to the Combined Authority in relation to the AreaF1

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4Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the AreaF1

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5Conditions on the exercise of functions mentioned in articles 3 and 4F1

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6Modification of provisions in the 2009 ActF1

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7Amendment to the 2009 ActI1

(1)

Section 100 of the 2009 Act is amended as follows.

(2)

After subsection (1A), insert—

“(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 by virtue of an order made under section 105A of the Local Democracy, Economic Development and Construction Act 2009.”.

(3)

In subsection (3), for the opening words, substitute—

“The Secretary of State may secure the provision of financial resources under this section—”.

(4)

In subsection (4), for the opening words, substitute—

“The Secretary of State may secure the provision of financial resources under this section by reference to—”.

(5)

In subsection (5), in the appropriate place, insert—

  • ““combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;”.

(6)

In consequence of the amendments made by paragraphs (3) and (4), paragraph 29(3) of Schedule 1 to the Technical and Further Education Act 2017f1 is repealed.

8Amendment to the 2009 ActI1

(1)

Section 122 of the 2009 Actf1 is amended as follows.

(2)

In subsection (3), after paragraph (f) insert—

“(fa)

a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

(fb)

a person providing services to a combined authority;”

(3)

In subsection (5)—

(i)

in paragraph (ba) omit “or”;

(ii)

in paragraph (c) after “in England,” insert “or”; and

(iii)

after paragraph (c) insert—

“(d)

any function of a combined authority under Part 4 that is exercisable by it by virtue of an order under section 105A of the Local Democracy, Economic Development and Construction Act 2009,”.

9Amendment to the Education and Inspections Act 2006I1

(1)

Section 123f1 of the Education and Inspections Act 2006f2 is amended as follows.

(2)

In subsection (1) after paragraph (e) insert—

“(ea)

further education for persons aged 19 or over which is wholly or partly funded by a combined authority;”.

(3)

After subsection (4) insert—

“(5)

In this section “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.”.

10Amendment to the Education (Fees and Awards) (England) Regulations 2007I1

(1)

The Education (Fees and Awards) (England) Regulations 2007 are amended as follows.

(2)

After regulation 9 insert—

“Payments by a combined authority

9A.
(1)

It shall be lawful for a combined authority to adopt rules of eligibility for awards by an institution to which the combined authority makes grants, loans or other payments under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 which confine eligibility to those persons who fall within Schedule 1.

(2)

It shall be lawful for an institution to which a combined authority provides financial resources to adopt rules of eligibility for awards (however described) which confine eligibility to those persons who fall within Schedule 1.

(3)

In this regulation, a “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 (“the Local Democracy Act”) that exercises functions under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 by virtue of an order under section 105A of the Local Democracy Act.”.

Signature

Anne Milton

Minister of State

Department for Education

5th November 2018

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Explanatory note

(This note is not part of the Order)

This Order provides for the conferral of certain adult education functions of the Secretary of State under the Apprenticeships, Skills, Children and Learning Act 2009 (“the 2009 Act”) on the Greater Manchester Combined Authority (‘the Combined Authority’).

Article 1 of the Order provides for coming into force on the day after the day the Order is made; and for Part 2 to apply only in relation to the provision of education or training in an academic year beginning on or after 1st August 2019. This enables the Combined Authority to carry out the functions in relation to the 2019/20 academic year from the day the Order comes into force.

Article 3 of the Order provides for the transfer to the Combined Authority of adult education functions under section 86 to 88 of the 2009 Act, with the exception of such functions relating to apprenticeships training, persons subject to adult detention or any power to make regulations or orders. The transferred functions will be exercisable by the Combined Authority instead of by the Secretary of State in relation to the area of the Combined Authority.

Article 4 also provides for the functions of the Secretary of State under section 90 of the 2009 Act, which relate to the encouragement of education and training for persons aged 19 or over, and under section 100(1) of that Act, which relate to the provision of financial resources, to be exercisable by the Combined Authority in relation to the area. The functions will be exercisable by the Combined Authority concurrently with the Secretary of State.

Article 5 sets conditions on the exercise of the functions mentioned in Articles 3 and 4. The Combined Authority must adopt rules of eligibility for awards by an institution to which it makes grants, loans or other payments under section 100 of the 2009 Act in accordance with any direction given by the Secretary of State. In addition, in exercising the transferred functions, the Combined Authority must have regard to guidance issued by the Secretary of State (as amended from time to time or replaced by a subsequent document).

Article 6 and the Schedule to the Order apply certain provisions of the 2009 Act with modifications to the Combined Authority for the purpose of the Combined Authority exercising the functions conferred on it by articles 3 and 4.

Part 3 makes various amendments to primary legislation. Article 7 amends section 100 of the 2009 Act (provision of financial resources) so as to provide that the Secretary of State may secure the provision of financial resources under that section in respect of functions under Part 4 of the 2009 Act that have been conferred on a combined authority. Article 8 amends section 122 of the 2009 Act (sharing of information for education or training purposes) so as to make provision for information sharing following the conferral of functions under Part 4 of the 2009 Act. Article 9 amends section 123 of the Education and Inspections Act 2006 so as to make provision for inspections in relation to further education for persons aged 19 or over which is wholly or partly funded by a combined authority. Article 10 amends the Education (Fees and Awards) (England) Regulations 2007 so as to make provision with respect to rules of eligibility adopted by a combined authority for awards by an institution to which it makes grants, loans or other payments under section 100 of the 2009 Act.