OpenLegislation

Skills and Post-16 Education Act 2022 in Scotland

2022 c. 21 · Enacted 28 April 2022 · Extends to United Kingdom

Not fully up to date. 3 changes made by later legislation have not yet been written into this text, which is revised to 1 September 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 19(2)(ga)insertedLevelling-up and Regeneration Act 2023 Sch. 4 para. 222
s. 20(7)(ca)insertedLevelling-up and Regeneration Act 2023 Sch. 4 para. 223
s. 21(2)words insertedLevelling-up and Regeneration Act 2023 Sch. 4 para. 224

An Act to make provision about local skills improvement plans; to make provision relating to further education; to make provision about functions of the Institute for Apprenticeships and Technical Education and relating to technical education qualifications and apprenticeships; to make provision about student finance and fees; to make provision about assessments and publication of certain matters by the Office for Students; to make provision about the funding of certain post-16 education or training providers; to create offences relating to completing assignments on behalf of students; to make provision about designating 16 to 19 Academies as having a religious character; and for connected purposes.

[28th April 2022]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. Part 1: Skills and education for work
  2. Chapter 1: Education and training for local needs
  3. Local skills improvement plans
  4. Chapter 2: Technical education qualifications, apprenticeships, etc
  5. Technical education qualifications
  6. 11Information sharing in relation to technical education qualifications
  7. Chapter 3: Lifelong learning
  8. 15Support for lifelong learning
  9. 16Lifelong learning: amendment of the Higher Education and Research Act 2017
  10. Part 4: Miscellaneous and general
  11. Chapter 3: General provisions
  12. 35Extent
  13. 36Commencement
  14. 37Short title

11Information sharing in relation to technical education qualificationsI1I2

(1)

The Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.

(2)

After section 40AA insert—

“Sharing of technical education information by or with Ofqual

40AB
(1)

Ofqual may disclose information to a relevant person for the purpose of a relevant function of—

(a)

Ofqual, or

(b)

the relevant person.

(2)

A relevant person may disclose information to Ofqual for the purpose of a relevant function of—

(a)

Ofqual, or

(b)

the relevant person.

(3)

In this section “relevant person” means—

(a)

the Secretary of State;

(b)

the OfS;

(c)

Ofsted;

(d)

a prescribed person.

(4)

In this section “relevant function” means—

(a)

in relation to the Secretary of State, Ofqual, the OfS or Ofsted, a technical education function of that body so far as the function relates to England;

(b)

in relation to a prescribed person, a prescribed technical education function of that person, so far as the function relates to England.

(5)

In this section—

  • “Ofqual”, the “OfS” and “Ofsted” have the same meanings as in section 40AA;

  • “technical education function” means a function that relates to technical education qualifications approved, or that may be approved, by the Institute for Apprenticeships and Technical Education under section A2D3 or A2D5.”

(3)

In the heading of Part 1A, after “Apprenticeships” insert “, Technical Education Qualifications”.

(4)

In section 262 (orders and regulations), in subsection (6), after paragraph (aza) insert—

“(azb)

regulations under section 40AB;”.

15Support for lifelong learningI1I2

(1)

After section 28 of the Teaching and Higher Education Act 1998 insert—

“Modules of courses: modification of Chapter in relation to powers of the Secretary of State

28A
(1)

Section 22 has effect, so far as it confers power exercisable by the Secretary of State, as if—

(a)

in subsection (1), after paragraph (b) there were inserted

“or

(c)

modules of higher education courses or further education courses,”;

(b)

in subsections (2) to (3) and (4B), references to a higher education course or further education course (however expressed) included references to a module of such a course;

(c)

in subsection (2), after paragraph (b) there were inserted—

“(ba)

prescribing, or providing for the determination of, a maximum (a “lifetime limit”) in relation to a person in respect of all such loans or alternative payments made, or made available, under this section as may be prescribed, taken together (whether by reference to a monetary amount, course characteristics or otherwise);”;

(d)

in subsection (2), after paragraph (c) there were inserted—

“(ca)

for two or more modules of a higher education course or further education course to be treated as a single module of that course for any purpose of the regulations;”;

(e)

after that subsection, there were inserted—

“(2ZA)

Regulations under this section may prescribe the meaning of “module” in relation to a higher education course or further education course (and may, in particular, provide for it to include—

(a)

a module lasting less than one full academic year, or comprising less than the equivalent of one full academic year of study;

(b)

a module undertaken otherwise than as part of the higher education course or further education course of which it forms part).

(2ZB)

Nothing in subsection (2)(b) is to be taken to limit the power conferred by this section to prescribe a maximum amount in relation to any grant, loan or alternative payment otherwise than in relation to an academic year.”;

(f)

after subsection (2A) there were inserted—

“(2B)

The provision which may be made by virtue of subsection (2)(ba) includes provision for amending any lifetime limit that has effect in relation to a person.”

(2)

Section 23 has effect, so far as it relates to a function exercisable by virtue of regulations under section 22 made by the Secretary of State, as if the reference in subsection (1)(b) to courses included a reference to modules of higher education courses or further education courses.

(3)

Section 28(2) has effect, so far as it confers power exercisable by the Secretary of State, as if—

(a)

after “courses” in the first place where it occurs there were inserted “or modules”;

(b)

after “higher education courses” there were inserted “or modules of such courses”.”

(2)

Until section 86(2) of the Higher Education and Research Act 2017 (power to make alternative payments) comes into force—

(a)

the following provisions that are treated as inserted into section 22 of the Teaching and Higher Education Act 1998 by section 28A(1) of that Act have effect with the omission of references to alternative payments—

(i)

paragraph (ba) of subsection (2);

(ii)

subsection (2ZB);

(b)

section 28A(1)(b) of that Act has effect with the omission of the reference to section 22(4B) of that Act.

16Lifelong learning: amendment of the Higher Education and Research Act 2017I1I2I3

(1)

The Higher Education and Research Act 2017 is amended as follows.

(2)

In section 9 (mandatory transparency condition for certain providers), after subsection (3) insert—

“(3A)

The OfS must not request information relating to modules of full courses by virtue of a transparency condition more frequently than it requests information relating to full courses by virtue of the condition.”

(3)

In section 83(1) (meaning of “English higher education provider” etc), for the definition of “higher education course” substitute—

  • ““higher education course” means—

    1. (a)

      a course of any description mentioned in Schedule 6 to the Education Reform Act 1988, or

    2. (b)

      a module of such a course, where it is undertaken otherwise than as part of that course;”.

(4)

In section 85 (definitions)—

(a)

in subsection (1), at the appropriate place insert—

  • ““full course” means a higher education course that is not a module of another higher education course;”;

(b)

after subsection (1) insert—

“(1A)

References in this Part to modules (except in relation to references to the full course of which the module forms part) are to modules which are—

(a)

modules of full courses, but

(b)

undertaken otherwise than as part of those courses.”

35ExtentI1

(1)

This Act extends to England and Wales.

(2)

The following provisions extend also to Scotland—

(a)

section 11;

(b)

section 15, so far as it modifies sections 22 and 23 of the Teaching and Higher Education Act 1998 as those sections extend to Scotland;

(c)

section 16(3);

(d)

this Chapter.

(3)

The following provisions extend also to Northern Ireland—

(a)

section 10;

(b)

section 11;

(c)

section 15, so far as it modifies sections 22 and 23 of the Teaching and Higher Education Act 1998 as those sections extend to Northern Ireland;

(d)

section 16(3);

(e)

this Chapter.

36CommencementI1

(1)

This Chapter comes into force on the day on which this Act is passed.

(2)

Sections 1 to 5, 18 and 23 to 34 come into force at the end of the period of two months beginning with the day on which this Act is passed.

(3)

Except as provided by subsections (1) and (2), this Act comes into force on such day as the Secretary of State may by regulations appoint.

(4)

Different days may be appointed for different purposes.

(5)

The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

(6)

The power to make regulations under subsection (5) includes power to make different provision for different purposes.

(7)

Regulations under this section are to be made by statutory instrument.

37Short titleI1

This Act may be cited as the Skills and Post-16 Education Act 2022.