Regulation 14 Accepted function providers

(1)

A function provider is accepted pursuant to this regulation in respect of a function or service if the Secretary of State gives it a written notice specifying—

(a)

that function or service, and the local authority to which the function or service relates, and

(b)

the date on which it becomes accepted in respect of that function or service, which must be a date agreed between the Secretary of State and the function provider.

(2)

A function provider may be accepted only if—

(a)

it makes a written application to the Secretary of State specifying the function or service in respect of which it wishes to be accepted, and

(b)

a guarantee is provided to the Secretary of State.

(3)

The functions or services in respect of which a function provider may be accepted are—

(a)

a function which it performs on behalf of a local authority in accordance with a direction under section 497A(4) of EA 1996;

(b)

an education function of a local authority which it is nominated to exercise under section 497A(4A) M1 of EA 1996 or section 15(6) of the Local Government Act 1999 M2;

(c)

a service which it provides or makes available under a best value arrangement for the purposes of, or in connection with, the exercise of an education function of a local authority.

(4)

A function provider who immediately before 1st September 2010 was accepted under regulation B3A of TPR 1997 M3 in respect of a function or service is treated as accepted pursuant to this regulation in respect of that function or service.

(5)

A function provider accepted in accordance with this regulation ceases to be so accepted in respect of such functions and services, and from such date, as the Secretary of State may specify in a written notice given to the function provider by the Secretary of State.

(6)

A notice under paragraph (5) may be given if—

(a)

the function provider makes a written application to the Secretary of State,

(b)

the function provider fails to comply with any provision of these Regulations or TSAVCR 1994,

(c)

where a guarantee was previously provided to the Secretary of State, either the guarantee lapses or because of a change in circumstances the Secretary of State considers that the guarantee is insufficient,

(d)

a proposal for a voluntary arrangement has been made or approved in relation to the function provider under Part 1 of IA 1986,

(e)

an administration application has been made, a notice of intention to appoint an administrator has been filed with the court or an administrator has been appointed for the function provider under Schedule B1 to IA 1986,

(f)

a receiver, manager or administrative receiver has been appointed for the function provider under Part 3 of IA 1986,

(g)

a winding-up petition has been presented, a winding-up order has been made or a resolution for voluntary winding-up has been passed in relation to the function provider under Part 4 or 5 of IA 1986, or

(h)

notice has been received that the function provider may be struck off the register of companies or an application to strike it off has been made under Part 31 of CA 2006.

(7)

A function provider accepted in accordance with this regulation must give written notice to the Secretary of immediately upon the occurrence of any of the events mentioned in paragraph (6)(d) to (h).

(8)

In these regulations “function provider” means a body corporate other than a local authority which—

(a)

is specified in a direction under section 497A(4) of EA 1996,

(b)

is nominated under section 497A(4A) of EA 1996 or section 15 of the Local Government Act 1999, or

(c)

provides or makes available services under a best value arrangement.

(9)

In this regulation—

“best value arrangement” means a contract or other arrangement made with a local authority for the provision of, or the making available of, services for the purposes of, or in connection with, the exercise of an education function of that local authority;
“guarantee” means a bond, guarantee or indemnity in a form and amount, and provided by a person, approved by the Secretary of State in respect of sums due from the function provider under these Regulations and TSAVCR 1994.

Annotations

Marginal citations

M1: Section 497A was inserted by section 8 of the School Standards and Framework Act 1998(c.31); subsection (4A) was inserted by section 60 of the Education Act 2002 (c. 32).
M2: 1999 c.27
M3: Regulation B3A was inserted by S.I. 2000/665.