Statutory Instruments
2018 No. 1141
Local Government, England
Education, England
The Greater Manchester Combined Authority (Adult Education Functions) Order 2018
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 2009(1)(“the Local Democracy Act”), makes the following Order:
In accordance with section 105B(1) of the Local Democracy Act(2), the Greater Manchester Combined Authority and each of the constituent councils(3) 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.
PART 1 General
Citation, commencement and applicationI1
1.—(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
InterpretationI2
2. In this Order—
“the 2009 Act” means the Apprenticeships, Skills, Children and Learning Act 2009 ( 4 );
F3...
F3...
“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 2011 ( 5 ).
F4PART 2 Adult education functions of the Secretary of State transferred to the Combined Authority or to be exercisable concurrently with the Combined Authority
Transfer of functions from the Secretary of State to the Combined Authority in relation to the Area
F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the Area
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Conditions on the exercise of functions mentioned in articles 3 and 4
F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Modification of provisions in the 2009 Act
F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 3 Amendments to Enactments
Amendment to the 2009 ActI3,I4
7.—(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 2017(6) is repealed.
8.—(1) Section 122 of the 2009 Act(7) 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,”.
Amendment to the Education and Inspections Act 2006I5
9.—(1) Section 123(8) of the Education and Inspections Act 2006(9) 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.”.
Amendment to the Education (Fees and Awards) (England) Regulations 2007I6
10.—(1) The Education (Fees and Awards) (England) Regulations 2007 are amended as follows.
(2) After regulation 9 insert—
““9A. Payments by a combined authority
(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.”.
Anne Milton
Minister of State
Department for Education
5th November 2018
Article 6
F5SCHEDULE Modification of provisions of the 2009 Act in their application to the Combined Authority
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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.
Section 105B was inserted by section 7 of the Cities and Local Government Devolution Act 2016 (c. 1).
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.
S.I. 2011/908, as amended by S.I. 2015/960, S.I. 2016/1267, S.I. 2017/612 and S.I. 2018/444.
Subsection (3) is amended by section 1(3) of the Technical and Further Education Act 2017 (c. 19) on a date to be appointed. Section 122 was amended by paragraphs 1 and 7 of Schedule 4 to the Enterprise Act 2016 (c.12); by paragraph 28 of Part 1 of Schedule 14 to the Deregulation Act 2015 (c.20); by paragraph 48 of Schedule 16 to the Education Act 2011 (c.21); and by paragraph 16 of Part 1 of Schedule 2 to the Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order (S.I. 2010/1158).
Section 123 was amended by the paragraphs 50 and 51 of Part 2 of Schedule 14 to the Deregulation Act 2015 (c. 20); by paragraph 16 of Schedule 13 and by paragraphs 29 and 30 of Schedule 16 to the Education Act 2011 (c. 21); by paragraph 14 of Part 2 of Schedule 2 to the Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order (S.I. 2010/1158); and by paragraphs 56 and 61 of Part 1 of Schedule 1 to the Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order (S.I. 2010/1080).