The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010

• Citation: S.I. 2010/1941
• Sections: 29

Section 1 Citation and commencement

This Order may be cited as the Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 and comes into force on the 1st September 2010.

Section 2 Amendment of the Social Security (Overlapping Benefits) Regulations 1979

In regulation 2(1) (interpretation) of the Social Security (Overlapping Benefits) Regulations 1979 in the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.

Section 3 Amendment of the Income Support (General) Regulations 1987

(1) The Income Support (General) Regulations 1987 are amended as follows.

(2) In regulation 2(1) (interpretation) in paragraph (a) of the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.

(3) In regulation 61(1) (interpretation)—

(a) in paragraph (d) of the definition of “access funds” for “Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000” substitute “Young People’s Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009 or the Chief Executive of Skills Funding under sections 100 and 101 of that Act”;

(b) in the definition of “full-time course of advanced education”—

(i) in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;

(ii) for paragraph (b)(i) substitute—

(i) in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or

(c) in the definition of “full-time course of study”—

(i) in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;

(ii) for paragraph (b)(i) substitute—

(i) in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or

(4) In paragraph 28 of Schedule 1B for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.

Section 4 Amendment of the Council Tax (Discount Disregards) Order 1992

In paragraph 8(b)(ii) of Part IV of Schedule 1 (Definition of Students, etc. ) to the Council Tax (Discount Disregards) Order 1992 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England or the Chief Executive of Skills Funding”.

Section 5 Amendment of the Jobseeker’s Allowance Regulations 1996

(1) The Jobseeker’s Allowance Regulations 1996 are amended as follows.

(2) In regulation 1(3)—

(a) in the definition of “full-time course of advanced education”—

(i) in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;

(ii) for paragraph (b)(i) substitute—

(i) in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or

(b) in the definition of “full-time student”—

(i) in paragraphs (b)(i) and (b)(ii) (except paragraph b(ii)(aa)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;

(ii) for paragraph (b)(ii)(aa) substitute—

(aa) in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or,

(c) in paragraph (a) of the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.

(3) In regulation 11(3) for “secured in England and Wales by the Learning and Skills Council for England or by the Welsh Ministers” substitute “secured in England by the Young People’s Learning Agency for England or Chief Executive of Skills Funding and in Wales by the Welsh Ministers”.

(4) In regulation 57(1) in the definition of “training” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.

(5) In regulations 75(1)(b)(i), 170(2) and paragraph 16 of Schedule A1 for “Learning and Skills Council for England” in each place where those words occur substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.

(6) In regulation 130 (interpretation), in paragraph (d) of the definition of “access funds”, for “Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000” substitute “Young People’s Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009 or the Chief Executive of Skills Funding under sections 100 and 101 of that Act”.

Section 6 Amendment of the Housing Renewal Grants Regulations 1996

(1) The Housing Renewal Grants Regulations 1996 are amended as follows.

(2) In regulation 41 (interpretation)—

(a) in paragraph (d) of the definition of “access funds” for “Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000” substitute “Young People’s Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009 or the Chief Executive of Skills Funding under sections 100 and 101 of that Act”;

(b) in the definition of “full-time course of study”—

(i) in paragraphs (a) and (b) (except (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where these words occur;

(ii) for paragraph (b)(i) substitute—

(i) in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or

Section 7 Amendment of the National Minimum Wage Regulations 1999

In regulation 12(9B)of the National Minimum Wage Regulations 1999 for-paragraph (a)(i) substitute—

(i) is funded by the Young People’s Learning Agency for England;

(ia) is funded by the Chief Executive of Skills Funding;

Section 8 Amendment of the Education (Grants etc.) (Dance and Drama) (England) Regulations 2001

In regulations 12(2)(a) and (b) of the Education (Grants etc.) (Dance and Drama) (England) Regulations 2001 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England” in both places where those words occur.

Section 9 Amendment of the Contracting Out (Local Education Authority Functions) (England) Order 2002

In Schedule 3 of the Contracting Out (Local Education Authority Functions) (England) Order 2002 omit paragraph (m).

Section 10 Amendment of the New School (Admissions) (England) Regulations 2003

(1) The New School (Admissions) (England) Regulations 2003 are amended as follows.

(2) In regulation 3 (interpretation) omit ““the 2000 Act ” means the Learning and Skills Act 2000;”

(3) In regulation 6(2) omit sub-paragraph (b).

(4) In regulation 7(4)(b) omit sub-paragraph (ii).

Section 11 Amendment of the Education (Teacher Student Loans) (Repayment etc.) Regulations 2003

(1) The Education (Teacher Student Loans) (Repayment etc.) Regulations 2003 are amended as follows.

(2) In regulation 2 (interpretation) in the definition of “specialist college” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, Chief Executive of Skills Funding”.

(3) In regulation 4(3)(d) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.

Section 12 Amendment of the Education (Pupil Information) (England) Regulations 2005

In regulation 2 (interpretation) of the Education (Pupil Information) (England) Regulations 2005 for the definition of “unique learner number” for “Learning and Skills Council for England” substitute “Chief Executive of Skills Funding”.

Section 13 Amendment of the Education (School Inspection) (England) Regulations 2005

In regulation 4(1)(f) of the Education (School Inspection) (England) Regulations 2005 for “local learning and skills council for the area in which the school is located” substitute “Young People’s Learning Agency for England”.

Section 14 Amendment of the Housing Benefit Regulations 2006

(1) The Housing Benefit Regulations 2006 are amended as follows.

(2) In regulation 2(1) (interpretation) in paragraph (a) of the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”;

(3) In regulation 53(1)—

(a) in paragraph (d) of the definition of “access funds” for “Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000” substitute “Young People’s Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009 or the Chief Executive of Skills Funding under sections 100 and 101 of that Act”;

(b) in the definition of “full-time course of study”—

(i) in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;

(ii) for paragraph (b)(i) substitute—

(i) in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or

Section 15 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

In regulation 2(1) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 in paragraph (a) of the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.

Section 16 Amendment of the Council Tax Benefit Regulations 2006

(1) The Council Tax Benefit Regulations 2006 are amended as follows.

(2) In regulation 2(1), (interpretation) in paragraph (a) of the definition of “training allowance”) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.

(3) In regulation 43(1) (interpretation)—

(a) in paragraph (d) of the definition of “access funds” for “Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000” substitute “Young People’s Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009 or the Chief Executive of Skills Funding under sections 100 and 101 of that Act”;

(b) in the definition of “full-time course of study”—

(i) in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;

(ii) for paragraph (b)(i), substitute—

(i) in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or

Section 17 Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

In regulation 2(1) (interpretation) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 , in paragraph (a) of the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.

Section 18 Amendment of the Education (Information About Individual Pupils) (England) Regulations 2006

In regulation 2 of the Education (Information About Individual Pupils) (England) Regulations 2006 in the definition of “unique learner number” for “Learning and Skills Council” substitute “Chief Executive of Skills Funding”.

Section 19 Amendment of the Education (Fees and Awards) (England) Regulations 2007

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

(2) In regulation 2(1) (interpretation) omit ““ LSC ” means the Learning and Skills Council for England;”.

(3) In the heading of regulation 9 for “LSC” substitute “Young People’s Learning Agency for England or the Chief Executive of Skills Funding”.

(4) In regulations 9 (1) and (2) for “LSC” substitute “Young People’s Learning Agency for England or the Chief Executive of Skills Funding” in both places where it occurs.

(5) In regulation 9(1) for “section 5 of the Learning and Skills Act 2000” substitute “sections 61 or 100 of the Apprenticeships, Skills, Children and Learning Act 2009”.

Section 20 Amendment of the Education (Information About Children in Alternative Provision) (England) Regulations 2007

In regulation 8(h) of the Education (Information About Children in Alternative Provision) (England) Regulations 2007 for “Learning and Skills Council for England and the relevant local learning and skills council” substitute “Young People’s Learning Agency for England”.

Section 21 Amendment of the School Organisation (Transitional Provisions) (England) Regulations 2007

(1) The School Organisation (Transitional Provisions) (England) Regulations 2007 are amended as follows.

(2) In regulation 8—

(a) omit paragraph (1);

(b) in paragraph (2) omit “or” at the end of sub-paragraph (a) and sub-paragraph (b).

(3) In regulation 12 omit “or under Schedule 7 to the Learning and Skills Act 2000”.

(4) In regulation 16—

(a) omit paragraph (3);

(b) in paragraph (4)—

(i) insert “or” at the end of sub-paragraph (a);

(ii) omit “or” at the end of sub-paragraph (b) and sub-paragraph (c)

(5) In the following regulations—

17(1)(d),

18(10(d),

28(1)(d),

29(1)(c),

36(10)(c), and

36(11)(c)

for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England” in each place where those words occur.

Section 22 Amendment of the School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007

(1) The School Organisation (Establishment and Discontinuance of Schools) (England) Regulation 2007 are amended as follows.

(2) In regulations 5(1)(d), 10(6)(f), 13(5)(d), 15(3)(d) and 25(1)(d) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England” in each place where those words occur.

(3) In Schedule 2—

(a) in Part 1, in paragraph 25 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”;

(b) in Part 2, in paragraph 54 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.

(4) In Schedule 3—

(a) in Part 1, in paragraph 26 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”;

(b) in Part 2, in paragraph 62 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.

Section 23 Amendment of the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007

(1) The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007 are amended as follows.

(2) In paragraphs 5(1)(g), 17(2)(d), 21(10)(c) and (11)(c) of Part 2 of Schedule 1 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England” in each place where those words occur.

(3) In Schedule 3—

(a) in Part 1, paragraph 13 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”;

(b) in Part 2 in paragraphs 27(1)(h), 33(1)(c), 34(1)(d), 41(10)(c) and 41(11)(c) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.

(4) In Schedule 5—

(a) in Part 1, paragraph 13 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”;

(b) in Part 2 in paragraphs 27(1)(i), 33(1)(c), 34(1)(d), 41(9)(c) and 10(c) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.

Section 24 Amendment of the Education (Supply of Information About the School Workforce) ( No. 2) (England) Regulations 2007

In regulation 8(2)(d) of the Education (Supply of Information About the School Workforce) (No. 2) (England) Regulations 2007 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.

Section 25 Amendment of the School Organisation (Removal of Foundation, Reduction in Number of Foundation Governors and Ability of Foundation to Pay Debts (England) Regulations 2007

In regulation 7(1)(h) of the School Organisation (Removal of Foundation, Reduction in Number of Foundation Governors and Ability of Foundation to Pay Debts (England) Regulations 2007 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.

Section 26 Amendment of the School Finance (England) Regulations 2008

(1) The School Finance (England) Regulations 2008 are amended as follows.

(2) In regulation 1(4)—

(a) omit the definitions of “the 2000 Act” and “LSC”;

(b) in the definition of “specific grant” omit “LSC under section 7 of the 2000 Act or by the”.

(3) In regulation 15(2)(b) omit “the LSC (sixth form pupils)”.

(4) In regulation 21—

(a) in paragraphs (1) and (4) omit “the LSC or”;

(b) in paragraph (3) omit “the LSC’s or”.

(5) In regulation 23(2) omit “by the LSC under section 7 of the 2000 Act, or”.

(6) In paragraph 1(a) of Schedule 4 omit “by the LSC under section 7 of the 2000 Act or”.

Section 27 Amendment of the Education (Budget Statements) (England) Regulations 2008

(1) The Education (Budget Statements) (England) Regulations 2008 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) omit ““the 2000 Act” means the Learning and Skills Act 2000;”;

(b) omit ““LSC” means the Learning and Skills Council for England;”;

(c) insert the following definitions at the appropriate place—

“ CE ” means the “Chief Executive of Skills Funding”;

“ YPLA ” means the “Young People’s Learning Agency for England”;

(3) In Schedule 1, Parts 1, 2, 3 and 4 for “LSC” substitute “YPLA or CE” in each place where it occurs.

Section 28 Amendment of the Employment and Support Allowance Regulations 2008

(1) The Employment and Support Allowance Regulations 2008 are amended as follows.

(2) In regulation 2(1) (interpretation) in paragraph (a) of the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.

(3) In regulation 14(2)—

(a) for paragraph (a)(i) substitute—

(i) the Young People’s Learning Agency for England;

(ia) the Chief Executive of Skills Funding;

(b) in paragraph (c) (except paragraph c(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”;

(c) for paragraph (c)(i) substitute—

(i) in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course;

(4) In regulation 131(1) (interpretation)—

(a) in paragraph (d) of the definition of “access funds” for “Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000” substitute “Young People’s Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009 or the Chief Executive of Skills Funding under sections 100 and 101 of that Act”;

(b) in the definition of “full-time course of advanced education”—

(i) in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;

(ii) for paragraph (b)(i) substitute—

(i) in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or

(c) in the definition of “full-time course of study”—

(i) in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;

(ii) for paragraph (b)(i) substitute—

(i) in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or

Section 29 Amendment of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009

In regulation 3(5)(t) of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.