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

Article 1Citation 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.

Article 2Amendment 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”.

Article 3Amendment of the Income Support (General) Regulations 1987#

(1)The Income Support (General) Regulations 1987 ^note 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”.

Article 4Amendment 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”.

Article 5Amendment 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”.

Article 6Amendment 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”

Article 7Amendment 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;”

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

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Article 9Amendment 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).

Article 10Amendment 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).

Article 11Amendment 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”.

Article 12Amendment 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”.

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

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Article 14Amendment 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”

Article 15Amendment 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”.

Article 16Amendment of the Council Tax Benefit Regulations 2006#

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

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Article 18Amendment 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”.

Article 19Amendment 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”.

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

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Article 21Amendment 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)

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

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

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

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

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Article 26Amendment 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”.

Article 27Amendment 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.

Article 28Amendment 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”

Article 29Amendment 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 2009for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.