Further Information/Guidance

What the Law says and Guidance on Interpretation

Under Section 96 of the Learning and Skills Act 2000 (“the Act”), schools, imstitutions and employers may offer to those under 19 years a course leading to an external qualification, funded either by a Local Education Authority (LEA) or the Learning and Skills Council (LSC) only if the qualification has been approved by the Secretary of State.

Heads and Principals of institutions and other organisations making provision for persons aged under 19 should check that any external qualification that they offer for such persons, for which funding is provided by LEAs or the LSC is either specifically approved or meets the conditions for general approval. The LEA and the governing body are responsible for overseeing this in maintained schools. LEAs and the LSC are responsible for overseeing this in all other cases where they respectively fund courses leading to external qualifications.

Section 96 of the Act applies to courses for those aged under 19 years leading to external qualifications. The effect is that education and training providers can only use public funding in connection with the provision of a course leading to an external qualification, if that qualification has been approved.

The legislation can be accessed through  www.hmso.gov.uk/acts/acts2000/20000021.htm

Guidance on interpretation

The provisions do not cover courses or activities which do not lead to external qualifications.  The funding of such courses or activities  is for funding authorities such as the Learning and Skills Council to determine. Examples of provision that, in the Department's view, is not covered are:

a) National Curriculum assessment and testing arrangements required by law at Key Stages 1, 2 and 3;

b) a record of achievement intended to be of value as a portfolio record of external qualifications achieved (but external qualifications offered within a system of record of achievement are regarded as qualifications requiring approval);

c) an employer's report of work experience. In some cases this may properly form part of an external qualification, but it is not in itself a qualification;

d) any certificate awarded in a competition, competitive festival or quiz - for example mathematical contests and games and competitive music festivals.

 

The approval procedures and criteria for approval are determined administratively by the Secretary of State. A core criterion of approval will be that it has been accredited as an external qualification by the regulatory authorities to the national framework of qualifications.

 

The legislation places a responsibility, in the case of maintained schools, on the local education authority and the governing body to ensure compliance with the provisions. In the case of courses leading to external qualifications publicly funded in other circumstances, the funding authority (whether the LEA or LSC or another body named by Order) must ensure that only approved qualifications are funded. The Secretary of State can direct a funding authority or governing body if he is satisfied that they have failed in their duty.

 

The provisions of the Learning and Skills Act replace those of S400 and S401 of the Education Act 1996, S37 of the Education Act 1997 and, for part-time 16-18 year old learners, Schedule 2(a) and (b) of the Further and Higher Education Act 1992.