LOCAL GOVERNMENT, ENGLAND Part 1 General Citation, commencement, extent and application 1 1 These Regulations may be cited as the Cornwall Council (Adult Education Functions) Regulations 2025 and come into force on the day after the day on which they are made. 2 These Regulations extend to England and Wales. 3 Part 2 of these Regulations applies only in relation to the provision of education or training in an academic year beginning on or after 1st August 2025. 4 In paragraph (3), “ academic year ” means a period beginning with 1st August and ending with the next 31st July. Interpretation 2 In these Regulations— “ the 2009 Act ” means the Apprenticeships, Skills, Children and Learning Act 2009 ; “ apprenticeship training ” has the meaning given by section 83(5) of the 2009 Act ; “ the Area ” means the area of the Local Authority; “ the Local Authority ” means Cornwall Council; “ person subject to adult detention ” is to be construed in accordance with section 121(4) of the 2009 Act. Part 2 Adult education functions of the Secretary of State transferred to the Local Authority or to be exercisable concurrently with the Local Authority Transfer of functions from the Secretary of State to the Local Authority in relation to the Area 3 1 Subject to paragraph (2), the functions of the Secretary of State set out in the following provisions of the 2009 Act are exercisable by the Local Authority in relation to the Area— a section 86 (education and training for persons aged 19 or over) , b section 87 (learning aims for persons aged 19 or over: provision of facilities) , and c section 88 (learning aims for persons aged 19 or over: payment of tuition fees) . 2 The functions mentioned in paragraph (1) do not include— a any functions relating to apprenticeship training, b any functions relating to persons subject to adult detention, or c any power to make regulations or orders. 3 The functions mentioned in paragraph (1) are exercisable by the Local Authority instead of by the Secretary of State. Functions of the Secretary of State to be exercisable concurrently with the Local Authority in relation to the Area 4 1 Subject to paragraphs (2), (3) and (4), the functions of the Secretary of State set out in the following provisions of the 2009 Act are exercisable by the Local Authority in relation to the Area— a section 90 (encouragement of education and training for persons aged 19 or over) , b section 100(1) (provision of financial resources) , and c section 100(1B) (provision of financial resources in connection with approved technical education qualifications or approved steps towards occupational competence) . 2 The functions mentioned in paragraph (1) do not include any functions relating to persons subject to adult detention. 3 The functions mentioned in paragraph (1)(a) and (b) do not include any functions relating to apprenticeship training. 4 The function mentioned in paragraph (1)(c) does not include any function relating to a person who, at the time of starting a course of study for an approved technical education qualification or starting to take approved steps towards occupational competence, is— a aged under 19, or b aged under 25 and for whom an EHC Plan is maintained. 5 In paragraph (4), an “ EHC Plan ” means a plan within the meaning of section 37(2) of the Children and Families Act 2014 . 6 The functions mentioned in paragraph (1) are exercisable concurrently with the Secretary of State in relation to the Area. Conditions on the exercise of functions mentioned in regulations 3 and 4 5 1 Where the Local Authority adopts rules of eligibility for awards by an institution to which it makes grants, loans or other payments under section 100 of the 2009 Act, it must adopt such rules in accordance with any direction given by the Secretary of State. 2 In exercising the functions mentioned in regulations 3 and 4, the Local Authority must have regard to guidance issued by the Secretary of State for the purpose of this regulation (as amended from time to time or as replaced by a subsequent document) . 3 In paragraph (1), “ award ” has the same meaning as in regulation 2 of the Education (Fees and Awards) (England) Regulations 2007 . Modification of provisions in the 2009 Act 6 For the purpose of the exercise by the Local Authority of the functions mentioned in regulations 3 and 4, sections 86 to 88, 90, 100, 101, 103, 115 and 121 of the 2009 Act apply in relation to the Local Authority with the modifications set out in the Schedule. Part 3 Amendments to Enactments Amendments to the 2009 Act 7 1 The 2009 Act is amended as follows. 2 In section 100 (provision of financial resources), after subsection (1AB), insert— 1AC 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 local authority by virtue of regulations made under section 16(1) of the Cities and Local Government Devolution Act 2016. . 3 Section 122 (sharing of information for education and training purposes) is amended as follows— a in subsection (4), in paragraph (b), for “its education functions” substitute “a relevant function of the authority” ; b in subsection (5)— i for “In subsections (1) and (2)” substitute “In this section” , ii in paragraph (d), omit “or”, iii in paragraph (e), at the end insert “, or” , and iv after paragraph (e) insert— f any function of a local authority in England under Part 4 that is exercisable by it by virtue of regulations made under section 16(1) of the Cities and Local Government Devolution Act 2016, . Amendment to the Education (Fees and Awards) (England) Regulations 2007 8 In the Education (Fees and Awards) (England) Regulations 2007, after regulation 9B (payments by a combined county authority), insert— Payments by a local authority 9C 1 Subject to paragraph (4), it shall be lawful for a local authority to adopt rules of eligibility for awards by an institution to which the local 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 any of paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 5A, 5B, 5C, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1. 2 Subject to paragraph (4), it shall be lawful for an institution to which a local authority provides financial resources to adopt rules of eligibility for awards (however described) which confine eligibility to those persons who fall within any of paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 5A, 5B, 5C, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1. 3 In this regulation, “ local authority ” means a local authority that exercises functions under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 by virtue of regulations made under section 16 of the Cities and Local Government Devolution Act 2016. 4 In relation to an award made on or after 1st January 2028, paragraphs (1) and (2) have effect as if, in each case, they did not mention paragraphs 8A, 9B, 9BA and 9E of Schedule 1. . Smith of Malvern Minister of State Department for Education 19th May 2025