Decision details

In 2024 new types of technical qualifications were approved by Institute for Apprenticeships and Technical Education, for delivery from 2025. These are funded nationally under section 100 (1B) of the Apprenticeships, Skills, Children and Learning Act 2009. To enable Combined Authorities and Combined County Authorities to use their Adult Skills Fund budget to fund the new technical qualifications from 2025, the Government will need to transfer this funding power to them via a statutory instrument.

The Combined Authorities (Adult Education Functions) (Amendment) Order 2025 (“the Order”) will be made, subject to Parliament’s approval, under provisions within the Local Democracy, Economic Development and Construction Act 2009, including section 105A. This Order will amend the existing education-related statutory instrument for each Combined Authority to add the further funding power, to enable combined authorities to fund new, high-quality technical qualifications alongside others already available to them. This will ensure that adult learners in the area will have access to the same high-quality technical qualifications as those in other devolved, and non-devolved, areas. The aim (subject to Parliamentary approval and timetabling) is for the statutory instrument to come into effect by the start of August 2025, in time for the new academic year.

A public consultation and an assessment of burdens has been undertaken by the Department for Education, which concluded that transferring section 100 (1B) will not place any additional burdens on combined authorities. Qualifications are withdrawn and new qualifications are approved all the time, so the list of qualifications from which combined authorities can select is not static – it is constantly changing. Commissioning officers and providers already have processes in place to manage changes to the qualifications landscape and decide which ones are most appropriate for adults in their areas. The proposed Order will not require the Combined Authority to do anything different, or change the way it operates, it will merely give the power to fund the new technical qualifications, alongside other qualifications that are already available to it, if it wants to.

The consent of the Combined Authority and each of its constituent councils is required before the Order can be made. The Department of Education is seeking consent as quickly as possible in order that the Order can be enacted in time for the 2025/26 academic year.

To approve giving the consent of the Mayoral Combined Authority to the creation of The Combined Authorities (Adult Education Functions) (Amendment) Order 2025

The only other option available would be to not to give approval to the Order. This would at minimum result in a delay of the new powers being given to the Combined Authority which could limit the opportunities for these courses for learners within South Yorkshire.