Decision

 

ROTHERHAM METROPOLITAN BOROUGH COUNCIL

 

RECORD OF OFFICER EXECUTIVE DECISION
 

Date of Decision:

22 April 2025
 

Title:

The Combined Authorities (Adult Education
Functions) (Amendment) Order 2025

Decision Maker:
(Including Job Title)
 

Sharon Kemp (Chief Executive)
 

Details of Specific Delegation
 
or
 
Delegation contained in the relevant
Sub-Scheme of Delegation.
 

Section 4C1 3. Devolution and local freedoms
including delivery of devolved powers and freedoms and liaison
with:- (a) South Yorkshire Combined Authority and Sheffield City
Region bodies; and (b) Central government departments.
 

Decision:

The consent of the Combined Authority and each
of its constituent councils is required before an Order can be made
providing Adult Skills Fund powers. 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.

Reasons for the Decision:

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.

Details of alternative options considered and
rejected:

The only other option in this case is to
refuse consent. This option would prevent the SYMCA from continuing
and it is not felt that this would assist.

Conflicts of interest declared by any Cabinet
Member consulted by the decision maker which relates to the
decision:

None

Dispensations Granted:
(If any)

None
 

Conflicts of interest declared by the Decision
Maker if they sit as a Cabinet appointed representative to an
outside body which relates to the decision:

None

Dispensations Granted:
(If any)

None
 

Reports or parts of reports considered

The decision is taken in accordance with the
details published by the Combined Authority at
South Yorkshire MCA

 
I certify that this
is a true record of the decision relating to The Combined
Authorities (Adult Education Functions) (Amendment) Order 2025.
 
I confirm that in
making this decision, due regard was given to the seven principles
of public life.
 
Signed by the
Decision Maker:
 

 
Dated:         
22 April 2025
 
Name:         
Sharon Kemp         
                    
Job Title:     Chief Executive
Officer