Office of Public Sector Information

(6) Arrangements made, and directions given, under this section shall require the person with whom they are made or to whom they are given—

(a) to provide, or arrange for the provision, of services in accordance with such guidance of a general character as the Secretary of State may give, and

(b) to furnish the Secretary of State, in such manner and at such times as he may specify in the arrangements or directions or in guidance given under paragraph (a) of this subsection, with such information and facilities for obtaining information as he may so specify.

(7) The Secretary of State may give directions to local education authorities and education authorities requiring them to transfer (on such terms as may be specified in the directions) to any persons who are providing, or are to provide, services in accordance with arrangements made, or directions given, under this section any records of the authorities which may be relevant in the provision of the services.

(8) Local education authorities and education authorities shall have power—

(a) to provide services or arrange for the provision of services in accordance with arrangements made, or directions given, under this section (including services provided outside their areas) by any such means (including by the formation of companies for the purpose) as they consider appropriate, and

(b) to employ officers and provide facilities for and in connection with the provision of the services or arranging for the provision of the services;

but, where directions are given to local education authorities and education authorities, the power conferred on them by this subsection shall be exercised in accordance with the directions.

(9) Where services are being provided in pursuance of arrangements made, or directions given, under this section, the authority with whom the arrangements are made or to whom the directions have been given shall have power, with the consent of the Secretary of State, to provide, or arrange for the provision of, more extensive (relevant) services than the arrangements authorise or the directions require and to employ more officers and provide more facilities accordingly.

(10) Nothing in sections 8 and 9 and this section shall make it unlawful for a local education authority or education authority to defray the cost of exercising their powers under this section from resources other than payments of the Secretary of State.

(11) A direction given under this section may be revoked or varied by another direction so given.

(12) Nothing in this section shall be taken to limit the arrangements which may be made under section 2 of this Act.”.

46 Careers services: ancillary services

After section 10 of the [1973 c. 50.] Employment and Training Act 1973 (which is inserted by section 45 above) there shall be inserted—

“10A Provision of ancillary goods and services

(1) The functions of a local education authority or education authority shall include power to enter into agreements for the supply of goods or services authorised by this section with any person (other than an authority) who provides, or arranges for the provision of, relevant services and is a person with whom this section authorises such arrangements to be made.

(2) This section authorises the making of such arrangements with any person—

(a) who, under arrangements (or joint arrangements) made with that person under section 10(1) or (3) of this Act provides, or arranges for the provision of, the services;

(b) who provides the services jointly with an authority under section 10(3) of this Act;

(c) who is the means by which, under section 10(8), an authority provides, or arranges for the provision of, the services.

(3) Subject to subsections (4), (5) and (6) below, this section authorises—

(a) the supply by the authority to the person of any goods;

(b) the provision by the authority for the person of any administrative, professional or technical services;

(c) the use by the person of any vehicle, plant or apparatus belonging to the authority and, without prejudice to paragraph (b) above, the placing at the disposal of the person of the services of any person employed in connection with the vehicle or other property in question;

(d) the carrying out by the authority of works of maintenance in connection with land or buildings for the maintenance of which the person is responsible;

and the authority may purchase and store any goods which in their opinion they may require for the purposes of paragraph (a) above.

(4) The supply by an authority of goods or services to any person is authorised by this section only for the purpose of the provision by that person of relevant services.

(5) The supply by an authority of goods or services to any person is authorised by this section only during the period of two years beginning with the day on which that person first provides relevant services in the area of that authority.

(6) Goods and services shall be supplied on such terms as can reasonably be expected to secure that the full cost of making the supply is recovered by the authority.

(7) The supply by an authority of goods or services to any person is authorised outside as well as within the area of that authority.

(8) This section is without prejudice to the generality of any other enactment conferring functions on local education authorities or education authorities.

(9) In this section—

• “goods” includes materials; and

• “relevant services” has the meaning given in section 8(2) of this Act.”.

Training etc. in Scotland

47 Employment and training functions of Scottish Enterprise and Highlands and Islands Enterprise

(1) In section 2 of the [1973 c. 50.] Employment and Training Act 1973 (functions of the Secretary of State), after subsection (3) there shall be inserted—

“(3A) Without prejudice to subsection (2)(f) of this section, the Secretary of State may wholly or partly perform his duty under subsection (1) of this section in relation to Scotland by authorising or directing Scottish Enterprise or Highlands and Islands Enterprise to act on his behalf—

(a) in the making of arrangements under this section in such cases or for such purposes as may be specified in or determined under the authorisation or direction;

(b) in the taking of such steps for the purposes of, or in connection with, the carrying out of any arrangements under this section (including any made otherwise than by Scottish Enterprise or Highlands and Islands Enterprise) as may be so specified or determined,

and the power under this subsection to give authorisations or directions shall include power to revoke or vary any authorisation or direction so given.

(3B) Where Scottish Enterprise or Highlands and Islands Enterprise make arrangements under this section in pursuance of an authorisation or direction made by the Secretary of State under subsection (3A)(a) above, they shall, at such times as the Secretary of State may require, report to him what provision, if any, they have included in those arrangements in relation to disabled persons.”.

(2) The [1990 c. 35.] Enterprise and New Towns (Scotland) Act 1990 shall be amended in accordance with the following provisions of this section.

(3) In paragraphs (a)(ii) and (b)(ii) of section 1 (Scottish Enterprise and Highlands and Islands Enterprise), after the word “Act,” there shall be inserted the words “maintaining and”.

(4) In section 2 (functions in relation to training for employment etc.)—

(a) in subsection (3), after paragraph (c) there shall be inserted “; and

(d) providing temporary employment for persons who are without employment.”, and

(b) in subsection (4), for the word “training”, in both places where it occurs, there shall be substituted the words “employment and training”.

(5) After section 14 there shall be inserted—

“14A Power of Ministers to confer or impose functions

(1) Without prejudice to the foregoing provisions of this Act, the functions of each of Scottish Enterprise and Highlands and Islands Enterprise shall include—

(a) a power to do anything in connection with unemployment, training for employment or employment which it is authorised to do by a Minister of the Crown; and

(b) a duty to do anything in connection with unemployment, training for employment or employment which it is required to do by or under a direction given to it by a Minister of the Crown.

(2) Scottish Enterprise and Highlands and Islands Enterprise shall each—

(a) from time to time submit to the Secretary of State particulars of what it proposes to do for the purpose of carrying out the functions conferred or imposed upon it by or under subsection (1) above; and

(b) ensure that all its activities in relation to those functions are in accordance with such proposals submitted by it to the Secretary of State as have been approved by him and with such modifications (if any) of those proposals as are notified to the body in question by him.

(3) The power of a Minister of the Crown by virtue of subsection (1) above to authorise or direct Scottish Enterprise or Highlands and Islands Enterprise to do anything shall include the power to delegate powers conferred on him by any enactment; but nothing in this section shall authorise any Minister of the Crown to delegate a power to make subordinate legislation (within the meaning of the [1978 c. 30.] Interpretation Act 1978).”.