Part 3: Protection for Learners Funding arrangements with post-16 education or training providers Section 19: List of relevant providers
This section provides the Secretary of State with a power to make regulations in relation to the keeping of a list of certain post-16 education or training providers which meet specified conditions (see subsection (7) for examples). The Secretary of State can also make provision in connection with the keeping of the list.
	Subsection (2) sets out that providers that will need to be on the list are those which will provide relevant education or training for those over compulsory school age and these subsections list the type of provider which would be excluded from a requirement to be on the list.
	Subsection (3) confirms the types of education and training in scope of the legislation, which includes further education (Adult Education Budget funded provision, 16-19 study programmes and any other further education), apprenticeships, traineeships and provision eligible to be funded through loans for designated further education courses. A certain description of education or training may fall into more than one category.
	Subsection (4) states the Secretary of State may by regulations add, vary or remove a category of education or training in order that new or emerging types of training not covered by the current definitions can be captured, or categories can be removed or changed where they are no longer relevant to the type of training currently funded. The categories which may be specified are limited by the definition of "post-16 education or training provider" in section 19 subsection (2) which sets out that those providers who must be on the list will provide relevant education or training to persons over compulsory school age.
	Subsection (5) states that a condition (for being on the list) may only be specified if the Secretary of State considers that it may assist in preventing or mitigating the adverse effects of a disorderly cessation in the provision of education or training (i.e. a disorderly provider exit).
	Subsection (6) clarifies that regulations may specify different conditions for different types of education or training and provide that a provider can have separate list entries for different types of education or training. It also sets out that regulations can provide that the Secretary of State, or any other person, can be allocated a function such as the exercise of a discretion. For example, this could be used to determine whether certain conditions have been met.
	Subsections (7) to (9) set out examples of the conditions that may be specified in regulations in order for a provider to be on the list. They also clarify that different conditions may be specified for being added to or remaining on the list or in relation to different descriptions of relevant provider.
	Subsection (10) sets out the conditions that may be introduced in regulations to help maintain or keep the list, such as the imposition of fees for being added to the list, the procedure for applications, provision about removal or restoration to the list, appeals, provision allowing or requiring the disclosure of information and provision about publication of the list.
	Subsection (11) clarifies that information mentioned in subsection (10)(e) may relate to those who receive the education or training, or those with controlling, managerial or legal responsibility for the training providers.