69.Section 25 allows the Secretary of State to give directions to the LSC, with which the LSC must comply. Directions may not relate to the funding of activities carried on by individuals or individual bodies. This is to ensure that the LSC has sole responsibility for individual funding decisions without influence from the Secretary of State. The Secretary of State currently has a similar power to give directions to the FEFCE (see section 56 of the Further and Higher Education Act 1992.) The Secretary of State will be able to intervene if he considers that the LSC has failed to discharge a statutory duty or has acted or is proposing to act unreasonably in the exercise of its functions.
70.Section 26 introduces Schedule 3 which requires the LSC to set up a young people’s learning committee and an adult learning committee (as well as giving the LSC the power to establish such other committees as it thinks fit). These two committees will advise the LSC on the learning needs, respectively, of young people (up to the age of 19) and of adults. Schedule 3 specifies the remit of the young people’s and adult learning committees and contains general provisions about committees of the LSC.
71.Section 27 gives the Secretary of State the power to fund the LSC by making grants, which may be subject to conditions including conditions on the funding of others by the LSC. Those conditions may not relate to the funding of particular individuals or of individual bodies. Section 28 requires the LSC to report annually on its activities. The report will include a financial report. The Secretary of State will present the report to Parliament. Section 29 defines the LSC’s financial year.
Commentary on Sections Sections 1 to 29 and Schedules 1 to 3 Sections 25 to 29 and Schedule 3: miscellaneous