Part 3: Protection for Learners Chapter 1: Regulation of Post-16 Education or Training Providers
These sections enable the Secretary of State to make regulations to provide for a list of post-16 education or training providers, in particular Independent Training Providers ("ITPs"), to indicate which providers have met conditions that are considered to prevent or mitigate risks associated with the disorderly exit of a provider from the provision of education and training. Education or training is funded by various funding authorities such as the Education and Skills Funding Agency, Department for Education and Mayoral Combined Authorities.
	Regulations made under the sections ensure that the relevant funding authorities may not enter into funding arrangements or allow sub-contracting with a relevant provider who is not on the list and that such funding arrangement and sub-contracts must allow for termination should a provider cease to be on the list. The short notice exit of a provider from the provision of education or training can significantly disrupt the educational experience of many young people and adults.
	The transfer to another provider can take time and can be extremely disruptive and increase the risk of learner disengagement, as complex cases can take over 12 months to find a new provider. These provisions are intended to ensure that there is a consistent set of requirements placed on providers in order to protect learners and public funds, even where the education or training is funded by local commissioning bodies or through subcontracts from directly funded providers.