Transparency data

Terms and conditions of designation

Updated 11 August 2023

Applies to England

These terms and conditions apply to employer representative bodies (ERBs) designated by the Secretary of State under section 2 of the Skills and Post-16 Education Act 2022. Failure to comply with these terms and conditions (including as modified by the department from time to time) may result in the Secretary of State removing the designation of an ERB (per section 3 of the Skills and Post-16 Education Act 2022).

The department may vary these terms and conditions by notifying the ERB of the modification before the date on which the modified terms and conditions take effect. The department will also amend the notice of designation published on GOV.UK prior to the effective date of the modified terms and conditions. By consenting in writing to the designation you accept to be legally bound by these terms and conditions including any modified terms and conditions unless the employer representative body contacts the department within 10 working days of the notification of the modification.

These terms and conditions should be read in conjunction with any terms and conditions that are attached to the grant funding arrangements issued by the department.

Definitions

The following terms will have the following meaning:

Conflicts of interest - any situation where the designated employer representative body (or the designated employer representative body’s personnel) engages in any activity or obtains any financial, economic or other personal interest (directly or indirectly), which might (or might be perceived to) compromise their impartiality and independence in the context of performing the LSIP activity.

Designated employer representative body (ERB) - an eligible body that has been designated by the Secretary of State to lead the development and any subsequent review of a local skills improvement plan for a specified area.

Local skills improvement plan (LSIP) - is a plan which is developed by a designated employer representative body for a specified area; draws on the views of employers operating within the specified area, and any other evidence, to summarise the skills, capabilities or expertise that are, or may in the future be, required in the specified area; and identifies actions that relevant providers can take regarding any English-funded post-16 technical education or training that they provide so as to address the requirements mentioned.

Register of interests - has the purpose of providing information to the public about the interests of relevant persons which might influence their judgement, decision making and actions, or which might be perceived by a reasonable member of the public as doing so.

the department: - the Department for Education

Statutory guidance for the development of a local skills improvement plan

The designated employer representative body must have regard to any relevant guidance published by the Secretary of State in connection with local skills improvement plans, including but not limited to the guidance published

Governance and performance management

The designated employer representative body is accountable to the Secretary of State.

The designated employer representative body is responsible for the planning, production, and any subsequent review of a Local Skills Improvement Plan for the specified area to which it has been designated in accordance with any relevant guidance.

The designated employer representative body must provide the department with reports in accordance with any relevant guidance published by the Secretary of State and any terms and conditions that are attached to the grant funding arrangements issued by the department. The designated employer representative body, at the department’s discretion, must meet to discuss any issues in relation to its responsibilities.

The designated employer representative body must notify the department immediately if experiencing any difficulties that will hinder or prevent it from fulfilling its responsibilities.

Conflicts of interest

• The designated employer representative body must publish and maintain a conflict of interest policy and a register of interests

• The designated employer representative body must set up formal procedures that require its employees, members, volunteers, and consultants to declare any conflicts of interest and to be excluded from any discussion or decision making related to the matter concerned

• The designated employer representative body must take all necessary measures to prevent, identify and remedy any perceived, potential and/or actual conflict of interest

• The designated employer representative body must notify the department of any perceived, potential and/or actual conflict of interest without delay, and immediately take all necessary steps to rectify the situation and notify the department of the action taken. The designated employer representative body must comply with any additional measures that the department may require

• Where the designated employer representative body is unable to reasonably satisfy the department, in respect of a conflict of interest, the department may remove the designation