Part 4: Apprenticeships
Introductory
Section 111: Meaning of “approved Welsh apprenticeship”
360.This section defines an “approved Welsh apprenticeship” and allows the Welsh Ministers to make regulations setting out the conditions to be satisfied by an approved Welsh apprenticeship (subsection (4)).
361.An approved Welsh apprenticeship takes place either:
under an approved Welsh apprenticeship agreement; or
under an alternative Welsh apprenticeship (subsection (2)).
362.An approved Welsh apprenticeship requires the work to take place wholly or mainly in Wales (subsection (3)).
Section 112: Meaning of “approved Welsh apprenticeship agreement”
363.This section outlines the meaning of an “approved Welsh apprenticeship agreement”.
364.Subsection (1) provides that it is an agreement which—
provides for a person to work for another for payment in an occupation which has an apprenticeship framework,
provides for the apprentice to receive training to allow the apprentice to meet the requirements of the apprenticeship framework, and
satisfies any other conditions specified in regulations made by the Welsh Ministers.
Section 113: Meaning of “alternative Welsh apprenticeship”
365.This section allows the Welsh Ministers to make regulations defining the conditions of an “alternative Welsh apprenticeship”, to allow arrangements that would not fall within the definition of an approved Welsh apprenticeship agreement to be treated as approved Welsh apprenticeships.
366.Examples of alternative working arrangements could include, but are not limited to, the following circumstances:
where a person works as a self-employed person while following a recognised Welsh apprenticeship framework,
where a person works otherwise than for reward, or
where the apprentice who was working under an apprenticeship agreement has been made redundant during the course of the apprenticeship and satisfies the conditions set out in the regulations.
Section 114: Meaning of “apprenticeship framework”
367.This section outlines the meaning of an “apprenticeship framework”. An apprenticeship framework is a document that specifies requirements for the completion of approved Welsh apprenticeships in an occupation or a group of occupations, which may include (but are not limited to) requirements relating to—
standards of attainment;
qualifications;
the type or amount of training undertaken.
Functions of the Welsh Ministers
Section 115: Specification of requirements in relation to approved Welsh apprenticeships
368.Subsection (1) gives the Welsh Ministers a power to specify requirements in relation to approved Welsh apprenticeships and the development of apprenticeship frameworks.
369.Requirements may relate to—
the content of apprenticeship frameworks, including, but not limited to, the standards of attainment required, the qualification needed and the type and amount of training needed to complete an approved Welsh apprenticeship (subsection (2)),
the preparation, revision, withdrawal or publication of an apprenticeship framework (subsection (3)),
approved Welsh apprenticeships generally or approved Welsh apprenticeships in one or more occupations.
370.The Welsh Ministers must publish specified requirements and may revise or withdraw a requirement by issuing a replacement specification requirement or by issuing a notice of withdrawal (subsections (5) and (6)). The published requirements and notices must state the date on which the specification requirement, or withdrawal notice, comes into force (subsection (7)).
Section 116: Consultation by Welsh Ministers about specifications
371.This section requires that the Welsh Ministers must first consult the Commission and any other persons they think appropriate before specifying, revising or withdrawing any requirements under section 114.
Functions of the Commission
Section 117: Preparation and publication of apprenticeship frameworks
372.Subsection (1) allows the Commission to prepare apprenticeship frameworks. The Commission may also secure preparation of apprenticeship frameworks by other persons.
373.The Commission may publish apprenticeship frameworks that meet the specification requirements under section 114, even where the apprenticeship framework was not prepared by the Commission or secured by the Commission, for example an apprenticeship framework which has been prepared by an occupational sector body. An apprenticeship framework may specify requirements for different levels under the same occupation or group of occupations, such as intermediate (level 2)(1), advanced (level 3), higher (level 4 - 5) or degree (level 6-7).
374.The Commission must keep apprenticeship frameworks under review and must determine whether a framework should be revised or withdrawn (subsection (6)).
375.A published apprenticeship framework must state the coming into force date of the framework or revised framework (subsection (8)).
Section 118: Register of apprenticeship frameworks
376.The Commission must maintain and publish a register of apprenticeship frameworks published under section 117 (subsections (1) and (5)). The register must include the coming into force date of each apprenticeship framework or revised framework and a description of any revised apprenticeship framework and its application (subsection (3)).
377.Where an apprenticeship framework is withdrawn, the register must include information on the date of withdrawal and a description of the application of the withdrawal (subsection (4)). The Welsh Ministers may make regulations to require the Commission to include other information in the register (subsection (6)).
Section 119: Power to issue apprenticeship certificates
378.This section allows the Commission to issue “an apprenticeship certificate” or a copy of an apprenticeship certificate to an apprentice who has completed an approved Welsh apprenticeship. The Commission may charge a fee for issuing an apprenticeship certificate or copy of a certificate only if the regulations made by the Welsh Ministers allow for a fee.
Section 120: Delegation of Commission functions
379.Subsection (1) allows the Commission to delegate to another person its power to publish apprenticeship frameworks under section 117(2) or its power to issue apprenticeship certificates under section 119. The designated person must comply with directions given by the Commission and must have regard to any guidance issued by the Commission (subsection (3)). The Commission may continue to exercise any functions it has delegated to another person and it remains responsible for the exercise of the functions (subsection (5)).
380.The Commission may make payments for expenditure incurred or pay remuneration to the designated person in relation to the exercise of the delegated functions (subsection (6)).
Supplementary provisions about apprenticeship agreements
Section 121: Ineffective provisions of approved Welsh apprenticeship agreements
381.Subsection (1) provides that if an agreement contains provision that satisfies the conditions in section 112(1)(a) to (c), but also contains provision inconsistent with those conditions, that provision is to be treated has having no effect.
382.Subsections (2) and (3) provide that where an employer makes changes to the apprenticeship agreement which would mean the apprenticeship agreement no longer complies with the apprenticeship framework or requirements of an approved Welsh apprenticeship, the employer must notify the apprentice in writing of the variation and explain that the variation will mean the apprentice is no longer on an approved Welsh apprenticeship. If this is not done the variation will have no effect (subsection (4)).
Section 122: Status of approved Welsh apprenticeship agreements
383.This section provides that an approved Welsh apprenticeship agreement is not to be treated, for common law or statutory purposes, as being a contract of apprenticeship (as recognised at common law) but is instead to be treated as being a contract of service.
Section 123: Transfer of copyright in apprenticeship frameworks
384.This section makes provision for the transfer of copyright to the Commission where an apprenticeship framework is prepared by another person and published with the agreement of that person by the Commission.
Section 124: Crown servants
385.This section provides that a person who is employed as a Crown servant may undertake an approved Welsh apprenticeship agreement. The Welsh Ministers may make regulations in relation to an approved Welsh apprenticeship agreement and Crown servants.
General
Section 125: Interpretation of Part 4
386.This section provides the definitions of certain terms which are used in this Part by reference to the relevant sections in this Part.
Qualification levels under the Credit and Qualifications Framework for Wales (CQFW).