(1)In this Part—
[F1“apprenticeship agreement” [F2means an apprenticeship agreement within] the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009 [F3or an approved English apprenticeship agreement within the meaning given in section A1(3) of that Act];]
“appropriate full-time education or training” has the meaning given by section 4;
“contract of employment” means a contract of service, whether express or implied and (if it is express) whether oral or in writing, but does not include a contract of apprenticeship [F4or an apprenticeship agreement];
“level 3 qualification” has the meaning given by section 3;
“proprietor”, in relation to a school or other institution, means the person or body of persons responsible for its management;
“relevant period”, in relation to a person to whom this Part applies, has the meaning given by section 7;
“relevant training or education” has the meaning given by section 6;
“sufficient”, in relation to relevant training or education, is to be construed in accordance with section 8(1).
(2)Regulations may provide for a person to be, or not to be, regarded as resident in England for the purposes of any provision of this Part.
(3)Any reference in this Part to a person's being in full-time occupation is to be construed in accordance with section 5.
(4)For the purposes of this Part, a person is failing to fulfil the duty imposed by section 2 if the person—
(a)is not participating in education or training in accordance with subsection (1)(a) or (b) of that section, and
(b)is not in full-time occupation or is not participating in sufficient relevant training.
(5)A reasonable excuse for a failure to be in full-time occupation is not a reasonable excuse for a failure to fulfil the duty imposed by section 2 (unless it is also a reasonable excuse for any failure to participate as mentioned in subsection (4)).
Textual Amendments
F1Words in s. 66(1) inserted (6.4.2011) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 37(3)(a), 269(4); S.I. 2011/200, art. 3
F2Words in s. 66(1) substituted (24.11.2015) by The English Apprenticeships (Consequential Amendments to Primary Legislation) Order 2015 (S.I. 2015/1852), arts. 1, 3(a)
F3Words in s. 66(1) inserted (24.11.2015) by The English Apprenticeships (Consequential Amendments to Primary Legislation) Order 2015 (S.I. 2015/1852), arts. 1, 3(b)
F4Words in s. 66(1) inserted (6.4.2011) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 37(3)(b), 269(4); S.I. 2011/200, art. 3
Commencement Information
I1S. 66 in force at 28.6.2013 by S.I. 2013/1204, art. 2(t)