- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (26/03/2015)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 26/05/2015
Point in time view as at 26/03/2015.
Apprenticeships, Skills, Children and Learning Act 2009, CHAPTER A1 is up to date with all changes known to be in force on or before 21 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Textual Amendments
F1Pt. 1 Ch. A1 inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 1 (with Sch. 1 para. 28); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
(1)This section applies for the purposes of this Chapter.
(2)An approved English apprenticeship is an arrangement which—
(a)takes place under an approved English apprenticeship agreement, or
(b)is an alternative English apprenticeship,
and, in either case, satisfies any conditions specified in regulations made by the Secretary of State.
(3)An approved English apprenticeship agreement is an agreement which—
(a)provides for a person (“the apprentice”) to work for another person for reward in a sector for which the Secretary of State has published an approved apprenticeship standard under section A2,
(b)provides for the apprentice to receive training in order to assist the apprentice to achieve the approved apprenticeship standard in the work done under the agreement, and
(c)satisfies any other conditions specified in regulations made by the Secretary of State.
(4)An alternative English apprenticeship is an arrangement, under which a person works, which is of a kind described in regulations made by the Secretary of State.
(5)Regulations under subsection (4) may, for example, describe arrangements which relate to cases where a person—
(a)works otherwise than for another person;
(b)works otherwise than for reward.
(6)A person completes an approved English apprenticeship if the person achieves the approved apprenticeship standard while doing an approved English apprenticeship.
(7)The “approved apprenticeship standard”, in relation to an approved English apprenticeship, means the standard which applies in relation to the work to be done under the apprenticeship (see section A2).
(1)The Secretary of State must publish standards for such sectors of work as the Secretary of State thinks appropriate for the purposes of this Chapter.
(2)Each standard must be—
(a)prepared by the Secretary of State, or
(b)prepared by another person and approved by the Secretary of State.
(3)Each standard must—
(a)describe the sector of work to which it relates, and
(b)if there is more than one standard for that sector, describe the kind of work within that sector to which it relates.
(4)Each standard must set out the outcomes that persons seeking to complete an approved English apprenticeship are expected to achieve.
(5)The Secretary of State may—
(a)publish a revised version of a standard, or
(b)withdraw a standard (with or without publishing another in its place).
(6)Revisions of a standard may be—
(a)prepared by the Secretary of State, or
(b)prepared by another person and approved by the Secretary of State.
(1)The Secretary of State may issue a certificate (“an apprenticeship certificate”) to a person who applies for it if it appears to the Secretary of State that the person has completed an approved English apprenticeship.
(2)The Secretary of State may by regulations make provision about—
(a)the manner in which applications under subsection (1) must be made;
(b)the supply by the Secretary of State of copies of apprenticeship certificates issued under that subsection to persons to whom they were issued.
(3)The Secretary of State may charge a fee for issuing an apprenticeship certificate or supplying a copy only if, and to the extent that, the charging of the fee is authorised by regulations.
(1)Any function of the Secretary of State under this Chapter may be carried out by a person designated by the Secretary of State.
(2)Subsection (1) does not apply to any power of the Secretary of State to make regulations.
(3)A person designated under this section must—
(a)comply with directions given by the Secretary of State, and
(b)have regard to guidance given by the Secretary of State.
(4)A designation under this section may be revoked.
(1)To the extent that it would otherwise be treated as being a contract of apprenticeship, an approved English apprenticeship agreement is to be treated as not being a contract of apprenticeship.
(2)To the extent that it would not otherwise be treated as being a contract of service, an approved English apprenticeship agreement is to be treated as being a contract of service.
(3)This section applies for the purposes of any enactment or rule of law.
(1)If an agreement—
(a)contains provision which satisfies the conditions mentioned in section A1(3)(a) to (c), but
(b)also contains other provision which is inconsistent with those conditions,
the other provision is to be treated as having no effect.
(2)Before an agreement which satisfies the conditions mentioned in section A1(3)(a) to (c) is varied in such a way that it no longer satisfies one or more of those conditions, the person for whom the apprentice is working must give the apprentice a written notice.
(3)The written notice must explain that, if the variation takes effect, the agreement will cease to be an approved English apprenticeship agreement.
(4)If an agreement is varied in breach of the requirement under subsection (2), the variation has no effect.
(1)Section A1(3) applies in relation to—
(a)an agreement under which a person undertakes Crown employment,
(b)an agreement under which a person undertakes service as a member of the naval, military or air forces of the Crown, and
(c)an agreement under which a person undertakes employment as—
(i)a relevant member of the House of Lords staff, or
(ii)a relevant member of the House of Commons staff,
as it applies in relation to any other agreement under which a person is to work for another (and this Chapter applies accordingly).
(2)Subsection (1) is subject to subsection (3) and to any modifications which may be prescribed under subsection (5).
(3)Section A5(2) does not apply in relation to an approved English apprenticeship agreement that is an agreement within paragraph (a), (b) or (c) of subsection (1).
(4)Without prejudice to section 262(3), the power conferred by section A1(3)(c) may be exercised, in particular, to make provision in relation to an agreement within any of paragraphs (a), (b) and (c) of subsection (1) that differs from provision made in relation to other agreements under which a person is to work for another.
(5)The Secretary of State may by regulations provide for any provision of this Chapter to apply with modifications in relation to—
(a)an agreement within paragraph (a), (b) or (c) of subsection (1), or
(b)a person working, or proposing to work, under such an agreement.
(6)In subsection (1)—
“Crown employment” means employment under or for the purposes of a government department or an officer or body exercising on behalf of the Crown functions conferred by a statutory provision (but does not include service as a member of the naval, military or air forces of the Crown);
“relevant member of the House of Commons staff” has the meaning given by section 195(5) of the Employment Rights Act 1996;
“relevant member of the House of Lords staff” has the meaning given by section 194(6) of that Act.]
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys