Apprenticeships, Skills, Children and Learning Act 2009

[F1 CHAPTER A1 E+W+S Apprenticeships: England

Textual Amendments

F1 Pt. 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)

[F2 Occupational categories and groups E+W+S

Textual Amendments

F2 Ss. ZA9-ZA11 and cross-headings inserted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 7; S.I. 2017/1055, reg. 2(b)(iii) (with reg. 4)

ZA9 Occupational categories (sometimes referred to as “routes”) E+W+S

(1) The Secretary of State may determine categories into which occupations may be placed for the purposes of this Chapter.

(2) The Secretary of State must notify the Institute of any categories that are determined.

ZA10 Mapping of occupational groups E+W+S

(1) The Institute must—

(a) determine occupations in relation to which it may be appropriate for people to undertake apprenticeships or obtain qualifications, and

(b) determine which of those occupations require similar knowledge, skills and behaviour.

(2) Two or more occupations that require similar knowledge, skills and behaviour are referred to in this section as a “group”.

(3) Where categories have been determined under section ZA9, the Institute must allocate each occupation or group to a category.

(4) If the Institute considers that no category is appropriate it must nevertheless allocate the occupation or group to a category (and is not required to adjust its determinations under subsection (1)).

(5) The Institute must publish information showing—

(a) the occupations,

(b) the groups, and

(c) any categories to which the occupations and groups have been allocated.

Standards E+W+S

ZA11 Standards E+W+S

(1) The Institute must publish standards in relation to England for such occupations as the Institute considers appropriate.

(2) Each standard must—

(a) describe the occupation to which it relates;

(b) set out the outcomes that persons seeking to achieve the standard are expected to attain in order to do so.

(3) Each standard must have been prepared by a group of persons and approved by the Institute.

(4) The group of persons that prepared a standard must have been approved by the Institute.

(5) The Institute may provide advice or assistance to a group of persons in connection with the preparation of a standard.

(6) The Institute may convene a group of persons to prepare a standard for an occupation only if the Institute considers—

(a) that there is a need for a standard for that occupation, and

(b) that the need will not be met unless a group is convened to prepare the standard.

(7) The Institute must publish—

(a) information about matters that it takes into account when deciding whether or not to approve standards for the purposes of subsection (3);

(b) information about matters that it takes into account when deciding whether or not to approve groups of persons for the purposes of subsection (4).

(8) When making a decision of the kind mentioned in subsection (7)(a) or (b) in a particular case, the Institute may also take into account such other matters as it considers appropriate in the case in question.

(9) Information published under subsection (7) may be revised or replaced, and the Institute must publish under that subsection any revised or replacement information.

(10) Where a standard is published, the Institute must publish, with the information published under section ZA10(5) in relation to the occupation, information indicating that there is a standard for the occupation.]

[F3 Meaning of “approved English apprenticeship” etc] E+W+S

Textual Amendments

F3 S. A1 cross-heading substituted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 8; S.I. 2017/1055, reg. 2(b)(iii)

A1 Meaning of “approved English apprenticeship” etc E+W+S

(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 [F4 an occupation for which a] [F5 standard has been published under section [F6 ZA11]],

(b) provides for the apprentice to receive training in order to assist the apprentice to achieve the approved F7 ... 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 F8 ... standard while doing an approved English apprenticeship.

(7) The “approved F9 ... 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 [F10 ZA11]).

Textual Amendments

F4 Words in s. A1(3)(a) substituted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 9(a)(i); S.I. 2017/1055, reg. 2(b)(iii)

F5 Words in s. A1(3)(a) substituted (1.4.2017) by Enterprise Act 2016 (c. 12), s. 44(5), Sch. 4 para. 4; S.I. 2017/346, reg. 2(a)

F6 Word in s. A1(3)(a) substituted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 9(a)(ii); S.I. 2017/1055, reg. 2(b)(iii)

F7 Word in s. A1(3)(b) omitted (8.11.2017) by virtue of Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 9(b)(i); S.I. 2017/1055, reg. 2(b)(iii)

F8 Word in s. A1(6) omitted (8.11.2017) by virtue of Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 9(b)(ii); S.I. 2017/1055, reg. 2(b)(iii)

F9 Word in s. A1(7) omitted (8.11.2017) by virtue of Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 9(b)(iii); S.I. 2017/1055, reg. 2(b)(iii)

F10 Word in s. A1(7) substituted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 9(c); S.I. 2017/1055, reg. 2(b)(iii)

[F11 [F12 Apprenticeship assessment plans] E+W+S

Textual Amendments

F11 Ss. A2-A2I and cross-headings substituted for s. A2 (1.4.2017) by Enterprise Act 2016 (c. 12), s. 44(5), Sch. 4 para. 5; S.I. 2017/346, reg. 2(a)

F12 S. A2 cross-heading substituted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 10; S.I. 2017/1055, reg. 2(b)(iii)

A2 [F13 Apprenticeship assessment plans] E+W+S

[F14 (1) The Institute must publish apprenticeship assessment plans in respect of such standards published under section ZA11 as it considers appropriate.]

F15 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) An [F16 apprenticeship] assessment plan in respect of a standard is a plan in accordance with which [F17 it is to be assessed whether a person seeking to complete an approved English apprenticeship has attained the outcomes set out in the standard].

(5) Each [F18 apprenticeship] assessment plan must—

(a) specify the standard to which it relates, and

(b) set out the proposed arrangements for evaluating the quality of any assessment provided for by the plan.

[F19 (6) Each apprenticeship assessment plan must have been prepared by a group of persons and approved by the Institute.

(7) The group of persons that prepared an apprenticeship assessment plan must have been approved by the Institute.

(8) The Institute may provide advice or assistance to a group of persons in connection with the preparation of an apprenticeship assessment plan.

(9) The Institute may convene a group of persons to prepare an apprenticeship assessment plan in respect of a standard only if the Institute considers—

(a) that there is a need for an apprenticeship assessment plan in respect of that standard, and

(b) that the need will not be met unless a group is convened to prepare the plan.

(10) The Institute must publish—

(a) information about matters that it takes into account when deciding whether or not to approve apprenticeship assessment plans for the purposes of subsection (6);

(b) information about matters that it takes into account when deciding whether or not to approve groups of persons for the purposes of subsection (7).

(11) When making a decision of the kind mentioned in subsection (10)(a) or (b) in a particular case, the Institute may also take into account such other matters as it considers appropriate in the case in question.

(12) Information published under subsection (10) may be revised or replaced, and the Institute must publish under that subsection any revised or replacement information.

(13) Where an apprenticeship assessment plan is published, the Institute must publish, with the information published under section ZA10(5) in relation to the occupation, information indicating that there is an apprenticeship assessment plan in respect of the standard for the occupation.]

Textual Amendments

F13 S. A2 heading substituted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 11(2); S.I. 2017/1055, reg. 2(b)(iii) (with reg. 4)

F14 S. A2(1) substituted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 11(3); S.I. 2017/1055, reg. 2(b)(iii) (with reg. 4)

F15 S. A2(2)(3) omitted (8.11.2017) by virtue of Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 11(4); S.I. 2017/1055, reg. 2(b)(iii) (with reg. 4)

F16 Word in s. A2(4) inserted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 11(5)(a); S.I. 2017/1055, reg. 2(b)(iii) (with reg. 4)

F17 Words in s. A2(4) substituted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 11(5)(b); S.I. 2017/1055, reg. 2(b)(iii) (with reg. 4)

F18 Word in s. A2(5) inserted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 11(6); S.I. 2017/1055, reg. 2(b)(iii) (with reg. 4)

F19 Ss. A2(6)-(13) substituted for s. A2(6) (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 11(7); S.I. 2017/1055, reg. 2(b)(iii) (with reg. 4)

F20 A2A Preparation of apprenticeship standards and assessment plans E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 S. A2A omitted (8.11.2017) by virtue of Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 12; S.I. 2017/1055, reg. 2(b)(iii)

Quality assurance [F21 of apprenticeship assessments etc] E+W+S

Textual Amendments

F21 Words in s. A2B cross-heading inserted (16.8.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 13; S.I. 2017/844, reg. 2(b)(ii)

A2B Evaluation of quality of apprenticeship assessments E+W+S

(1) The IfA must secure that evaluations are carried out of the quality of apprenticeship assessments provided by persons in relation to assessment plans published under section A2.

(2) “Apprenticeship assessment” means the assessment of a person's attainment of the outcomes set out in the standard to which the [F22 apprenticeship] assessment plan relates.

(3) For the purposes of subsection (1) the IfA may [F23 carry out evaluations or] approve or make arrangements for other persons to carry out evaluations.

[F24 (4) The Secretary of State may by regulations authorise the Institute (subject to any restrictions prescribed by the regulations) to charge fees for things done in connection with the carrying out by it of evaluations under subsection (1).]

Textual Amendments

F22 Word in s. A2B(2) inserted (16.8.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 14(2); S.I. 2017/844, reg. 2(b)(ii)

F23 Words in s. A2B(3) inserted (16.8.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 14(3); S.I. 2017/844, reg. 2(b)(ii)

F24 S. A2B(4) inserted (16.8.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 14(4); S.I. 2017/844, reg. 2(b)(ii) (with reg. 3)

A2C Unsatisfactory apprenticeship assessments E+W+S

(1) If the IfA considers that the quality of any apprenticeship assessment provided by a person is or may become unsatisfactory, it may carry out a review of the assessment, or make arrangements with another person for the carrying out of such a review.

(2) The IfA may, in consequence of a review, make arrangements for the purpose of improving the quality of the assessment to which the review relates.

(3) If the IfA—

(a) considers that the quality of any apprenticeship assessment provided by a person is or may become unsatisfactory, or

(b) that a person who provides an apprenticeship assessment has failed to co-operate with a review carried out under this section or with arrangements made under subsection (2),

it may report the matter to the Secretary of State or such other person as the IfA considers appropriate.

(4) A report under subsection (3) may contain recommendations as to the action to be taken by the person to whom the report is made.

(5) The IfA may publish a report under subsection (3).

A2D Committee to advise on quality evaluations etc E+W+S

(1) The IfA may establish a committee with—

(a) the function of giving the IfA advice on the performance of its functions under sections A2B and A2C, and

(b) such other functions as may be conferred on the committee by the IfA.

(2) A majority of the members of the committee—

(a) must be persons who appear to the IfA to have experience of the assessment of education or training, and

(b) must not be members of the IfA.

(3) Subject to that, Schedule A1 applies to a committee established under this section as it applies to committees established under paragraph 7 of that Schedule.

Review, revision and withdrawal E+W+S

A2E Regular reviews of published standards and assessment plans E+W+S

(1) The IfA must maintain arrangements for the review at regular intervals of each standard or [F25 apprenticeship] assessment plan published under this Chapter, with a view to determining whether the standard or plan ought to be revised or withdrawn.

(2) In respect of each standard or [F26 apprenticeship] assessment plan published under this Chapter, the IfA must publish information about the intervals at which those reviews are to be conducted.

Textual Amendments

F25 Word in s. A2E(1) inserted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 17; S.I. 2017/1055, reg. 2(b)(iii)

F26 Word in s. A2E(2) inserted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 17; S.I. 2017/1055, reg. 2(b)(iii)

A2F Revision or withdrawal of published standards and assessment plans E+W+S

(1) The IfA may—

(a) publish a revised version of a standard or [F27 apprenticeship] assessment plan published under this Chapter, or

(b) withdraw a standard or [F28 apprenticeship] assessment plan published under this Chapter (with or without publishing another in its place).

[F29 (2) Subsections (3) to (9) of section ZA11 apply in relation to a revised version of a standard published under this section as they do in relation to a standard published under that section.

(3) Subsections (6) to (12) of section A2 apply in relation to a revised version of an apprenticeship assessment plan published under this section as they do in relation to an apprenticeship assessment plan published under that section.]

Textual Amendments

F27 Word in s. A2F(1)(a) inserted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 18(2); S.I. 2017/1055, reg. 2(b)(iii)

F28 Word in s. A2F(1)(b) inserted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 18(2); S.I. 2017/1055, reg. 2(b)(iii)

F29 S. A2F(2)(3) substituted for s. A2F(2) (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 18(3); S.I. 2017/1055, reg. 2(b)(iii)

F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F30 S. A2G cross-heading omitted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 19; S.I. 2017/1055, reg. 2(b)(iii)

A2G Examinations by independent third parties E+W+S

(1) Before the IfA approves a standard or [F31 apprenticeship] assessment plan for the purposes of section [F32 ZA11(3) or section A2(6)] it must make arrangements for the carrying out of an examination of the standard or [F31 apprenticeship] plan by an independent third party.

(2) The duty imposed by subsection (1) does not apply in relation to a revised version of a standard or [F31 apprenticeship] assessment plan, but the IfA may, for the purposes of a review under section A2E or at any other time, make arrangements for the carrying out of an examination of a standard or [F31 apprenticeship] assessment plan by an independent third party.

(3) Where an examination of a standard or [F31 apprenticeship] assessment plan is carried out under this section, the IfA must take account of the finding of the examination in exercising its functions in relation to the standard or [F31 apprenticeship] plan under this Chapter.

(4) Nothing in subsection (1) prevents the IfA deciding to reject a standard or [F31 apprenticeship] assessment plan without first making arrangements for the carrying out of an examination by an independent third party.

Textual Amendments

F31 Words in s. A2G inserted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 20(a); S.I. 2017/1055, reg. 2(b)(iii)

F32 Words in s. A2G(1) substituted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 20(b); S.I. 2017/1055, reg. 2(b)(iii)

A2H List of published standards and assessment plans E+W+S

(1) The IfA must maintain a list of the standards and assessment plans published by it under this Chapter.

(2) In respect of each standard and plan listed (including any revised version), the list must include details of when it comes into force.

(3) Where a revised version is listed, the list must include a general description of the cases to which the revised version applies.

(4) Where a standard or plan has been withdrawn, the list must include details of when the withdrawal comes into force and a general description of the cases to which it applies.

(5) The IfA must secure that the list is available free of charge at all reasonable times.

A2I Transfer of copyright in standards and assessment plans E+W+S

(1) This section applies where—

[F33 (a) a standard is approved by the Institute under section ZA11 or an apprenticeship assessment plan is approved by the Institute under section A2, and]

(b) a person (other than the IfA) is entitled, immediately before the time the approval is given, to any right or interest in any copyright in the standard or plan.

(2) The right or interest is, by virtue of this section, transferred from that person to the IfA at the time the approval is given.

(3) The IfA must ensure that a standard or [F34 apprenticeship] assessment plan in relation to which a right or interest has transferred by virtue of subsection (2) is made available to the public, subject to any conditions that the IfA considers appropriate.]

Textual Amendments

F33 S. A2I(1)(a) substituted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 22(2); S.I. 2017/1055, reg. 2(b)(iii) (with reg. 4)

F34 Word in s. A2I(3) inserted (8.11.2017) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 22(3); S.I. 2017/1055, reg. 2(b)(iii) (with reg. 4)

A3 Power to issue apprenticeship certificate E+W+S

(1) The Secretary of State may issue a certificate (“an apprenticeship certificate”) [F35 in respect of] 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;

[F36 (b) the supply by the Secretary of State of apprenticeship certificates issued under that subsection, and copies of those certificates, to—

(i) persons in respect of whom they were issued;

(ii) persons for whom those persons work or have worked under approved English apprenticeship agreements to which the certificates relate.]

(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.

Textual Amendments

F35 Words in s. A3(1) substituted (1.4.2017) by Enterprise Act 2016 (c. 12), s. 44(5), Sch. 4 para. 6(2); S.I. 2017/346, reg. 2(a)

F36 S. A3(2)(b) substituted (1.4.2017) by Enterprise Act 2016 (c. 12), s. 44(5), Sch. 4 para. 6(3); S.I. 2017/346, reg. 2(a)

A4 Delegation E+W+S

(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.

A5 English apprenticeship agreements: status E+W+S

(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.

A6 English apprenticeship agreements: supplementary provision E+W+S

(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.

A7 Crown servants and parliamentary staff E+W+S

(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.]

[F37 A8 Progress reports E+W+S

(1) No later than nine months after the end of each reporting period the Secretary of State must publish—

(a) information about the progress made in the reporting period towards the apprenticeships target, and

(b) any other information about apprenticeships that the Secretary of State considers appropriate,

and must lay before Parliament a report setting out the information or indicating how it may be accessed.

(2) “The apprenticeships target” is that three million apprenticeships are entered into in England during the period beginning with 1 May 2015 and ending with 31 March 2020.

(3) The reporting periods are—

(a) the period beginning with 1 May 2015 and ending with 31 July 2016;

(b) the period beginning with 1 August 2016 and ending with 31 July 2017;

(c) the period beginning with 1 August 2017 and ending with 31 July 2018;

(d) the period beginning with 1 August 2018 and ending with 31 July 2019;

(e) the period beginning with 1 August 2019 and ending with 31 March 2020.

(4) In this section “apprenticeships” means—

(a) approved English apprenticeships;

(b) apprenticeship agreements within the meaning given in section 32;

(c) arrangements to undertake any other kind of working—

(i) in relation to which alternative English completion conditions apply under section 1(5), and

(ii) in connection with which training is to be provided in accordance with an apprenticeship framework within the meaning given in section 12.

A reference to a section in paragraph (b) or (c) is to the section as it applies in relation to England by virtue of provision made under section 115(9) of the Deregulation Act 2015.]

Textual Amendments

F37 S. A8 inserted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 2(1), 36(2)(a)

[F38 A9 Public sector apprenticeship targets E+W+S

(1) The Secretary of State may by regulations set apprenticeship targets for prescribed public bodies.

(2) An “apprenticeship target”, in relation to a public body, is a target relating to the number of persons (“apprentices”) who work for the body under an apprenticeship agreement.

(3) Public bodies for which apprenticeship targets are set under this section must have regard to—

(a) the targets, and

(b) any applicable guidance issued by the Secretary of State in relation to the targets.

(4) The Secretary of State may require a public body to provide any information that the Secretary of State needs for the purpose of exercising functions under this section.

(5) Regulations under this section may set apprenticeship targets for—

(a) a prescribed public body,

(b) a prescribed part of a public body,

(c) a prescribed group of public bodies, or

(d) public bodies of a prescribed description.

A reference in this section to a public body includes a reference to a prescribed part of a public body or a prescribed group of public bodies.

(6) The regulations must specify the period to which each apprenticeship target relates.

(7) In this section—

• “apprenticeship agreement” means—

  (a)

  an approved English apprenticeship agreement;

  (b)

  an apprenticeship agreement within the meaning given in section 32 as it applies in relation to England by virtue of provision made under section 115(9) of the Deregulation Act 2015;

• “public body” means—

  (a)

  a public authority, or

  (b)

  a body or other person that is not a public authority but has functions of a public nature and is funded wholly or partly from public funds.]

Textual Amendments

F38 Ss. A9, A10 inserted (4.7.2016) by Enterprise Act 2016 (c. 12), ss. 24(1), 44(2)(c)

[F38 A10 Further provision about apprenticeship targets E+W+S

(1) A public body for which an apprenticeship target is set must—

(a) publish and send to the Secretary of State the information specified in subsection (2), and

(b) send to the Secretary of State any other prescribed information,

within six months after the end of each reporting period of the body in the target period.

(2) The information referred to in subsection (1)(a) is—

(a) the number of employees whose employment in England by the body began in the reporting period in question (“figure A”);

(b) the number of apprentices who began to work for the body in that period and whose apprenticeship agreements also began in that period (“figure B”);

(c) figure B expressed as a percentage of figure A;

(d) the number of employees employed in England that the body has at the end of that period (“figure C”);

(e) the number of apprentices who work for the body at the end of that period (“figure D”);

(f) figure D expressed as a percentage of figure C;

(g) if that reporting period is the first reporting period in the target period, the number of apprentices who worked for the body immediately before that period.

(3) The information that may be prescribed under subsection (1)(b) includes—

(a) information about action that the body has taken to meet an apprenticeship target set for it;

(b) if the public body has failed to meet an apprenticeship target set for it, an explanation of why the target has not been met;

(c) information about action that the body proposes to take to meet an apprenticeship target set for the body for a period that has not yet expired (“a future target”);

(d) if the body considers that a future target is not likely to be met, an explanation of why that is so.

(4) Regulations may specify how the information is to be published or sent.

(5) A body's “reporting periods” in the target period are—

(a) so much of the first financial year of the body to end in the target period as falls within that period,

(b) each subsequent financial year of the body which falls wholly within the target period, and

(c) if the target period ends during a financial year of the body, so much of that financial year as falls within that period.

(6) But, where the target period in relation to a body does not exceed 12 months, the Secretary of State may direct in writing that for the purposes of this section the body is to be treated as having one reporting period which coincides with the target period.

(7) Where, by virtue of section A9(5)(c) or (d) a target is set for more than one public body, regulations may specify which body's financial year is to be used to determine the reporting periods under subsection (5).

(8) In this section—

• “apprenticeship agreement” has the meaning given by section A9(7);

• “apprenticeship target” has the meaning given by section A9(2);

• “public body” has the meaning given by section A9(7);

• “target period”, in relation to an apprenticeship target, means the period specified under section A9(6) as the period to which the target relates.]

Textual Amendments

F38 Ss. A9, A10 inserted (4.7.2016) by Enterprise Act 2016 (c. 12), ss. 24(1), 44(2)(c)

[F39 A11 Only statutory apprenticeships to be described as apprenticeships E+W+S

(1) A person (“P”) providing or offering any course or training that is, or is to be, undertaken (wholly or partly) in England commits an offence if—

(a) in the course of business P describes the course or training as an apprenticeship, and

(b) the course or training is not a statutory apprenticeship.

(2) No offence is committed under subsection (1) where the course or training is, or is to be, provided to an individual under or in pursuance of a contract of employment between the individual and P.

(3) In subsection (1) “statutory apprenticeship” means any course or training that is, or is to be, provided under—

(a) an approved English apprenticeship;

(b) an apprenticeship agreement within the meaning given in section 32;

(c) an arrangement to undertake any other kind of working—

(i) in relation to which alternative English completion conditions apply under section 1(5), and

(ii) in connection with which training is to be provided in accordance with an apprenticeship framework within the meaning given in section 12; or

(d) arrangements made under—

(i) section 2 of the Employment and Training Act 1973,

(ii) section 17B(1)(a) of the Jobseekers Act 1995,

(iii) section 2(3) of the Enterprise and New Towns (Scotland) Act 1990, or

(iv) section 1 of the Employment and Training Act (Northern Ireland) 1950,

that are identified by the person making the arrangements as arrangements for the provision of apprenticeships.

(4) The reference to section 32 in subsection (3)(b) includes a reference to that section as it applies in relation to England by virtue of provision made under section 115(9) of the Deregulation Act 2015; and a reference to a section in subsection (3)(c) is a reference to the section as it so applies.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine.

(6) Where an offence under this section committed by a body corporate—

(a) is committed with the consent or connivance of an officer of the body corporate, or

(b) is attributable to neglect on the part of an officer of the body corporate,

the officer also commits the offence and is liable to be proceeded against and punished accordingly.

(7) Every local weights and measures authority in England—

(a) has a duty to enforce the provisions of this section within their area;

(b) must make to the Secretary of State, whenever he or she so directs, a report on the exercise of the authority's functions under this section.

A report under paragraph (b) must be in such form, and contain such particulars, as the Secretary of State may direct.

(8) Proceedings for an offence under this section may be instituted only—

(a) by or on behalf of a local weights and measures authority in England,

(b) by or on behalf of the Secretary of State, or

(c) with the consent of the Director of Public Prosecutions.

(9) In this section—

• “contract of employment” has the same meaning as in the Employment Rights Act 1996 (see section 230(2) of that Act);

• “offering”, in relation to any course or training, includes offering or marketing it to the public generally or to any section of the public;

• “officer”, in relation to a body corporate, means—

  (a)

  a director, manager, secretary or similar officer of the body, or a person purporting to act in such capacity;

  (b)

  a governor of an educational institution conducted by the body.

(10) The reference in subsection (1) to describing any course or training as an apprenticeship includes a reference to describing an individual who undertakes it as an apprentice.]

Textual Amendments

F39 S. A11 inserted (1.4.2017) by Enterprise Act 2016 (c. 12), ss. 25(1), 44(5); S.I. 2017/346, reg. 2(c)