- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/09/2021)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 30/09/2022
Point in time view as at 01/09/2021.
Apprenticeships, Skills, Children and Learning Act 2009, Part 1A is up to date with all changes known to be in force on or before 18 August 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. 1A inserted (4.7.2016) by Enterprise Act 2016 (c. 12), ss. 26(1), 44(5); S.I. 2016/695, art. 2(a)
F2Words in Pt. 1A heading inserted (2.1.2018) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 26; S.I. 2017/1055, reg. 3(b)(ii)
(1)HMRC may disclose information held by them to the Secretary of State for the purpose of the Secretary of State's functions in relation to English statutory apprenticeships.
(2)The Secretary of State may disclose information to HMRC—
(a)for the purpose of requesting HMRC to disclose information under subsection (1), or
(b)for another purpose connected with the Secretary of State's functions in relation to English statutory apprenticeships.
(3)In this section “English statutory apprenticeships” means—
(a)approved English apprenticeships within the meaning given in section A1;
(b)apprenticeships undertaken under apprenticeship agreements within the meaning given in section 32 that were entered into in connection with recognised English frameworks;
(c)apprenticeships in relation to which alternative English completion arrangements apply under section 1(5);
(d)apprenticeships undertaken under arrangements made in relation to England under section 2 of the Employment and Training Act 1973 that are identified by the person making them as arrangements for the provision of apprenticeships.
(1)The Institute for Apprenticeships and Technical Education may disclose information to a relevant person for the purpose of a relevant function of that person.
(2)For disclosure of information by the Institute for the purposes of its own functions, see paragraph 10 of Schedule A1.
(3)A relevant person may disclose information to the Institute for the purpose of—
(a)a function of the Institute, or
(b)a relevant function of that person.
(4)In this section “relevant person” means—
(a)Ofqual,
(b)the OfS,
(c)Ofsted, or
(d)a prescribed person.
(5)In this section “relevant function” means—
(a)in relation to Ofqual, the OfS or Ofsted, a function of that body, so far as the function relates to England;
(b)in relation to a prescribed person, a prescribed function of that person, so far as the function relates to England.
(6)In this section—
“Ofqual” means the Office of Qualifications and Examinations Regulation;
“OfS” means the Office for Students;
“Ofsted” means—
the Office for Standards in Education, Children's Services and Skills, and
Her Majesty's Chief Inspector of Education, Children's Services and Skills.
(7)Regulations under this section prescribing functions of a person may prescribe all of the person's functions.]
Textual Amendments
F3S. 40AA inserted (2.1.2018) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 27; S.I. 2017/1055, reg. 3(b)(ii) (with reg. 4)
(1)HMRC may disclose information held by them—
(a)to a Welsh authority for the purpose of the authority's functions in relation to Welsh apprenticeships;
(b)to a Scottish authority for the purpose of the authority's functions in relation to Scottish apprenticeships;
(c)to a Northern Irish authority for the purpose of the authority's functions in relation to Northern Irish apprenticeships.
(2)An authority mentioned in paragraph (a), (b) or (c) of subsection (1) may disclose information to HMRC—
(a)for the purpose of requesting HMRC to disclose information to the authority under subsection (1), or
(b)for another purpose connected with the authority's functions mentioned in subsection (1).
(3)In this section—
“Northern Irish apprenticeships” means apprenticeships undertaken under arrangements made under section 1 of the Employment and Training Act (Northern Ireland) 1950 that are identified by the person making them as arrangements for the provision of apprenticeships;
“Northern Irish authority” means—
a Northern Ireland department, and
any body or other person that is prescribed, or of a prescribed description;
“Scottish apprenticeships” means apprenticeships undertaken under arrangements made—
in relation to Scotland, under section 2 of the Employment and Training Act 1973, or
under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990,
that are identified by the person making them as arrangements for the provision of apprenticeships;
“Scottish authority” means—
the Scottish Ministers, and
any body or other person that is prescribed, or of a prescribed description;
“Welsh apprenticeships” means—
apprenticeships undertaken under apprenticeship agreements within the meaning given in section 32 that were entered into in connection with recognised Welsh frameworks;
apprenticeships in relation to which alternative Welsh completion arrangements apply under section 2(5);
apprenticeships undertaken under arrangements made in relation to Wales under—
section 2 of the Employment and Training Act 1973, or
section 17B of the Jobseekers Act 1995,
that are identified by the person making them as arrangements for the provision of apprenticeships;
“Welsh authority” means—
the Welsh Ministers, and
any body or other person that is prescribed, or of a prescribed description.
(4)In subsection (3)—
(a)the reference to a Northern Ireland department includes a reference to a person providing services to a Northern Ireland department;
(b)the reference to the Scottish Ministers includes a reference to a person providing services to the Scottish Ministers;
(c)the reference to the Welsh Ministers includes a reference to a person providing services to the Welsh Ministers.
(5)Regulations under this section may amend the definition in subsection (3) of—
(a)“Northern Irish apprenticeships”,
(b)“Scottish apprenticeships”, or
(c)“Welsh apprenticeships”.
(1)Information disclosed by HMRC under section 40A(1) or 40B(1) may not be disclosed by the recipient of the information to any other person without the consent of HMRC (except so far as permitted by section 40A(2) or 40B(2)).
(2)If a person discloses, in contravention of subsection (1), any revenue and customs information relating to a person whose identity—
(a)is specified in the disclosure, or
(b)can be deduced from it,
section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.
(1)In this Part—
“HMRC” means the Commissioners for Her Majesty's Revenue and Customs;
“revenue and customs information relating to a person” has the same meaning as in section 19 of the Commissioners for Revenue and Customs Act 2005 (see section 19(2) of that Act).
(2)In this Part—
(a)references to HMRC include references to a person providing services to HMRC;
(b)references to the Secretary of State include references to a person providing services to the Secretary of State.
(3)Nothing in this Part
[F4(a)affects any power to disclose information that exists apart from this Part],
[F5(b)authorises the disclosure of any information in contravention of any provision made by or under any Act which prevents disclosure of the information.]]
Textual Amendments
F4Words in s. 40D(3) renumbered as s. 40D(3)(a) (2.1.2018) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 28(a); S.I. 2017/1055, reg. 3(b)(ii)
F5S. 40D(3)(b) inserted (2.1.2018) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 28(b); S.I. 2017/1055, reg. 3(b)(ii)
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