Apprenticeships, Skills, Children and Learning Act 2009

Apprenticeship training for persons aged 16 to 18 and certain young adults E+W

83 [F1 Power to secure provision of apprenticeship training] E+W

(1) The [F2 Secretary of State] may secure the provision of facilities for suitable apprenticeship training for persons—

(a) who are over compulsory school age but under 19, or

(b) who are aged 19 or over but under 25 and [F3 for whom an EHC plan is maintained] .

(2) In deciding for the purposes of subsection (1) whether apprenticeship training is suitable for persons for whom facilities are provided, the [F2 Secretary of State] must have regard (in particular) to—

(a) the persons' ages, abilities and aptitudes,

(b) any [F4 special educational needs] the persons may have,

(c) the quality of the training,

(d) the locations and times at which the training is provided.

(3) In exercising the power conferred by subsection (1), the [F2 Secretary of State] must have regard (in particular) to the desirability of—

(a) encouraging diversity of apprenticeship training available to persons;

(b) increasing opportunities for persons to exercise choice;

(c) enabling persons to whom Part 1 of the Education and Skills Act 2008 (c. 25) applies to fulfil the duty imposed by section 2 of that Act (duty to participate in education or training).

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this Part “apprenticeship training” means training provided in connection with—

[F6 (a) an approved English apprenticeship, or

(b) any contract of service (other than an approved English apprenticeship agreement) or contract of apprenticeship.]

Textual Amendments

F1 S. 83 heading substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 5; S.I. 2012/1087, art. 3

F2 Words in s. 83(1)-(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 4

F3 Words in s. 83(1)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 89(a); S.I. 2014/889, art. 7(a)

F4 Words in s. 83(2)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 89(b); S.I. 2014/889, art. 7(a)

F5 S. 83(4) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 89(c); S.I. 2014/889, art. 7(a)

F6 S. 83(5)(a)(b) substituted for s. 83(5)(a)-(c) (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 17; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

Commencement Information

I1 S. 83 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

[F7 83A The apprenticeship offer E+W

(1) The [F8 Secretary of State] must secure the provision of proper facilities for apprenticeship training that is suitable to the requirements of persons who—

(a) are within subsection (4), (5) or (6), and

(b) have an apprenticeship opportunity.

This is subject to section 83B (limit on scope of apprenticeship offer).

(2) The duty imposed by subsection (1) is referred to in this section and section 83B as “the apprenticeship offer”.

(3) An apprenticeship opportunity is an [F9 opportunity to enter into an approved English apprenticeship.]

(4) A person within this subsection is one who is over compulsory school age but under 19.

(5) A person within this subsection is one who is not within subsection (4) and—

(a) is a person aged under [F10 25] towards whom a local authority in England has the duties provided for in section 23C [F11 or 23CZB] of the Children Act 1989 (continuing functions in relation to certain formerly looked after children), or

(b) is a person to whom section 23CA of that Act applies (further assistance for certain formerly looked after children aged under 25), in relation to whom a local authority in England is the responsible local authority (within the meaning of that section).

(6) A person within this subsection is one who—

(a) is not within subsection (4), and

(b) is of a prescribed description.

(7) If regulations under subsection (6)(b) describe a person by reference to an age or an age range, the age, or the upper age of the age range, must be less than 25.

(8) Facilities are proper if they are—

(a) of a quantity sufficient to meet the reasonable needs of individuals, and

(b) of a quality adequate to meet those needs.

(9) Section 83(2) and (3) (when apprenticeship training is suitable, and matters to which [F12 Secretary of State] must have regard) apply for the purposes of the apprenticeship offer.

F13 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) The Secretary of State may by order amend this section for the purpose of changing the descriptions of persons to whom the apprenticeship offer applies.

Textual Amendments

F7 Ss. 83A, 83B inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 69(2), 82(3); S.I. 2012/1087, art. 3

F8 Words in s. 83A(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 5(2)

F9 Words in s. 83A(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 18(a); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F10 Word in s. 83A(5)(a) substituted (1.4.2018) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 2 para. 6(a); S.I. 2018/346, reg. 4(aa)

F11 Words in s. 83A(5)(a) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 2 para. 6(b); S.I. 2018/346, reg. 4(aa)

F12 Words in s. 83A(9) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 5(2)

F13 S. 83A(10) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 5(3)

F14 S. 83A(11) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 18(b); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

83B Limit on scope of the apprenticeship offer E+W

(1) The [F15 Secretary of State] is not required by the apprenticeship offer to secure the provision of facilities for apprenticeship training [F16 for the purpose of assisting a person to achieve a particular approved apprenticeship standard if the person—

(a) has already completed an approved English apprenticeship by achieving that standard,

(b) has already completed an approved English apprenticeship by achieving another standard and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work), or

(c) has worked under another arrangement and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work).]

[F17 (1A) Section A1(6) and (7) (which make provision about when a person completes an approved English apprenticeship and about the meaning of “approved apprenticeship standard”) apply for the purposes of subsection (1).]

F18 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F7 Ss. 83A, 83B inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 69(2), 82(3); S.I. 2012/1087, art. 3

F15 Words in s. 83B(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 6

F16 Words in s. 83B(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 19(2); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F17 S. 83B(1A) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 19(3); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F18 Ss. 83B(2)-(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 19(4); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F20 84 Arrangements and co-operation with [F19 local authorities] E+W

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

Textual Amendments

F19 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 16(3)

F20 S. 84 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 7

F22 85 [F21 Provision of apprenticeship training etc for persons within section 83 or 83A] E+W

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

Textual Amendments

F21 S. 85 heading substituted (1.9.2012) by Education Act 2011 (c. 21), ss. 70(2)(d), 82(3); S.I. 2012/1087, art. 3

F22 S. 85 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 8