The Apprenticeships (Miscellaneous Provisions) (Amendment) (No. 2) (England) Regulations 2022

Amendment of regulation 6 of the Apprenticeships (Miscellaneous Provisions) Regulations 2017: alternative English apprenticeships

2.—(1) Regulation 6 (alternative English apprenticeships) of the Apprenticeships (Miscellaneous Provisions) Regulations 2017(1) is amended as follows.

(2) In paragraph (1), for “or (8)”, substitute “, (8) or (10)”.

(3) Omit paragraph (9)(a).

(4) After paragraph (9), insert—

“(10) This paragraph applies to the following persons who are working and receiving training to achieve an approved standard—

(a) a convicted prisoner who was sentenced in relation to that conviction excluding such a prisoner in a naval, military or air force prison;

(b) a convicted inmate who was sentenced in relation to that conviction; and

(c) a convicted person—

(i) who was sentenced in relation to that conviction;

(ii) who is required to be detained in any accommodation mentioned in section 102(2)(a), (b) or (d) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(2) or in a secure 16 to 19 Academy,

and continues to apply to a person after they cease to be a person mentioned in sub-paragraph (a), (b) or (c), so long as they were such a person when that work or training commenced.

(11) For the purposes of paragraph (1), the arrangement in paragraph (10) must specify a period of at least 12 months during which a person is expected to work and receive training under the arrangement.

(12) In paragraph (10)—

(a) “convicted” means “convicted or found guilty of an offence or committed for contempt of court or for failing to do or abstain from doing anything required to be done or left undone” and “conviction” is to be construed accordingly;

(b) “inmate” has the meaning given by Rule 2 of the Young Offender Institution Rules 2000(3); and

(c) “secure 16 to 19 Academy” has the meaning given by section 1B of the Academies Act 2010(4).”.

(1)

S.I. 2017/1310, as amended by S.I. 2020/1120 and 2022/86.

(2)

2012 c. 10. Section 102(2) was amended by section 38 of, and paragraphs 28 and 29 to Schedule 9, of the Criminal Justice and Courts Act 2015 (c. 2).

(3)

S.I. 2000/3371. There are amendments to rule 2 which are not relevant to these Regulations.

(4)

2010 c. 32. Section 1B was inserted by section 53(7) of the Education Act (c. 21) and amended by section 164(1) of the Police, Crime, Sentencing and Courts Act 2022 (c. 32).