The Apprenticeships (Miscellaneous Provisions) Regulations 2017

Alternative English apprenticeships E+W

6.—(1) For the purposes of section A1(4) of the Act, an alternative English apprenticeship is an arrangement under which a person to whom paragraph (5) [F1 , (5A)] [F2 , (6) [F3 , (8) or (10)]] applies works in order to achieve an approved standard.

(2) Work under paragraph (1) may be—

(a) for an employer;

(b) otherwise than for an employer; or

(c) otherwise than for reward.

(3) The arrangement in paragraph (1) must specify the amount of time the person is to receive off-the-job training during the period of the arrangement.

(4) The arrangement in paragraph (1) terminates on the date specified in the arrangement.

(5) This paragraph applies to a person where—

(a) the person was working for an employer and receiving training, under an approved English apprenticeship agreement;

(b) that agreement was terminated before the final day or the revised final day because the person was dismissed by reason of redundancy; and

(c) that agreement was terminated less than six months before the final day or the revised final day.

[F4 (5A) This paragraph applies to a person where—

(a) the person was working for an employer and receiving training, under an approved English apprenticeship agreement which was terminated on or after the day on which the Apprenticeships (Alternative English Completion Conditions and Miscellaneous Provisions) (Amendment) (Coronavirus) Regulations 2020 came into force;

(b) that agreement was terminated before the final day or the revised final day because the person was dismissed by reason of redundancy; and

(c) at the beginning of the day on which that agreement was terminated, at least 75% of the practical period had elapsed.]

(6) This paragraph applies to a person who is working and receiving training to achieve an approved standard under an arrangement where the person is holding office—

(a) as a minister or a trainee minister of a religious denomination; or

(b) as a constable of a police force in England.

(7) For the purposes of paragraph (1), the arrangement in paragraph (6) must specify a period of not less than 12 months during which the person is expected to work and receive training under the arrangement.

[F5 (8) This paragraph applies to a person who is working and receiving training during the flexi-job apprenticeship practical period in order to achieve one of the approved standards specified in the following sub-paragraphs—

(a) Creative Venue Technician;

(b) Live Events Technician;

(c) Props Technician;

(d) Museums and Galleries Technician;

(e) Archaeological Technician;

(f) VFX artist or Technical Director;

(g) Junior VFX Artist;

(h) Camera Prep Technician;

(i) Broadcast and Media Systems Technician;

(j) Photographic Assistant;

(k) Cultural Heritage Conservation Technician;

(l) Junior Content Producer;

(m) Cultural Learning and Participation Officer;

(n) Game Programmer;

(o) Software Development Technician;

(p) Software Developer;

(q) DevOps Engineer;

(r) Advanced Carpentry and Joinery;

(s) Stonemason;

(t) Industrial Coatings Applicator;

(u) Smart Home Technician;

(v) Construction Site Supervisor;

(w) Bricklayer;

(x) Rail Infrastructure Operator.

[F6 (y) Adult Care Worker;

(z) Customer Service Practitioner;

(z1) Data Analyst;

(z2) Information Communications Technician;

(z3) Lead Adult Care Worker;

(z4) Leader in Adult Care;

(z5) Healthcare Assistant Practitioner;

(z6) Healthcare Support Worker;

(z7) Senior Healthcare Support Worker;

(z8) Civil Engineering Senior Technician;

(z9) Construction Quantity Surveying Technician;

(z10) Construction Design and Build Technician;

(z11) Civil Engineering Technician;

(z12) Content Creator.]

(9) For the purposes of paragraph (8)—

F7 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) “flexi-job apprenticeship” means an alternative English apprenticeship undertaken by way of a series of arrangements under which a person works to achieve an approved standard;

(c) “the flexi-job apprenticeship practical period” means the period for which the apprentice is expected to work and receive training when doing a flexi-job apprenticeship;

(d) the duration of the flexi-job apprenticeship practical period must not be less than 12 months, made up of the aggregate of the periods spent working and training under arrangements to achieve one of the approved standards specified in that paragraph; and

(e) each arrangement must specify a period of not less than 3 months during which the person is expected to work and receive training under the arrangement.]

[F8 (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 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; and

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

Textual Amendments

F1 Word in reg. 6(1) inserted (15.10.2020) by The Apprenticeships (Alternative English Completion Conditions and Miscellaneous Provisions) (Amendment) (Coronavirus) Regulations 2020 (S.I. 2020/1120), regs. 1(2), 3(2)(a)

F2 Words in reg. 6(1) substituted (6.4.2022) by The Apprenticeships (Miscellaneous Provisions) (Amendment) (England) Regulations 2022 (S.I. 2022/86), regs. 1(2), 2(2)(a)

F3 Words in reg. 6(1) substituted (30.9.2022) by The Apprenticeships (Miscellaneous Provisions) (Amendment) (No. 2) (England) Regulations 2022 (S.I. 2022/949), regs. 1(2), 2(2)

F4 Reg. 6(5A) inserted (15.10.2020) by The Apprenticeships (Alternative English Completion Conditions and Miscellaneous Provisions) (Amendment) (Coronavirus) Regulations 2020 (S.I. 2020/1120), regs. 1(2), 3(2)(b)

F5 Reg. 6(8)(9) inserted (6.4.2022) by The Apprenticeships (Miscellaneous Provisions) (Amendment) (England) Regulations 2022 (S.I. 2022/86), regs. 1(2), 2(2)(b)

F6 Reg. 6(8)(y)(z)(z1)-(z12) inserted (7.1.2023) by The Apprenticeships (Miscellaneous Provisions) (England) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/1341), regs. 1(2), 2(2)

F7 Reg. 6(9)(a) omitted (30.9.2022) by virtue of The Apprenticeships (Miscellaneous Provisions) (Amendment) (No. 2) (England) Regulations 2022 (S.I. 2022/949), regs. 1(2), 2(3)

F8 Reg. 6(10)-(12) inserted (30.9.2022) by The Apprenticeships (Miscellaneous Provisions) (Amendment) (No. 2) (England) Regulations 2022 (S.I. 2022/949), regs. 1(2), 2(4)