Part 1Duty to participate in education or training: England

Chapter 6Miscellaneous

66Interpretation of Part

(1)

In this Part—

F1“ “apprenticeship agreement” has the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009;”;

“appropriate full-time education or training” has the meaning given by section 4;

“contract of employment” means a contract of service, whether express or implied and (if it is express) whether oral or in writing, but does not include a contract of apprenticeshipF2or an apprenticeship agreement;

“level 3 qualification” has the meaning given by section 3;

“proprietor”, in relation to a school or other institution, means the person or body of persons responsible for its management;

“relevant period”, in relation to a person to whom this Part applies, has the meaning given by section 7;

“relevant training or education” has the meaning given by section 6;

“sufficient”, in relation to relevant training or education, is to be construed in accordance with section 8(1).

(2)

Regulations may provide for a person to be, or not to be, regarded as resident in England for the purposes of any provision of this Part.

(3)

Any reference in this Part to a person's being in full-time occupation is to be construed in accordance with section 5.

(4)

For the purposes of this Part, a person is failing to fulfil the duty imposed by section 2 if the person—

(a)

is not participating in education or training in accordance with subsection (1)(a) or (b) of that section, and

(b)

is not in full-time occupation or is not participating in sufficient relevant training.

(5)

A reasonable excuse for a failure to be in full-time occupation is not a reasonable excuse for a failure to fulfil the duty imposed by section 2 (unless it is also a reasonable excuse for any failure to participate as mentioned in subsection (4)).