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Education and Skills Act 2008

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66Interpretation of PartE+W

This section has no associated Explanatory Notes

(1)In this Part—

  • [F1apprenticeship agreement[F2means an apprenticeship agreement within] the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009 [F3or an approved English apprenticeship agreement within the meaning given in section A1(3) of that Act];]

  • 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 apprenticeship [F4or 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)).

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