Education and Skills Act 2008

66 Interpretation of Part E+W

(1) In this Part—

• [F1 “apprenticeship agreement” [F2 means an apprenticeship agreement within] the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009 [F3 or 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 [F4 or 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)).

Textual Amendments

F1 Words in s. 66(1) inserted (6.4.2011) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 37(3)(a), 269(4); S.I. 2011/200, art. 3

F2 Words in s. 66(1) substituted (24.11.2015) by The English Apprenticeships (Consequential Amendments to Primary Legislation) Order 2015 (S.I. 2015/1852), arts. 1, 3(a)

F3 Words in s. 66(1) inserted (24.11.2015) by The English Apprenticeships (Consequential Amendments to Primary Legislation) Order 2015 (S.I. 2015/1852), arts. 1, 3(b)

F4 Words in s. 66(1) inserted (6.4.2011) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 37(3)(b), 269(4); S.I. 2011/200, art. 3

Commencement Information

I1 S. 66 in force at 28.6.2013 by S.I. 2013/1204, art. 2(t)