Part 4F18Apprenticeships and adult education and training: role of Secretary of State
Chapter 1F17Apprenticeships and adult education and training
Pt. 4 Ch. 1 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(b)
F16...
S. 81 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 2
F1681The Chief Executive of Skills Funding
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F15...
S. 82 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 3
F1582Apprenticeship functions
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Apprenticeship training for persons aged 16 to 18 and certain young adults
I183F6Power to secure provision of apprenticeship training
1
The F20Secretary of State may secure the provision of facilities for suitable apprenticeship training for persons—
a
who are over compulsory school age but under 19, or
b
who are aged 19 or over but under 25 and F11for whom an EHC plan is maintained .
2
In deciding for the purposes of subsection (1) whether apprenticeship training is suitable for persons for whom facilities are provided, the F20Secretary of State must have regard (in particular) to—
a
the persons' ages, abilities and aptitudes,
b
any F12special educational needs the persons may have,
c
the quality of the training,
d
the locations and times at which the training is provided.
3
In exercising the power conferred by subsection (1), the F20Secretary of State must have regard (in particular) to the desirability of—
a
encouraging diversity of apprenticeship training available to persons;
b
increasing opportunities for persons to exercise choice;
c
enabling persons to whom Part 1 of the Education and Skills Act 2008 (c. 25) applies to fulfil the duty imposed by section 2 of that Act (duty to participate in education or training).
F104
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5
In this Part “apprenticeship training” means training provided in connection with—
F19a
an approved English apprenticeship, or
b
any contract of service (other than an approved English apprenticeship agreement) or contract of apprenticeship.
83AF8The apprenticeship offer
1
The F23Secretary of State must secure the provision of proper facilities for apprenticeship training that is suitable to the requirements of persons who—
a
are within subsection (4), (5) or (6), and
b
have an apprenticeship opportunity.
This is subject to section 83B (limit on scope of apprenticeship offer).
2
The duty imposed by subsection (1) is referred to in this section and section 83B as “the apprenticeship offer”.
3
An apprenticeship opportunity is an F21opportunity to enter into an approved English apprenticeship.
4
A person within this subsection is one who is over compulsory school age but under 19.
5
A person within this subsection is one who is not within subsection (4) and—
a
b
is a person to whom section 23CA of that Act applies (further assistance for certain formerly looked after children aged under 25), in relation to whom a local authority in England is the responsible local authority (within the meaning of that section).
6
A person within this subsection is one who—
a
is not within subsection (4), and
b
is of a prescribed description.
7
If regulations under subsection (6)(b) describe a person by reference to an age or an age range, the age, or the upper age of the age range, must be less than 25.
8
Facilities are proper if they are—
a
of a quantity sufficient to meet the reasonable needs of individuals, and
b
of a quality adequate to meet those needs.
9
Section 83(2) and (3) (when apprenticeship training is suitable, and matters to which F24Secretary of State must have regard) apply for the purposes of the apprenticeship offer.
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12
The Secretary of State may by order amend this section for the purpose of changing the descriptions of persons to whom the apprenticeship offer applies.
83BLimit on scope of the apprenticeship offer
1
The F28Secretary of State is not required by the apprenticeship offer to secure the provision of facilities for apprenticeship training F27for the purpose of assisting a person to achieve a particular approved apprenticeship standard if the person—
a
has already completed an approved English apprenticeship by achieving that standard,
b
has already completed an approved English apprenticeship by achieving another standard and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work), or
c
has worked under another arrangement and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work).
F261A
Section A1(6) and (7) (which make provision about when a person completes an approved English apprenticeship and about the meaning of “approved apprenticeship standard”) apply for the purposes of subsection (1).
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F293
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F294
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F295
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F3084Arrangements and co-operation with F1local authorities
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F3185F7Provision of apprenticeship training etc for persons within section 83 or 83A
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Education and training for persons aged 19 or over etc.
I2C29C11C35C7C17C13C19C31C5C1C25C23C37C39C44C43C49C5086Education and training for persons aged 19 or over and others subject to adult detention
1
F35The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate for—
a
education suitable to the requirements of persons who are aged 19 or over, other than persons aged under 25 F13for whom an EHC plan is maintained ,
b
education suitable to the requirements of persons who are subject to adult detention, and
c
training suitable to the requirements of persons within paragraphs (a) and (b).
2
This section does not apply to the provision of facilities to the extent that section F583A or 87 applies to the provision of those facilities.
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5
For the purposes of this section a reference to the provision of facilities for education or training (except so far as relating to facilities for persons subject to adult detention) includes a reference to the provision of facilities for organised leisure-time occupation in connection with education or (as the case may be) training.
6
For the purposes of this section—
“education” includes full-time and part-time education;
“training” includes—
- a
full-time and part-time training;
- b
vocational, social, physical and recreational training;
- c
apprenticeship training.
- a
7
In this Part, “organised leisure-time occupation” means leisure-time occupation, in such organised cultural training and recreational activities as are suited to the requirements of persons who fall within subsection (1)(a) or (b), for any such persons who are able and willing to profit by facilities provided for that purpose.
F328
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I3C32C29C11C8C2C20C35C17C14C5C26C23C37C40C45C43C49C5187Learning aims for persons aged 19 or over: provision of facilities
1
F36The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate for relevant education or training for persons falling within subsection (3) which is suitable to their requirements.
2
Relevant education or training is education or vocational training provided by means of a course of study for a qualification to which paragraph 1 of Schedule 5 applies.
3
The persons falling within this subsection are persons who—
a
are aged 19 or over, and are not persons aged under 25 F14for whom an EHC plan is maintained ,
b
do not have the qualification in question or one (including one awarded by a person outside England) which appears to the F37Secretary of State to be at a comparable or higher level, and
c
satisfy such conditions as may be specified in regulations.
F384
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F395
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6
For the purposes of this section—
“education” includes full-time and part-time education;
“training” includes full-time and part-time training.
I4C29C11C35C17C21C33C9C3C27C5C15C23C41C37C46C43C49C5288Learning aims for persons aged 19 or over: payment of tuition fees
1
Functions under this Part must be exercised by the F40Secretary of State so as to secure that a course of study for a qualification to which F2paragraph F511(a), (b) or (ba) of Schedule 5 applies is free to a person falling within subsection (2) if it is provided for the person by virtue of facilities whose provision is secured under section 87.
2
A person falls within this subsection if, at the time of starting the course in question, the person—
a
is aged 19 or over,
b
does not have the qualification in question or one (including one awarded by a person outside England) which appears to the F41Secretary of State to be at a comparable or higher level, and
c
satisfies such conditions as may be specified in regulations.
F32A
Functions under this Part must be exercised by the F42Secretary of State so as to secure that a course of study for a qualification to which paragraph 1(c) of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 87.
3
Functions under this Part must be exercised by the F43Secretary of State so as to secure that a course of study for a qualification to which paragraph 2 of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 86.
4
A person falls within this subsection if, at the time of starting the course in question, the person—
a
is aged at least 19 but less than F924 ,
b
does not have the qualification in question or one (including one awarded by a person outside England) which appears to the F44Secretary of State to be at a comparable or higher level, and
c
satisfies such conditions as may be specified in regulations.
5
The Secretary of State may by order—
a
amend subsection (2)(a) by substituting a different age for the age for the time being referred to;
b
amend subsection (4)(a) by substituting a different age for either of the ages for the time being referred to.
6
For the purposes of this section, a course is free to a person if no tuition fees in respect of the provision of the course for the person are payable by a person other than—
a
the F45Secretary of State , or
b
a body specified by order by the Secretary of State for the purposes of this section.
7
In subsection (6) “tuition fees”, in relation to a course, means—
a
the fees charged in respect of the course by the person providing it, and
b
such fees in respect of other matters relating to the course (such as undergoing a preliminary assessment or sitting an examination) as may be specified in regulations.
I589Sections 87 and 88: supplementary
1
Regulations may make provision as to circumstances in which—
a
despite having a specified qualification, a person is to be treated for the purposes of section 87 or 88 as not having that qualification;
b
despite not having a specified qualification, a person is to be treated for any of those purposes as having that qualification.
2
A condition specified in regulations under section 87 or 88 may, in particular, relate to—
a
the possession, or lack, of a specified qualification;
b
the completion of, or failure to complete, a course for a specified qualification.
3
A reference in subsection (1) or (2) to a specified qualification is to a qualification specified, or of a description specified, in the regulations.
4
Regulations under this section, or under section 87 or 88, may confer a function (which may relate to the administration of an assessment and may include the exercise of a discretion) on a person specified, or of a description specified, in the regulations.
5
Nothing in section 87 or 88 applies to the provision of facilities, or to courses of study, for persons subject to adult detention.
6
Part 2 of Schedule 5 makes further provision for the purposes of sections 87 and 88.
I6C4C34C10C16C30C6C18C12C24C22C36C28C38C42C47C48C53C5490Encouragement of education and training for persons aged 19 or over and others subject to adult detention
1
The F47Secretary of State must—
a
encourage participation by persons within section 86(1)(a) and (b) in education and training within the F48Secretary of State's remit under this Part ;
b
encourage employers to participate in the provision of education and training within the F48Secretary of State's remit under this Part for persons within section 86(1)(a);
c
encourage employers to contribute to the costs of education and training within the F48Secretary of State's remit under this Part for such persons.
2
For the purposes of subsection (1)(b), participating in the provision of training includes participating by entering into—
F46a
an approved English apprenticeship, or
b
any contract of employment (other than an approved English apprenticeship agreement) in connection with which training is provided.
The apprenticeship offer
F491Duty to secure availability of apprenticeship places
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F492Election for apprenticeship offer
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F493Meaning of “apprenticeship place”
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F494Suitability and availability of apprenticeship places: further provision
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F495Apprenticeship offer requirements
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F496Apprenticeship offer requirements: interpretation
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F497Suspension of offer
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F498Power to amend apprenticeship offer
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F499Apprenticeship offer: interpretation
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Pt. 4 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(a)