Part 1Apprenticeships, study and training

F4Chapter 1F1Apprenticeships: Wales

Annotations:
Amendments (Textual)
F4

Ss. A9, A10 inserted (4.7.2016) by Enterprise Act 2016 (c. 12), ss. 24(1), 44(2)(c)

F1

Pt. 1 Ch. 1 heading substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 6; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

Apprenticeship agreements: F2... Wales

Annotations:
Amendments (Textual)
F2

Words in s. 32 cross-heading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 13; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

I1I232Meaning of “apprenticeship agreement”

1

In this Chapter, “apprenticeship agreement” means an agreement in relation to which each of the conditions in subsection (2) is satisfied.

2

The conditions are—

a

that a person (the “apprentice”) undertakes to work for another (the “employer”) under the agreement;

b

that the agreement is in the prescribed form;

c

that the agreement states that it is governed by the law of England and Wales;

d

that the agreement states that it is entered into in connection with a qualifying apprenticeship framework.

3

The power conferred by subsection (2)(b) may be exercised, in particular—

a

to specify provisions that must be included in an apprenticeship agreement;

b

to specify provisions that must not be included in an apprenticeship agreement;

c

to specify all or part of the wording of provisions that must be included in an apprenticeship agreement.

4

Where an agreement states that it is entered into in connection with an apprenticeship framework (“the relevant framework”) that is not a qualifying apprenticeship framework, subsection (2)(d) is to be taken to be satisfied in relation to the agreement if—

a

at a time within the period of three years ending with the date of the agreement, the relevant framework was a qualifying apprenticeship framework;

b

at the date of the agreement, the apprentice has not completed the whole of a course of training for the competencies qualification identified in the relevant framework,

c

before the date of the agreement, the apprentice entered into an apprenticeship agreement (“the earlier agreement”) which stated that it was entered into in connection with the relevant framework, and

d

at the date of the earlier agreement, the relevant framework was a qualifying apprenticeship framework.

5

In subsection (4)(b), the reference to a course of training for the competencies qualification is to be read, in a case where the person follows two or more courses of training for the competencies qualification, as a reference to both or all of them.

6

An apprenticeship framework is a “qualifying apprenticeship framework”, for the purposes of this section, if it is—

F3a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

a recognised Welsh framework.