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Apprenticeships, Skills, Children and Learning Act 2009, Section 83A is up to date with all changes known to be in force on or before 26 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The Chief Executive 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 opportunity to—
(a)enter into an apprenticeship agreement,
(b)enter into any other contract of employment in connection with which training will be provided in accordance with an apprenticeship framework, or
(c)undertake any other kind of working—
(i)in relation to which alternative English completion conditions apply under section 1(5), and
(ii)in connection with which training will be provided in accordance with an apprenticeship framework.
(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)is a person aged under 21 towards whom a local authority in England has the duties provided for in section 23C of the Children Act 1989 (continuing functions in relation to certain formerly looked after children), or
(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 Chief Executive must have regard) apply for the purposes of the apprenticeship offer.
(10)In complying with the apprenticeship offer the Chief Executive must make the best use of the Chief Executive's resources.
(11)In this section “apprenticeship framework” has the meaning given by section 12.
(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.]
Textual Amendments
F1Ss. 83A, 83B inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 69(2), 82(3); S.I. 2012/1087, art. 3
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