2013 No. 975 (C. 40)

Education, England And Wales
Education, Northern Ireland

The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 6) Order 2013

Made

The Secretary of State for Education makes the following Order in exercise of the powers conferred by section 269(4) and (8)(b) of the Apprenticeships, Skills, Children and Learning Act 20091.

In accordance with section 269(6) of that Act, the Secretary of State has consulted the Department for Employment and Learning in Northern Ireland.

Citation1

1

This Order may be cited as the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 6) Order 2013.

2

In this Order—

  • the Act” means the Apprenticeships, Skills, Children and Learning Act 2009; and

  • Ofqual” means the Office of Qualifications and Examinations Regulation.

Provisions coming into force on 31st May 20132

The following provisions of the Act come into force on 31st May 2013—

a

sections 145 and 146;

b

section 266 to the extent that it relates to the provision in Schedule 16 specified below;

c

Schedule 16 so far as it relates to the repeal of section 9 of the Education and Skills Act 20082.

Transitional provision3

Any consultation carried out by Ofqual before 31st May 2013 for the purpose of developing criteria to be set under section 146(1) of the Act is to be treated as if it had been carried out by Ofqual under section 146(5) of the Act.

Matthew HancockParliamentary Under Secretary of StateDepartment for Education
EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Apprenticeships, Skills, Children and Learning Act 2009 on 31st May 2013. The following provisions, which are listed in Article 2, are being commenced—

a

section 145, which provides that a recognised body (a person recognised by Ofqual under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 to award qualifications) may only award a particular form of a qualification if conditions are met. One of those conditions is that the body has assigned a number of hours of guided learning to any qualification that is relevant for the purposes of the Education and Skills Act 2008 (“the 2008 Act”). The 2008 Act imposes a duty on people under 18 to participate in education or training if they have not attained a level 3 qualification (the level of attainment demonstrated by obtaining A-levels in two subjects);

b

section 146, which requires Ofqual to set and publish criteria which a recognised body must apply when determining whether a qualification is relevant for the purposes of the 2008 Act and, if so, the number of hours of guided learning that should be assigned to a form of the qualification;

c

section 266 and Schedule 16 so far as they relate to the repeal of section 9 of the Education and Skills Act 2008. Section 9, which is not yet in force, amends section 24 of the Education Act 1997 which has been repealed in relation to England.

Article 3 makes a transitional provision which enables any consultation carried out by Ofqual before 31st May 2013 for the purpose of developing criteria to be set under section 146(1) of the Act to be treated as if it had been carried out by Ofqual under section 146(5) of the Act.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Apprenticeships, Skills, Children and Learning Act 2009 have been brought into force in relation to England and Wales by a Commencement Order made before the date of this Order:

Provision

Date of Commencement

S.I.No.

Section 1

6th April 2011

2011/200

Sections 3 to 6

6th April 2011

2011/200

Sections 11, for England only

6th April 2011

2011/200

Section 12, for England only

1st March 2011

2011/200

Sections 13 to 16

1st March 2011

2011/200

Section 17

6th April 2011

2011/200

Sections 23 to 27

30th September 2010

2010/2374

Sections 32 to 36, for England only

6th April 2011

2011/200

Sections 32 to 36, for Wales only

1st August 2011

2011/200

Section 37

6th April 2011

2011/200

Section 38

1st March 2011

2011/200

Section 39, for England only

6th April 2011

2011/200

Section 40 (fully)

6th April 2011

2010/0303

Sections 41 to 44

1st April 2010

2010/0303

Sections 46 and 47

1st April 2010

2010/0303

Sections 48 to 50 (partially), for England only

1st September 2010

2010/0303

Sections 49 and 50 (partially), for Wales only

1st April 2011

2011/0829

Sections 51 and 52, for England only

1st September 2010

2010/0303

Sections 51 and 52, for Wales only

1st April 2011

2011/0829

Sections 53, 54 and 57

1st April 2010

2010/0303

Sections 55 and 56

12th January 2010

2009/3317

Section 59 (partially)

12th January 2010

2009/3317

Section 59 (partially)

1st April 2010

2010/0303

Section 59 (fully)

1st September 2010

2010/0303

Sections 60 to 80

1st April 2010

2010/0303

Sections 81 to 90

1st April 2010

2010/0303

Sections 100 to 104

1st April 2010

2010/0303

Section 105

6th April 2011

2011/200

Sections 106 to 111

1st April 2010

2010/0303

Section 112(1), (2) and (3)

12th January 2010

2009/3317

Section 112 (fully)

1st April 2010

2010/0303

Sections 113 to 121

1st April 2010

2010/0303

Section 122

1st April 2010

2010/0303

Sections 123 and 124

1st April 2010

2010/0303

Section 125 (partially)

12th January 2010

2009/3317

Section 125 (fully)

1st April 2010

2010/0303

Section 126

12th January 2010

2009/3317

Sections 127 to 144

1st April 2010

2010/1151

Section 147

1st April 2010

2010/1151

Section 148 (partially)

1st April 2010

2010/1151

Sections 149 to 154

1st April 2010

2010/1151

Sections 156 and 157

1st April 2010

2010/1151

Section 158 (partially)

1st April 2010

2010/1151

Section 159 (partially)

1st April 2010

2010/1151

Section 160 (partially)

1st April 2010

2010/1151

Sections 161 to 173

1st April 2010

2010/1151

Section 174 (partially)

1st April 2010

2010/1151

Section 174 (partially), for Wales only

1st November 2010

2010/2413

Section 175 to 177

1st April 2010

2010/1151

Section 178(2)

12th January 2010

2009/3317

Section 178 (fully)

1st April 2010

2010/1151

Section 179

1st April 2010

2010/1151

Section 180 (partially)

1st April 2010

2010/1151

Section 181 to 191

1st April 2010

2010/1151

Section 192 (partially)

1st April 2010

2010/1151

Section 192 (partially), for Wales only

1st November 2010

2010/2413

Section 193 (partially)

12th January 2010

2009/3317

Section 193 (fully)

1st April 2010

2010/0303

Section 194 (1), (2) and (3)

26th February 2010

2010/0303

Section 194 (fully)

1st April 2010

2010/0303

Section 195

12th January 2010

2009/3317

Sections 196 and 197

1st April 2010

2010/0303

Section 202(1) and (2)

12th January 2010

2009/3317

Section 202(3)

28th February 2011

2010/2374

Sections 203 and 204

12th January 2010

2009/3317

Section 205, for Wales only

12th January 2010

2009/3341

Sections 206 to 224 (partially)

19th April 2010

2010/0303

Sections 206 to 224 (partially)

1st September 2010

2010/1151

Section 225 (partially)

12th January 2010

2009/3317

Section 225 (fully)

1st April 2010

2010/0303

Section 226

12th January 2010

2009/3317

Sections 227 to 241

12th January 2010

2009/3317

Sections 242 to 245

1st September 2010

2010/3033

Section 249(3)

1st September 2010

2010/3034

Sections 251 to 253

12th January 2010

2009/3317

Sections 254 and 255

12th January 2010

2009/3317

Section 256

1st April 2010

2010/0303

Sections 257 and 258

12th January 2010

2009/3317

Section 259, for Wales only

1st October 2010

2010/2413

Section 261

12th January 2010

2009/3317

Section 266 (partially)

12th January 2010

2009/3317

Section 266 (partially)

1st April 2010

2010/0303

Section 266 (partially)

1st April 2010

2010/1151

Section 266 (partially), for Wales only

1st October 2010

2010/2413

Section 266 (partially), for Wales only

1st November 2010

2010/2413

Schedule 1 (partially)

6th April 2010

2010/0303

Schedule 2 (partially)

12th January 2010

2009/3317

Schedule 2 (partially)

1st April 2010

2010/0303

Schedule 2 (fully)

1st September 2010

2010/0303

Schedule 3 (partially)

1st April 2010

2010/0303

Schedules 4 to 6

1st April 2010

2010/0303

Schedule 6 (partially), for Wales only

1st April 2011

2011/0829

Schedule 7

1st April 2010

2010/0303

Schedule 8 (partially)

12th January 2010

2009/3317

Schedule 8 (fully)

1st April 2010

2010/0303

Schedules 9 to 11

1st April 2010

2010/1151

Schedule 12 (partially)

1st April 2010

2010/1151

Schedule 12 (partially), for Wales only

1st November 2010

2010/2413

Schedule 13

12th January 2010

2009/3317

Schedule 14, for Wales only

12th January 2010

2009/3341

Schedule 15

12th January 2010

2009/3317

Schedule 16 (partially)

12th January 2010

2009/3317

Schedule 16 (partially)

1st April 2010

2010/0303

Schedule 16 (partially)

1st April 2010

2010/1151

Schedule 16 (partially)

19th April 2010

2010/0303

Schedule 16 (partially)

1st September 2010

2010/1151

Schedule 16 (partially), for Wales only

1st October 2010

2010/2413

Schedule 16 (partially), for Wales only

1st November 2010

2010/2413