Welsh Statutory Instruments
2013 No. 1100 (W.117) (C.45)
EDUCATION, WALES
The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 4) (Wales) Order 2013
Made
2 May 2013
The Welsh Ministers make the following Order in exercise of the powers conferred by section 269(3) and (8) of the Apprenticeships, Skills, Children and Learning Act 2009(1):
Title and interpretation
1.—(1) The title of this Order is the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 4) (Wales) Order 2013.
(2) In this Order “the Act” (“y Ddeddf”) means the Apprenticeships, Skills, Children and Learning Act 2009.
Appointed day
2.—(1) 10 May 2013 is the appointed day for the coming into force of the following provisions—
(a)section 2;
(b)section 7;
(c)section 8;
(d)section 9;
(e)section 10;
(f)section 18;
(g)section 19;
(h)section 20;
(i)section 21;
(j)section 22;
(k)section 28;
(l)section 29;
(m)section 30; and
(n)section 31.
(2) 10 May 2013 is the appointed day for the coming into force of the following provisions so far as relating to Wales—
(a)section 11;
(b)section 12; and
(c)section 39.
Jeff Cuthbert
Under authority of the Minister for Education and Skills, one of the Welsh Ministers
2 May 2013
Explanatory Note
(This note is not part of the Order)
This Order is the fourth Commencement Order made by the Welsh Ministers under the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) (“the 2009 Act”) which brings into force certain provisions of the 2009 Act. The provisions are described below.
Section 2 sets out the circumstances in which a person completes a Welsh apprenticeship in relation to an apprenticeship framework. The requirement is that the person meets the standard Welsh completion conditions or the alternative Welsh completion conditions.
Sections 7 to 10 make provision about the issue of apprenticeship certificates. In particular, section 10 provides that the certifying authority for apprenticeships will be persons designated for that purpose by the Welsh Ministers or the Welsh Ministers themselves.
Section 11 sets out the required contents of an apprenticeship certificate.
Section 12 is an interpretation provision which defines “apprenticeship framework”.
Sections 18 to 22 relate to apprenticeship frameworks. In particular, section 18 provides the Welsh Ministers with the power to designate a person to issue apprenticeship frameworks, in relation to a particular sector. The sections also make provision about the publication of apprenticeship frameworks.
Sections 28 to 31 make provision in respect of the specification of apprenticeships standards. The Welsh Ministers are given the power to prepare and consult on a draft specification of apprenticeship standards for Wales.
Section 39 is an interpretation provision which defines terms used in Chapter 1 of Part 1 of the 2009 Act.
Note as to Earlier Commencement Orders
(This note is not part of the Order)
The provisions of the Apprenticeships, Skills, Children and Learning Act 2009 (“the 2009 Act”) in the table below have been brought into force in relation to Wales by Commencement Orders made before the date of this Order.
Various provisions of the 2009 Act have also been brought into force in relation to England only by the following Statutory Instruments: S.I. 2010/303, S.I. 2011/200.
See also section 269(1) of the 2009 Act for the provisions which came into force on 12 November 2009 (the day on which the 2009 Act was passed).
See also section 269(2) of the 2009 Act for the provisions which came into force on 12 January 2010 (at the end of two months beginning on the date the 2009 Act was passed).
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| section 49 (in part) | 1 April 2011 | S.I. 2011/829 (W. 124) |
| section 50 (in part) | 1 April 2011 | S.I. 2011/829 (W. 124) |
| section 51 | 1 April 2011 | S.I. 2011/829 (W. 124) |
| section 52 | 1 April 2011 | S.I. 2011/829 (W. 124) |
| section 174 (in part) | 1 November 2010 | S.I. 2010/2413 (W. 207) |
| section 192 (in part) | 1 November 2010 | S.I. 2010/2413 (W. 207) |
| section 205 | 12 January 2010 | S.I. 2009/3341 (W. 292) |
| section 259 | 1 October 2010 | S.I. 2010/2413 (W. 207) |
| section 266 (in part) | 1 November 2010 | S.I. 2010/2413 (W. 207) |
| Schedule 6 (in part) | 1 April 2011 | S.I. 2011/829 (W. 124) |
| Schedule 12 (in part) | 1 November 2010 | S.I. 2010/2413 (W. 207) |
| Schedule 14 | 12 January 2010 | S.I. 2009/3341 (W. 292) |
| Schedule 16 (in part) | 1 November 2010 in part and 1 October 2010 in part | S.I. 2010/2413 (W. 207) |
The following provisions of the 2009 Act have been brought into force in relation to England and Wales by Commencement Orders made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| section 1 | 6 April 2011 | S.I. 2011/200 |
| sections 3 to 6 | 6 April 2011 | S.I. 2011/200 |
| sections 13 to 16 | 1 March 2011 | S.I. 2011/200 |
| section 17 | 6 April 2011 | S.I. 2011/200 |
| sections 23 to 27 | 30 September 2010 | S.I. 2010/2374 |
| sections 32 to 36 | 6 April 2011 (in relation to England) and 1 August 2011 (in relation to Wales) | S.I. 2011/200 |
| section 37 | 6 April 2011 | S.I. 2011/200 |
| section 38 | 1 March 2011 | S.I. 2011/200 |
| section 40 (in part) | 6 April 2010 | S.I. 2010/303 |
| sections 41 to 44 | 1 April 2010 | S.I. 2010/303 |
| sections 46 and 47 | 1 April 2010 | S.I. 2010/303 |
| sections 53 and 54 | 1 April 2010 | S.I. 2010/303 |
| sections 55 and 56 | 12 January 2010 | S.I. 2009/3317 |
| section 57 | 1 April 2010 | S.I. 2010/303 |
| section 59 (in part) | 12 January 2010 and 1 April 2010 | S.I. 2009/3317 and S.I. 2010/303 |
| sections 60 to 90 | 1 April 2010 | S.I. 2010/303 |
| sections 100 to 104 | 1 April 2010 | S.I. 2010/303 |
| section 105 | 6 April 2011 | S.I. 2011/200 |
| sections 106 to 111 | 1 April 2010 | S.I. 2010/303 |
| section 112 (in part) | 12 January 2010 and 1 April 2010 | S.I. 2009/3317 and S.I. 2010/303 |
| sections 113 to 124 | 1 April 2010 | S.I. 2010/303 |
| section 125 | 12 January 2010 (in part) and 1 April 2010 (for remaining purposes) | S.I. 2009/3317 and S.I. 2010/303 |
| section 126 | 12 January 2010 | S.I. 2009/3317 |
| sections 127 to 144 | 1 April 2010 | S.I. 2010/1151 |
| section 147 | 1 April 2010 | S.I. 2010/1151 |
| section 148 (in part) | 1 April 2010 | S.I. 2010/1151 |
| sections 149 to 154 | 1 April 2010 | S.I. 2010/1151 |
| sections 156 and 157 | 1 April 2010 | S.I. 2010/1151 |
| section 158 (in part) | 1 April 2010 | S.I. 2010/1151 |
| section 159 (in part) | 1 April 2010 | S.I. 2010/1151 |
| section 160 (in part) | 1 April 2010 | S.I. 2010/1151 |
| sections 161 to 173 | 1 April 2010 | S.I. 2010/1151 |
| section 174 (in part) | 1 April 2010 | S.I. 2010/1151 |
| sections 175 to 177 | 1 April 2010 | S.I. 2010/1151 |
| section 178 | 12 January 2010 (in part) and 1 April 2010 (for remaining purposes) | S.I. 2009/3317 and S.I. 2010/1151 |
| section 179 | 1 April 2010 | S.I. 2010/1151 |
| section 180 (in part) | 1 April 2010 | S.I. 2010/1151 |
| sections 181 to 191 | 1 April 2010 | S.I. 2010/1151 |
| section 192 (in part) | 1 April 2010 | S.I. 2010/1151 |
| section 193 | 12 January 2010 (in part) and 1 April 2010 (for remaining purposes) | S.I. 2009/3317 and S.I. 2010/303 |
| section 194 | 26 February 2010 in part) and 1 April 2010 (for remaining purposes) | S.I. 2010/303 |
| section 195 | 12 January 2010 | S.I. 2009/3317 |
| sections 196 and 197 | 1 April 2010 | S.I. 2010/303 |
| section 202 | 12 January 2010 (in part) and 28 February 2011 (for remaining purposes) | S.I. 2009/3317 and S.I. 2010/2374 |
| sections 203 and 204 | 12 January 2010 | S.I. 2009/3317 |
| sections 206 to 224 | 19 April 2010 (in part) and 1 September 2010 (in part) | S.I. 2010/303 and S.I. 2010/1151 |
| section 225 | 12 January 2010 (in part) and 1 April 2010 (for remaining purposes) | S.I. 2009/3317 and S.I. 2010/303 |
| section 226 (in part) | 12 January 2010 | S.I. 2009/3317 |
| sections 227 to 241 | 12 January 2010 | S.I. 2009/3317 |
| sections 242 to 245 | 1 September 2010 | S.I. 2010/303 |
| section 249 (in part) | 1 September 2010 | S.I. 2010/303 |
| sections 251 to 255 | 12 January 2010 | S.I. 2009/3317 |
| section 256 | 1 April 2010 | S.I. 2010/303 |
| sections 257 and 258 | 12 January 2010 | S.I. 2009/3317 |
| section 261 | 12 January 2010 | S.I. 2009/3317 |
| section 266 (in part) | 12 January 2010 and 1 April 2010 | S.I. 2009/3317, S.I. 2010/303 and S.I. 2010/1151 |
| Schedule 1 (in part) | 6 April 2010 | S.I. 2010/303 |
| Schedule 2 (in part) | 12 January 2010, 1 April 2010 and 1 September 2010 | S.I. 2009/3317 and S.I. 2010/303 |
| Schedule 3 (in part) | 1 April 2010 | S.I. 2010/303 |
| Schedules 4 to 7 | 1 April 2010 | S.I. 2010/303 |
| Schedule 8 | 12 January 2010 (in part) and 1 April 2010 (for remaining purposes) | S.I. 2009/3317 and S.I. 2010/303 |
| Schedules 9 to 11 | 1 April 2010 | S.I. 2010/1151 |
| Schedule 12 (in part) | 1 April 2010 | S.I. 2010/1151 |
| Schedule 13 | 12 January 2010 | S.I. 2009/3317 |
| Schedule 15 | 12 January 2010 | S.I. 2009/3317 |
| Schedule 16 (in part) | 12 January 2010, 1 April 2010, 19 April 2010 and 1 September 2010 | S.I. 2009/3317, S.I. 2010/303 and S.I. 2010/1151 |