Apprenticeships, Skills, Children and Learning Act 2009
2009 CHAPTER 22
An Act to make provision about apprenticeships, education, training and children’s services; to amend the Employment Rights Act 1996; to establish the Young People’s Learning Agency for England, the office of Chief Executive of Skills Funding, the Office of Qualifications and Examinations Regulation and the School Support Staff Negotiating Body and to make provision about those bodies and that office; to make provision about the Qualifications and Curriculum Authority; to make provision about schools and institutions within the further education sector; to make provision about student loans; and for connected purposes.
[12th November 2009]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
This section applies for the purposes of this Chapter.
(2)
A person completes an English apprenticeship in relation to an apprenticeship framework if—
(a)
the standard English completion conditions are met, or
(b)
the alternative English completion conditions are met.
(3)
The standard English completion conditions are—
(a)
that the person has entered into an apprenticeship agreement in connection with the apprenticeship framework,
(b)
that at the date of that agreement the framework was a recognised English framework,
(c)
that the person has completed a course of training for the competencies qualification identified in the framework,
(d)
that, throughout the duration of the course, the person was working under the apprenticeship agreement, and
(e)
that the person meets the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate.
(4)
In subsection (3)(d)—
(a)
the reference to the apprenticeship agreement mentioned in subsection (3)(a) includes a reference to any apprenticeship agreement which the person subsequently entered into in connection with the same apprenticeship framework;
(b)
the reference to the course of training for the competencies qualification is to be read, in a case where the person has followed two or more courses of training for the competencies qualification, as a reference to both or all of them.
(5)
The alternative English completion conditions are conditions which—
(a)
apply in cases where a person works otherwise than under an apprenticeship agreement, and
(b)
are specified in regulations.
(6)
The kinds of working in relation to which provision may be made under subsection (5) include—
(a)
working as a self-employed person;
(b)
working otherwise than for reward.
2-
Meaning of “completing a Welsh apprenticeship”
(1)
This section applies for the purposes of this Chapter.
(2)
A person completes a Welsh apprenticeship in relation to an apprenticeship framework if—
(a)
the standard Welsh completion conditions are met, or
(b)
the alternative Welsh completion conditions are met.
(3)
The standard Welsh completion conditions are—
(a)
that the person has entered into an apprenticeship agreement in connection with the apprenticeship framework,
(b)
that at the date of that agreement the framework was a recognised Welsh framework,
(c)
that the person has completed a course of training for the competencies qualification identified in the framework,
(d)
that, throughout the duration of the course, the person was working under the apprenticeship agreement, and
(e)
that the person meets the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate.
(4)
In subsection (3)(d)—
(a)
the reference to the apprenticeship agreement mentioned in subsection (3)(a) includes a reference to any apprenticeship agreement which the person subsequently entered into in connection with the same apprenticeship framework;
(b)
the reference to the course of training for the competencies qualification is to be read, in a case where the person has followed two or more courses of training for the competencies qualification, as a reference to both or all of them.
(5)
The alternative Welsh completion conditions are conditions which—
(a)
apply in cases where a person works otherwise than under an apprenticeship agreement, and
(b)
are specified in regulations made by the Welsh Ministers.
(6)
The kinds of working in relation to which provision may be made under subsection (5) include—
(a)
working as a self-employed person;
(b)
working otherwise than for reward.
Apprenticeship certificates: England
3-
Duty to issue: England
The English certifying authority must issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—
(a)
it appears to the authority that the person has completed an English apprenticeship in relation to the apprenticeship framework,
(b)
in a case within section 1(2)(a), it appears to the authority that the condition in subsection (3)(e) of that section was met at the date of the person’s application, and
(c)
the person—
(i)
provides the authority with such information and evidence as the authority requires the person to provide, and
(ii)
pays any fee charged by the authority for the issue of the certificate (see section 5).
4-
Power to issue: England
The English certifying authority may issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—
(a)
it appears to the authority that at the date of the application the person met the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate,
(b)
the framework is, or has been, a recognised English framework, and
(c)
the person—
(i)
provides the authority with such information and evidence as the authority requires the person to provide, and
(ii)
pays any fee charged by the authority for the issue of the certificate (see section 5).
5-
Issue by the English certifying authority: supplementary
(1)
The English certifying authority may charge a fee for issuing an apprenticeship certificate only if, and to the extent that, it is authorised to do so by regulations.
(2)
Regulations may make provision about the supply of copies of apprenticeship certificates issued under section 3 or 4.
(3)
Regulations under subsection (2) may include provision authorising the English certifying authority to charge a fee for supplying a copy of an apprenticeship certificate.
6-
The English certifying authority
In this Chapter, the “English certifying authority” means the Chief Executive of Skills Funding.
Apprenticeship certificates: Wales
7-
Duty to issue: Wales
(1)
The Welsh certifying authority must issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—
(a)
it appears to the authority that the person has completed a Welsh apprenticeship in relation to the apprenticeship framework,
(b)
in a case within section 2(2)(a), it appears to the authority that the condition in subsection (3)(e) of that section was met at the date of the person’s application, and
(c)
the person—
(i)
provides the authority with such information and evidence as the authority requires the person to provide, and
(ii)
pays any fee charged by the authority for the issue of the certificate (see section 9).
(2)
The “prescribed manner” is the manner prescribed by regulations made by the Welsh Ministers.
8-
Power to issue: Wales
(1)
The Welsh certifying authority may issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—
(a)
it appears to the authority that at the date of the application the person met the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate,
(b)
the framework is, or has been, a recognised Welsh framework,
(c)
the person—
(i)
provides the authority with such information and evidence as the authority requires the person to provide, and
(ii)
pays any fee charged by the authority for the issue of the certificate (see section 9).
(2)
The “prescribed manner” for the purposes of subsection (1), is the manner prescribed by regulations made by the Welsh Ministers.
9-
Issue by the Welsh certifying authority: supplementary
(1)
The Welsh certifying authority may charge a fee for issuing an apprenticeship certificate only if, and to the extent that, it is authorised to do so by regulations made by the Welsh Ministers.
(2)
Regulations made by the Welsh Ministers may make provision about the supply of copies of apprenticeship certificates issued under section 7 or 8.
(3)
Regulations under subsection (2) may include provision authorising a person supplying a copy of an apprenticeship certificate to charge a fee for doing so.
10-
The Welsh certifying authority
(1)
In this Chapter, the “Welsh certifying authority”, in relation to an apprenticeship certificate of any description, means—
(a)
the person (if any) designated under this section to issue apprenticeship certificates of that description;
(b)
if there is no-one within paragraph (a), the person (if any) designated under this section to issue apprenticeship certificates generally;
(c)
if there is no-one within paragraph (a) or (b), the Welsh Ministers.
(2)
A person designated under this section to issue apprenticeship certificates must, in exercising functions under this Chapter—
(a)
comply with directions given by the Welsh Ministers, and
(b)
have regard to guidance given by the Welsh Ministers.
(3)
“Designated” means designated by an order made by the Welsh Ministers.
Contents of apprenticeship certificate: England and Wales
11-
Contents of apprenticeship certificate
(1)
An apprenticeship certificate must state—
(a)
the name of the person to whom it is issued,
(b)
the apprenticeship framework to which it relates,
(c)
the level of that framework, and
(d)
the apprenticeship sector to which that framework relates.
(2)
An apprenticeship certificate must also state such other matters as the appropriate national authority may by regulations require to be stated in a certificate of that description.
(3)
The appropriate national authority, for the purposes of subsection (2), is—
(a)
in relation to a certificate issued under section 3 or 4, the Secretary of State;
(b)
in relation to a certificate issued under section 7 or 8, the Welsh Ministers.
Apprenticeship frameworks: England and Wales
12-
Apprenticeship frameworks: interpretation
(1)
In this Chapter, “apprenticeship framework” means a specification of requirements, for the purpose of the issue of apprenticeship certificates, that satisfies subsection (2).
(2)
The requirements specified must—
(a)
be at a particular level stated in the specification, and
(b)
relate to a particular skill, trade or occupation included in an apprenticeship sector stated in the specification.
(3)
In this Chapter, “recognised English framework” means an apprenticeship framework issued under section 14(1) from which recognition has not been withdrawn under section 14(2).
(4)
In this Chapter, “recognised Welsh framework” means an apprenticeship framework issued under section 19(1) from which recognition has not been withdrawn under section 19(2).
(5)
For the purposes of this Chapter—
(a)
an apprenticeship framework is at the level of the requirements stated in it;
(b)
an apprenticeship framework relates to the apprenticeship sector stated in it.
Apprenticeship frameworks: England
13-
English issuing authority
(1)
The Secretary of State may designate a person to issue apprenticeship frameworks relating to a particular apprenticeship sector.
(2)
The power conferred by this section must be exercised so as to secure that, at any time, only one person is designated by the Secretary of State to issue apprenticeship frameworks relating to a particular apprenticeship sector.
(3)
A person designated under this section must, in exercising functions under this Chapter—
(a)
comply with directions given by the Secretary of State;
(b)
have regard to guidance given by the Secretary of State.
(4)
A designation under this section may be amended or revoked by the Secretary of State.
(5)
In this Chapter the “English issuing authority”, in relation to an apprenticeship framework, means the person designated under this section to issue frameworks of that description.
14-
Issue: England
(1)
The English issuing authority may issue an apprenticeship framework only if the authority is satisfied that the framework meets the requirements specified, by the specification of apprenticeship standards for England, for recognised English frameworks of that description.
(2)
Recognition of a recognised English framework may be withdrawn—
(a)
by the English issuing authority, or
(b)
if there is no English issuing authority in relation to the framework, by the Secretary of State.
15-
Recognised English frameworks: notification and publication
(1)
On issuing an apprenticeship framework under section 14(1), the English issuing authority must—
(a)
publish the framework;
(b)
notify the Chief Executive of Skills Funding of the issue of the framework.
(2)
A notice given under subsection (1)(b) must be accompanied by a copy of the framework.
(3)
A person who withdraws recognition of an apprenticeship framework under section 14(2) must—
(a)
publish a notice stating that recognition of the framework has been withdrawn;
(b)
notify the Chief Executive of Skills Funding of the withdrawal.
(4)
Where this section imposes a duty on a person to publish a framework or notice, the publication may be in such manner as the person thinks fit.
