Part 1Apprenticeships, study and training
F18Chapter 1F2Apprenticeships: Wales
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)
F6...
S. 1 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 7; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F61Meaning of “completing an English apprenticeship”
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I162Meaning 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.
F8...
Ss. 3-6 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 8; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F83Duty to issue: England
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F84Power to issue: England
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F85Issue by the English certifying authority: supplementary
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F86The English certifying authority
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Apprenticeship certificates: Wales
I177Duty 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.
I188Power 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.
I199Issue 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.
I2010The 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: F3...Wales
Words in s. 11 cross-heading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 9(c); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
I3I3011Contents 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 F10the Welsh Ministers may by regulations require to be stated in a certificate of that description.
F113
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Apprenticeship frameworks: F4... Wales
Words in s. 12 cross-heading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 10(b); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
I1I3112Apprenticeship 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.
F123
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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.
F9...
Ss. 13-17 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 11; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F913English issuing authority
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F914Issue: England
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F915Recognised English frameworks: notification and publication
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F916Submission of draft framework for issue: England
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F917Transitional provision: England
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Apprenticeship frameworks: Wales
I2118Welsh issuing authority
1
The Welsh Ministers may designate a person to issue apprenticeship frameworks relating to a particular apprenticeship sector.
F192
The power to designate conferred by this section may not be exercised in such a way that there is at any time more than one person designated 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 Welsh Ministers;
b
have regard to guidance given by the Welsh Ministers.
4
A designation under this section may be amended or revoked by the Welsh Ministers.
F205
In this Chapter, the “Welsh issuing authority”, in relation to an apprenticeship framework, means—
a
the person (if any) designated under this section to issue frameworks of that description;
b
if there is no-one so designated, the Welsh Ministers.
I2219Issue: Wales
1
The Welsh 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 Wales, for recognised Welsh frameworks of that description.
2
Recognition of a recognised Welsh framework may be withdrawn F21by the Welsh issuing authority—
F22a
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F22b
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I2320Recognised Welsh frameworks: notification and publication
1
On issuing an apprenticeship framework under section 19(1), the Welsh issuing authority must—
a
publish the framework;
b
F23if the issuing authority is not the Welsh Ministers, notify the Welsh Ministers of the issue of the framework.
2
A notice given under subsection (1)(b) must be accompanied by a copy of the framework.
3
F24A Welsh issuing authority which withdraws recognition of an apprenticeship framework under section 19(2) must—
a
publish a notice stating that recognition of the framework has been withdrawn;
b
F25in the case where the issuing authority are not the Welsh Ministers, notify the Welsh Ministers 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.
I2421Submission of draft framework for issue: Wales
1
This section applies if a person—
a
submits a draft of an apprenticeship framework to the Welsh issuing authority, and
b
requests that the authority issue a framework in the form of the draft.
2
The authority may require the person to provide such information and evidence in connection with the draft as the authority thinks appropriate.
3
If the authority decides not to issue a framework in the form of the draft, it must give the person reasons for its decision.
I2522Transitional provision: Wales
1
The Welsh Ministers may by order provide for an existing vocational specification to be treated, for all purposes or for purposes specified in the order, as if it were an apprenticeship framework issued under section 19(1) that specified requirements for the purpose of the issue of apprenticeship certificates.
2
For the purposes of its application in relation to an existing vocational specification that, by virtue of an order under subsection (1), is treated as an apprenticeship framework issued under section 19(1), this Chapter has effect subject to any modifications specified in the order.
3
An order under subsection (1) must—
a
specify a date on which the deemed framework is to be treated as being issued under section 19(1);
b
specify a date on which recognition of the deemed framework is to be treated as having been withdrawn under section 19(2);
c
specify a qualification that the deemed framework is to be treated as identifying as the competencies qualification;
d
specify the level and apprenticeship sector that are to be treated as being stated in the deemed framework.
4
The date specified under subsection (3)(b) in an order under subsection (1) must be no later than the day after the day that is the school leaving date for 2013.
5
In this section—
“the deemed framework”, in relation to an order under subsection (1), means an existing vocational specification that, by virtue of the order, is treated as being an apprenticeship framework issued under section 19(1);
“existing vocational specification” means a specification, prepared before the coming into force of section 19, of training, qualifications and skills appropriate for persons engaging in a particular trade, skill or occupation.
6
Nothing in this section limits the powers conferred by section 262.
F7...
Ss. 23-27 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 12; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)
F723Duty to prepare and submit draft specification: England
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F724Order bringing specification into effect
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F725Modification: England
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F726Replacement or modification: recognised English frameworks
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F727Contents of specification of apprenticeship standards for England
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Specification of apprenticeship standards: Wales
I2628Specification of apprenticeship standards for Wales
1
The Welsh Ministers may prepare a draft specification of apprenticeship standards.
2
In preparing the draft, the Welsh Ministers must consult such persons as they think appropriate.
3
Having prepared a draft, the Welsh Ministers may by order provide that a specification of apprenticeship standards (“the specification of apprenticeship standards for Wales”) is to have effect—
a
in the form of the draft, or
b
in that form with such modifications as the Welsh Ministers think appropriate.
4
Subsection (2) does not apply in relation to the first draft specification to be prepared by the Welsh Ministers after the commencement of this section.
5
The Welsh Ministers may not make an order under subsection (3) unless satisfied that the specification of apprenticeship standards given effect to by the order complies with section 31.
6
The power conferred by subsection (3) is to be exercised so as to secure that at any time only one specification of apprenticeship standards has effect as the specification of apprenticeship standards for Wales.
I2729Modification: Wales
1
The Welsh Ministers may by order provide that the specification of apprenticeship standards for Wales is to have effect subject to modifications specified in the order.
2
The Welsh Ministers may not make an order under this section unless satisfied that the specification, as so modified, complies with section 31.
I2830Replacement or modification: recognised Welsh frameworks
1
Subject to subsection (2), a recognised Welsh framework does not cease to be a recognised Welsh framework if, by virtue of an order under section 28 or 29, it ceases to meet the requirements specified for frameworks of its description by the specification of apprenticeship standards for Wales.
2
An order under section 28 may provide for an apprenticeship framework which—
a
immediately before the making of the order is a recognised Welsh framework, but
b
does not meet the requirements specified for frameworks of its description by the specification of apprenticeship standards for Wales to which the order gives effect,
to cease to have effect as a recognised Welsh framework.
I2931Contents of specification of apprenticeship standards for Wales
1
The specification of apprenticeship standards for Wales—
a
must specify requirements to be met by recognised Welsh frameworks,
b
may specify different requirements in relation to recognised Welsh frameworks at different levels.
2
The requirements specified by the specification of apprenticeship standards for Wales must include—
a
requirements as to Welsh certificate requirements, including requirements as to standards of attainment to be required by them,
b
requirements for a recognised Welsh framework to include, as a Welsh certificate requirement, the requirement that an apprenticeship certificate relating to the framework may be issued to a person only if the person has received both on-the-job training and off-the-job training, and
c
requirements for a recognised Welsh framework to—
i
include, as a Welsh certificate requirement, the requirement that one or more qualifications be held,
ii
include, as a Welsh certificate requirement, the requirement that the qualification, or the qualifications taken together, demonstrate the relevant occupational competencies and the relevant technical knowledge, and
iii
identify the qualification that demonstrates the relevant occupational competencies as the competencies qualification in relation to the framework.
3
Requirements as to standards of attainment may be specified by reference, in particular, to descriptions of qualifications or training.
4
In this section—
“off-the-job training” in relation to a recognised Welsh framework, is training which—
- a
is received for the purposes of the skill, trade or occupation to which the framework relates, and
- b
is not on-the-job training;
- a
“on-the-job training” in relation to a recognised Welsh framework, is training received in the course of carrying on the skill, trade or occupation to which the framework relates;
“the relevant occupational competencies”, in relation to a recognised Welsh framework, means the competencies required to perform the skill, trade or occupation to which the framework relates at the level required in the framework;
“the relevant technical knowledge”, in relation to a recognised Welsh framework, means the technical knowledge required to perform the skill, trade or occupation to which the framework relates at the level required in the framework;
“Welsh certificate requirement” means a requirement specified in a recognised Welsh framework for the purpose of the issue of apprenticeship certificates relating to that framework by the Welsh certifying authority.
Apprenticeship agreements: F5... Wales
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)
I4I1132Meaning 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—
F13a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
a recognised Welsh framework.
I5I1233Ineffective provisions
1
To the extent that provision included in an apprenticeship agreement conflicts with the prescribed apprenticeship provisions, it has no effect.
2
In this section, the “prescribed apprenticeship provisions”, in relation to an apprenticeship agreement, means those provisions—
a
that are included in the agreement, and
b
without the inclusion of which the agreement would not satisfy section 32(2)(b).
I6I1334Variation
1
If a variation to an apprenticeship agreement is within subsection (2), it has effect only if, before it was made, the employer complied with the requirement in subsection (3).
2
A variation to an apprenticeship agreement is within this subsection if its nature is such that, were it to take effect, the agreement would cease to be an apprenticeship agreement.
3
The employer must give the apprentice written notice stating that, if the variation takes effect, the agreement will cease to be an apprenticeship agreement.
I7I1435Status
1
To the extent that it would otherwise be treated as being a contract of apprenticeship, an apprenticeship agreement is to be treated as not being a contract of apprenticeship.
2
To the extent that it would not otherwise be treated as being a contract of service, an apprenticeship agreement is to be treated as being a contract of service.
3
This section applies for the purposes of any enactment or rule of law.
I8I1536Crown servants and Parliamentary staff
1
Sections 32 to 35 apply in relation to—
a
an agreement under which a person undertakes Crown employment,
b
an agreement under which a person undertakes service as a member of the naval, military or air forces of the Crown, and
c
an agreement under which a person undertakes employment as—
i
a relevant member of the House of Lords staff, or
ii
a relevant member of the House of Commons staff,
as they apply in relation to any other agreement under which a person undertakes to work for another.
2
Subsection (1) is subject to subsection (3) and to any modifications which may be prescribed under subsection (5).
3
Section 35(2) does not apply in relation to an apprenticeship agreement that is an agreement within paragraph (a), (b) or (c) of subsection (1).
4
Without prejudice to section 262(3), the power conferred by section 32(2)(b) may be exercised, in particular, to make provision in relation to an apprenticeship agreement which is an agreement within any of paragraphs (a), (b) and (c) of subsection (1) that differs from provision made in relation to other apprenticeship agreements.
5
Regulations may provide for any provision of this Chapter F1... to apply with modifications in relation to—
a
an agreement within paragraph (a), (b) or (c) of subsection (1), or
b
a person working, or proposing to work, under such an agreement.
6
In subsection (1)—
“Crown employment” means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by a statutory provision (but does not include service as a member of the naval, military or air forces of the Crown);
“relevant member of the House of Commons staff” has the meaning given by section 195(5) of the Employment Rights Act 1996 (c. 18);
“relevant member of the House of Lords staff” has the meaning given by section 194(6) of that Act.
Duty to participate in education or training: England
I937Duty to participate in education or training: apprenticeship agreements
1
Part 1 of the Education and Skills Act 2008 (c. 25) (duty to participate in education or training: England) is amended as follows.
2
In section 2 (duty to participate), in subsection (1)(b) after “contract of apprenticeship” insert “
or an apprenticeship agreement
”
.
3
In section 66 (interpretation of Part 1), in subsection (1)—
a
at the appropriate place insert—
“ “apprenticeship agreement” has the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009;”;
b
in the definition of “contract of employment” after “contract of apprenticeship” insert “
or an apprenticeship agreement
”
.
General
I238Apprenticeship sectors
1
F14The Welsh Ministers must by order specify sectors of skill, trade or occupation for the purposes of this Chapter.
2
The sectors specified under subsection (1) must in the opinion of F15the Welsh Ministers encompass the full range of skills, trades and occupations.
I10I3239Interpretation of Chapter
1
In this Chapter—
“apprenticeship agreement” has the meaning given by section 32(1);
“apprenticeship certificate” means a certificate issued under section F16... 7 or 8;
“apprenticeship framework” has the meaning given by section 12(1);
“apprenticeship sector” means a sector specified under section 38;
“the competencies qualification”, in relation to an apprenticeship framework, means the qualification identified in the framework as being the competencies qualification;
F17...
F17...
F17...
“recognised Welsh framework” has the meaning given by section 12(4);
F17...
“the specification of apprenticeship standards for Wales” means the specification of apprenticeship standards having effect for the time being by virtue of an order made by the Welsh Ministers under section 28 or 29;
“Welsh certifying authority”, in relation to an apprenticeship certificate of any description, has the meaning given by section 10(1);
“Welsh issuing authority”, in relation to an apprenticeship framework, has the meaning given by section 18(5).
2
References in this Chapter—
a
to the level of an apprenticeship framework, or
b
to the apprenticeship sector to which an apprenticeship framework relates,
are to be construed in accordance with section 12(5).
3
References in this Chapter to an employer and an apprentice, in relation to an apprenticeship agreement, are to be construed in accordance with section 32.
Ss. A9, A10 inserted (4.7.2016) by Enterprise Act 2016 (c. 12), ss. 24(1), 44(2)(c)