A
BILL
TO
Require certain public procurement contracts let by public authorities to
include a commitment by the contractor to provide apprenticeships and skills
training; and for connected purposes.
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:—
1 Interpretation
In this Act—
-
“advanced apprentice” is a person studying under the Government
arrangements known as Advanced Apprenticeships; -
5“apprentice” has the meaning given in section 32 of the Apprenticeships,
Skills, Children and Learning Act 2009; -
“public authority” means any body or person discharging functions of a
public nature, including local authorities; -
“relevant contract” means a contract which—
(a)10exceeds a total value of £1 million, and
(b)is issued by a public authority.
-
“relevant OGC guidelines” include guidance issued by the Office of
Government Commerce “Promoting skills through public procurement
2009” -
15“workforce” means—
(a)full-time employees,
(b)part-time employees,
(c)casual workers,
(d)directly employed workers, and
(e)20sub-contracted workers.
2 Apprenticeships requirements
(1)
When a public authority (“an authority”) prepares to issue a relevant contract
the authority must—
Apprenticeships and Skills (Public Procurement Contracts) BillPage 2
(a) give due consideration to the relevant OGC guidelines, and
(b)
ensure that the provisions in the OGC guidelines relating to
apprenticeships and skills training are reflected in that contract, where
relevant.
(2) 5An authority issuing a contract under subsection (1)—
(a)
may require that a minimum proportion of the apprentices employed
by the contractor are advanced apprentices, and
(b)
may include provisions relating to Apprenticeship Training Agencies
in that contract.
3 10Provision of skills training
(1)
A relevant contract must require the contractor to make continuous skills
training available to all members of the workforce. This training must consist
of—
(a) a nationally accredited scheme, and
(b)
15a total equivalent to not less than one hour of training each week to
every member of the workforce for the lifetime of the contract.
(2)
A relevant contract must provide that the total value of the skills training to be
provided under subsection (1) is a minimum of 1% of the total value of the
contract.
4 20Advertisement of workforce vacancies
A relevant contract must require the contractor to—
(a)
advertise all vacancies for members of the workforce in all job centres
in the local authority area in which the main site relating to the relevant
contract is situated, and in all job centres in neighbouring local
25authority areas, and
(b) include in these advertisements details of the training on offer.
5 Short title, commencement and extent
(1)
This Act may be cited as the Apprenticeships and Skills (Public Procurement
Contracts) Act 2011.
(2)
30This Act comes into force at the end of the period of 12 months beginning with
the day on which it is passed.
(3) This Act extends to England and Wales.