(2) The power may be exercised so as to have the effect that the reference
to the instrument is construed—

(a) as a reference to the instrument as modified from time to time;

(b) if the instrument is replaced by another instrument, as a
5reference to that other instrument.

(3) For the purposes of subsection (2)(a), an instrument is modified if—

(a) omissions, additions or other alterations to the text of the
instrument take effect, or

(b) supplementary provision made under the instrument takes
10effect.

(4) In this section, provision included in subordinate legislation by virtue
of subsection (2) is referred to as ambulatory provision.

(5) Subordinate legislation which makes ambulatory provision may make
provision as to—

(a) 15when a modification of an international instrument is to be
treated as taking effect for the purposes of subsection (2)(a)
(read with subsection (3));

(b) when an international instrument is to be treated as having been
replaced by another instrument for the purposes of subsection
20(2)(b).

(6) In this section—

(a) “international instrument” means an international convention
or treaty or an instrument made under such a convention or
treaty except that “international instrument” does not include
25an EU instrument;

(b) “subordinate legislation” has the same meaning as in the
Interpretation Act 1978.”

Legislation no longer of practical use

60 Legislation no longer of practical use

30Schedule 17 makes provision for legislation which is no longer of practical use
to cease to apply.

Exercise of regulatory functions

61 Exercise of regulatory functions: economic growth

(1) A person exercising a regulatory function to which this section applies must,
35in the exercise of the function, have regard to the desirability of promoting
economic growth.

(2) In performing the duty under subsection (1), the person must, in particular,
consider the importance for the promotion of economic growth of exercising
the regulatory function in a way which ensures that—

(a) 40regulatory action is taken only when it is needed, and

(b) any action taken is proportionate.

62 Functions to which section 61 applies

(1) A Minister of the Crown may by order specify the regulatory functions to
which section 61 applies.

(2) Before making an order under subsection (1), the Minister must consult—

(a) 5any person exercising functions to be specified in the order, and

(b) such other persons as the Minister considers appropriate.

(3) An order under this section may not specify—

(a) a regulatory function so far as exercisable in Scotland, if or to the extent
that the function relates to matters which are not reserved matters;

(b) 10a regulatory function so far as exercisable in Northern Ireland, if or to
the extent that the function relates to matters which are transferred
matters;

(c) a regulatory function so far as exercisable in Wales, if or to the extent
that the function relates to matters which are devolved Welsh matters.

(4) 15An order under this section must be made by statutory instrument.

(5) A statutory instrument containing an order under this section may not be
made unless a draft has been laid before, and approved by resolution of, each
House of Parliament.

(6) In this section—

• 20“devolved Welsh matter” means a matter within the legislative
  competence of the National Assembly for Wales;

• “reserved matter” and “Scotland” have the same meanings as in the
  Scotland Act 1998;

• “transferred matter” and “Northern Ireland” have the same meanings as
  25in the Northern Ireland Act 1998;

• “Wales” has the same meaning as in the Government of Wales Act 2006.

63 Guidance on duty under section 61

(1) A Minister of the Crown may from time to time issue guidance as to the
performance of the duty under section 61(1).

(2) 30The guidance may include guidance—

(a) as to the ways in which regulatory functions may be exercised so as to
promote economic growth;

(b) as to how persons who have the duty may demonstrate, in a way that
is transparent and accountable, that they are complying with it.

(3) 35A person who has a duty under section 61(1) must have regard to any guidance
issued under subsection (1).

(4) Before issuing guidance under subsection (1), the Minister must prepare a draft
of the guidance.

(5) The Minister must then consult the following about the draft—

(a) 40persons who appear to be representative of persons who have a duty
under section 61;

(b) such other persons as the Minister considers appropriate.

(6) If the Minister decides to proceed with issuing the guidance (either in its
original form or with modifications), the Minister must lay the draft before
Parliament.

(7) Where the draft is approved by resolution of each House of Parliament, the
5Minister may issue the guidance.

(8) Guidance issued under subsection (1) is to come into force on such date as the
Minister may by order made by statutory instrument appoint.

64 Sections 61 to 63: interpretation

(1) In sections 61 to 63, “regulatory function” means—

(a) 10a function under or by virtue of an Act or subordinate legislation of
imposing requirements, restrictions or conditions, or setting standards
or giving guidance, in relation to an activity, or

(b) a function which relates to the securing of compliance with, or the
enforcement of, requirements, restrictions, conditions, standards or
15guidance which, under or by virtue of an Act or subordinate legislation,
relate to an activity.

(2) In subsection (1)(a) and (b) the references to a function—

(a) include a function exercisable by or on behalf of the Crown;

(b) do not include—

(i) 20a function of instituting or conducting criminal proceedings;

(ii) a function of conducting civil proceedings.

(3) In subsection (1)(a) and (b) the references to an activity include—

(a) providing goods and services, and

(b) employing or offering employment to a person.

(4) 25In sections 62 and 63, “Minister of the Crown” has the same meaning as in the
Ministers of the Crown Act 1975.

(5) In this section, “subordinate legislation” has the same meaning as in the
Interpretation Act 1978.

General

65 30Consequential amendments, repeals and revocations

(1) The Secretary of State may by order made by statutory instrument make such
provision as the Secretary of State considers appropriate in consequence of this
Act.

(2) An order under subsection (1)—

(a) 35may include transitional, transitory or saving provision;

(b) may repeal, revoke or otherwise amend or modify any provision of
primary or subordinate legislation (including legislation passed or
made in the same Session as this Act).

(3) A statutory instrument containing (whether alone or with other provision) an
40order under this section which repeals, revokes or otherwise amends any
provision of primary legislation is not to be made unless a draft of the

instrument has been laid before, and approved by a resolution of, each House
of Parliament.

(4) A statutory instrument containing an order under this section which does not
repeal, revoke or otherwise amend any provision of primary legislation is
5subject to annulment in pursuance of a resolution of either House of
Parliament.

(5) In this section—

• “primary legislation” means—

  (a)

  an Act;

  (b)

  10an Act of the Scottish Parliament;

  (c)

  a Measure or Act of the National Assembly for Wales;

  (d)

  Northern Ireland legislation;

• “subordinate legislation” means—

  (a)

  subordinate legislation within the meaning of the Interpretation
  15Act 1978;

  (b)

  an instrument made under an Act of the Scottish Parliament;

  (c)

  an instrument made under a Measure or Act of the National
  Assembly for Wales;

  (d)

  an instrument made under Northern Ireland legislation.

66 20Financial provision

There is to be paid out of money provided by Parliament any increase
attributable to this Act in the sums payable under any other Act out of money
so provided.

67 Extent

(1) 25Except as provided by subsections (2) and (3), a repeal, revocation or other
amendment or modification made by this Act has the same extent as the
provision repealed, revoked or otherwise amended or modified.

(2) Paragraph 26 of Schedule 17 extends only to England and Wales and Northern
Ireland.

(3) 30Section 8, Parts 4 and 5 of Schedule 11 and paragraphs 27 and 29 of Schedule
17 extend only to England and Wales.

(4) Sections 4, 19(7) to (10) and 35(1) and (2) extend only to England and Wales.

(5) Sections 58 and 61 to 66, this section and sections 68 and 69 extend to England
and Wales, Scotland and Northern Ireland.

68 35Commencement

(1) Sections 65 to 67, this section and section 69 come into force on the day on
which this Act is passed.

(2) The following provisions come into force at the end of the period of 2 months
beginning with the day on which this Act is passed—

(a) 40section 9;

(b) section 20;

(c) section 22;

(d) sections 26 to 28;

(e) section 31;

(f) section 35 and Schedule 12;

(g) section 36 and Schedule 13;

(h) 5section 44;

(i) section 53 to 56;

(j) section 57 and Schedule 16;

(k) sections 58 and 59;

(l) section 60 and Schedule 17;

(m) 10in Schedule 5, paragraph 5 and Parts 7 and 8;

(n) in Schedule 8, Parts 3 and 4;

(o) in Schedule 9, Part 2;

(p) in Schedule 11, Parts 1, 2 and 4.

(3) Where a provision of a Schedule comes into force in accordance with
15subsection (2)(m) to (p), the section to which that Schedule relates comes into
force (so far as relating to that provision) at the same time.

(4) Part 3 of Schedule 1 comes into force on such day as the Welsh Ministers may
by order made by statutory instrument appoint.

(5) The remaining provisions of this Act come into force on such day as the
20Secretary of State may by order made by statutory instrument appoint.

(6) The Welsh Ministers may by order made by statutory instrument make such
transitional, transitory or saving provision as they consider appropriate in
connection with the coming into force of Part 3 of Schedule 1.

(7) The Secretary of State may by order made by statutory instrument make such
25transitional, transitory or saving provision as the Secretary of State considers
appropriate in connection with the coming into force of any provision of this
Act.

(8) Any power to make an order under subsections (4) to (7) includes power to
make different provision for different purposes.

69 30Short title

This Act may be cited as the Deregulation Act 2014.

SCHEDULES

Section 3

SCHEDULE 1 Approved English apprenticeships

Part 1 5Main amendments

1 In Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009
(apprenticeships, study and training), before Chapter 1 insert—

“CHAPTER A1 Apprenticeships: England

A1 Meaning of “approved English apprenticeship” etc

(1) 10This section applies for the purposes of this Chapter.

(2) An approved English apprenticeship is an arrangement which—

(a) takes place under an approved English apprenticeship
agreement, or

(b) is an alternative English apprenticeship,

15and, in either case, satisfies any conditions specified in regulations
made by the Secretary of State.

(3) An approved English apprenticeship agreement is an agreement
which—

(a) provides for a person (“the apprentice”) to work for another
20person for reward in a sector for which the Secretary of State
has published an approved apprenticeship standard under
section A2,

(b) provides for the apprentice to receive training in order to
assist the apprentice to achieve the approved apprenticeship
25standard in the work done under the agreement, and

(c) satisfies any other conditions specified in regulations made
by the Secretary of State.

(4) An alternative English apprenticeship is an arrangement, under
which a person works, which is of a kind described in regulations
30made by the Secretary of State.

(5) Regulations under subsection (4) may, for example, describe
arrangements which relate to cases where a person—

(a) works otherwise than for another person;

(b) works otherwise than for reward.

(6) A person completes an approved English apprenticeship if the
person achieves the approved apprenticeship standard while doing
an approved English apprenticeship.

(7) The “approved apprenticeship standard”, in relation to an approved
5English apprenticeship, means the standard which applies in
relation to the work to be done under the apprenticeship (see section
A2).

A2 Approved apprenticeship standards

(1) The Secretary of State must prepare and publish standards for such
10sectors of work as the Secretary of State thinks appropriate for the
purposes of this Chapter.

(2) Each standard must—

(a) describe the sector of work to which it relates, and

(b) if there is more than one standard for that sector, describe the
15kind of work within that sector to which it relates.

(3) Each standard must set out the outcomes that persons seeking to
complete an approved English apprenticeship are expected to
achieve.

(4) The Secretary of State—

(a) 20may revise or revoke a standard (with or without replacing
it), and

(b) if the Secretary of State revises or replaces a standard, the
Secretary of State must publish the standard as revised or
replaced.

(5) 25Employers, or representatives of employers, may make proposals to
the Secretary of State as to the content of a standard (including
proposals for its revision, revocation or replacement).

A3 Power to issue apprenticeship certificate

(1) The Secretary of State may issue a certificate (“an apprenticeship
30certificate”) to a person who applies for it if it appears to the
Secretary of State that the person has completed an approved
English apprenticeship.

(2) The Secretary of State may by regulations make provision about—

(a) the manner in which applications under subsection (1) must
35be made;

(b) the supply by the Secretary of State of copies of
apprenticeship certificates issued under that subsection to
persons to whom they were issued.

(3) The Secretary of State may charge a fee for issuing an apprenticeship
40certificate or supplying a copy only if, and to the extent that, the
charging of the fee is authorised by regulations.

A4 Delegation

(1) Any function of the Secretary of State under this Chapter may be
carried out by a person designated by the Secretary of State.

(2) Subsection (1) does not apply to any power of the Secretary of State
to make regulations.

(3) A person designated under this section must—

(a) comply with directions given by the Secretary of State, and

(b) 5have regard to guidance given by the Secretary of State.

(4) A designation under this section may be revoked.

A5 English apprenticeship agreements: status

(1) To the extent that it would otherwise be treated as being a contract of
apprenticeship, an approved English apprenticeship agreement is to
10be 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 approved English 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.

A6 15English apprenticeship agreements: supplementary provision

(1) If an agreement—

(a) contains provision which satisfies the conditions mentioned
in section A1(3)(a) to (c), but

(b) also contains other provision which is inconsistent with those
20conditions,

the other provision is to be treated as having no effect.

(2) Before an agreement which satisfies the conditions mentioned in
section A1(3)(a) to (c) is varied in such a way that it no longer satisfies
one or more of those conditions, the person for whom the apprentice
25is working must give the apprentice a written notice.

(3) The written notice must explain that, if the variation takes effect, the
agreement will cease to be an approved English apprenticeship
agreement.

(4) If an agreement is varied in breach of the requirement under
30subsection (2), the variation has no effect.

A7 Crown servants and parliamentary staff

(1) Section A1(3) applies in relation to—

(a) an agreement under which a person undertakes Crown
employment,

(b) 35an 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) 40a relevant member of the House of Commons staff,

as it applies in relation to any other agreement under which a person
is to work for another (and this Chapter applies accordingly).

(2) Subsection (1) is subject to subsection (3) and to any modifications
which may be prescribed under subsection (5).

(3) Section A5(2) does not apply in relation to an approved English
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
5A1(3)(c) may be exercised, in particular, to make provision in
relation to an agreement within any of paragraphs (a), (b) and (c) of
subsection (1) that differs from provision made in relation to other
agreements under which a person is to work for another.

(5) The Secretary of State may by regulations provide for any provision
10of this Chapter 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) 15In subsection (1)—

• “Crown employment” means employment under or for the
  purposes of a government department or an officer or body
  exercising on behalf of the Crown functions conferred by a
  statutory provision (but does not include service as a member
  20of 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;

• “relevant member of the House of Lords staff” has the meaning
  25given by section 194(6) of that Act.”

Part 2 Consequential amendments

2 In consequence of the amendments made by Part 1 of this Schedule, the
Apprenticeships, Skills, Children and Learning Act 2009 is further amended
30as follows.

Amendments of Part 1

3 For the title of Chapter 1, substitute “Apprenticeships: Wales”.

4 Omit section 1, and the italic cross-heading before it.

5 Omit sections 3 to 6, and the italic cross-heading before them.

6 35In section 11—

(a) in subsection (2), for “the appropriate national authority” substitute
“the Welsh Ministers”;

(b) omit subsection (3);

(c) in the italic cross-heading before that section, omit “England and”.

7 40In section 12—

(a) omit subsection (3);

(b) in the italic cross-heading before that section, omit “England and”.

8 Omit sections 13 to 17, and the italic cross-heading before them.

9 Omit sections 23 to 27, and the italic cross-heading before them.

10 In the italic cross-heading before sections 32 to 39, omit “England and”.

11 In section 32, omit subsection (6)(a), and the “or” following it.

12 In section 38—

(a) 5in subsection (1), for “The Secretary of State” substitute “The Welsh
Ministers”;

(b) in subsection (2), for “the Secretary of State” substitute “the Welsh
Ministers”.

13 In section 39, in subsection (1)—

(a) 10in the definition of “apprenticeship certificate”, omit “3, 4,”;

(b) omit the definitions of “English certifying authority”, “English
issuing authority”, “recognised English framework” and “the
specification of apprenticeship standards for England”.

Other amendments of the 2009 Act

14 15In section 83, in subsection (5), for paragraphs (a) to (c) substitute—

“(a) an approved English apprenticeship, or

(b) any contract of employment (other than an approved English
apprenticeship agreement).”

15 In section 83A—

(a) 20in subsection (3), for the words from “opportunity to” to the end of
the subsection substitute “opportunity to enter into an approved
English apprenticeship.”;

(b) omit subsection (11).

16 (1) Section 83B is amended as follows.

(2) 25In subsection (1), for the words from “at a particular level” to the end of the
subsection substitute “for the purpose of assisting a person to achieve a
particular approved apprenticeship standard if the person—

(a) has already completed an approved English apprenticeship by
achieving that standard,

(b) 30has already completed an approved English apprenticeship by
achieving another standard and, in doing so, appears to the Secretary
of State to have demonstrated a comparable level of achievement
(whether or not in the same sector of work), or

(c) has worked under another arrangement and, in doing so, appears to
35the Secretary of State to have demonstrated a comparable level of
achievement (whether or not in the same sector of work).”

(3) After that subsection insert—

“(1A) Section A1(6) and (7) (which make provision about when a person
completes an approved English apprenticeship and about the
40meaning of “approved apprenticeship standard”) apply for the
purposes of subsection (1).”

(4) Omit subsections (2) to (5).

17 In section 90, in subsection (2), for paragraphs (a) and (b) substitute—

“(a) an approved English apprenticeship, or