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Deregulation BillPage 50

75 Financial 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.

76 5Extent

(1) Except 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provision repealed, revoked or otherwise amended or modified.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 31 of Schedule 18 extends only to England and Wales and Northern
10Ireland.

(3) Section 13, Parts 4 and 5 of Schedule 12 and paragraphs 27, 28, 32, 33 and 35 of
Schedule 18 extend only to England and Wales.

(4) Sections 4, 24(7) to (10) and 42(1) and (2) extend only to England and Wales.

(5) Sections 67 and 70 to 75, this section and sections 77 and 78 extend to England
15and Wales, Scotland and Northern Ireland.

77 Commencement

(1) Sections 74 to 76, this section and section 78 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
20beginning with the day on which this Act is passed—

(a) section 11 and Schedule 4;

(b) section 14;

(c) section 25;

(d) section 27;

(e) 25section 28;

(f) sections 33 to 35;

(g) section 38;

(h) section 42 and Schedule 13;

(i) section 43 and Schedule 14;

(j) 30section 53;

(k) section 62 to 65;

(l) section 66 and Schedule 17;

(m) sections 67 and 68;

(n) section 69 and Schedule 18 other than paragraphs 27, 28 and 32 of that
35Schedule;

(o) in Schedule 6, paragraph 5 and Parts 7 and 8;

(p) in Schedule 9, Parts 3 and 4;

(q) in Schedule 10, Part 2;

(r) in Schedule 12, Parts 1, 2 and 4.

(3) 40Where a provision of a Schedule comes into force in accordance with
subsection (2)(o) to (r), the section to which that Schedule relates comes into
force (so far as relating to that provision) at the same time.

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(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
Secretary of State may by order made by statutory instrument appoint.

(6) 5The 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
transitional, transitory or saving provision as the Secretary of State considers
10appropriate 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.

78 Short title

15This Act may be cited as the Deregulation Act 2014.

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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.

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(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.

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(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).

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(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)—

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.

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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

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(b) any contract of employment (other than an approved English
apprenticeship agreement) in connection with which training
is provided.

18 Omit section 105.

19 5In section 121, in subsection (1)—

(a) omit the definition of “apprenticeship agreement”;

(b) after the definition of “apprenticeship training” insert—

20 10In section 267, in subsection (2), for “Chapter 1” substitute “Chapter A1”.

Part 3 Apprenticeships: Wales

21 Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009 is
amended as follows.

22 (1) 15Section 18 (Welsh issuing authority) is amended as follows.

(2) For subsection (2) substitute—

(2) 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
20particular apprenticeship sector.

(3) For subsection (5) substitute—

(5) 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
25frameworks of that description;

(b) if there is no-one so designated, the Welsh Ministers.

23 In section 19 (issue: Wales), in subsection (2)—

(a) after “withdrawn” insert “by the Welsh issuing authority”;

(b) omit paragraphs (a) and (b).

24 (1) 30Section 20 (recognised Welsh frameworks: notification and publication) is
amended as follows.

(2) In subsection (1)(b), at the beginning insert “if the issuing authority is not the
Welsh Ministers,”.

(3) In subsection (3)—

(a) 35for “A person who” substitute “A Welsh issuing authority which”;

(b) in paragraph (b), for “in the case of withdrawal otherwise than by the
Welsh Ministers,” substitute “in the case where the issuing authority
are not the Welsh Ministers,”.

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Section 6

SCHEDULE 2 Driving instructors

Part 1 Amendments of Part 5 RTA 1988 (as amended by RSA 2006)

1 5Part 5 of the Road Traffic Act 1988 (driving instruction), as amended by
Schedule 6 to the Road Safety Act 2006, is amended as follows.

2 In section 124 (exemption from prohibitions imposed by section 123)—

(a) in subsection (3), for “in particular, consist of” substitute “in
particular—

(a) 10include the circumstance that a person holds a current
emergency control certificate (and authorise the
person to apply to undergo an emergency control
assessment for the purpose of obtaining such a
certificate);

(b) 15consist of;

(b) after subsection (5) insert—

(6) In this Part “emergency control assessment” and “emergency
control certificate” mean an assessment and a certificate
under section 133A of this Act.

3 (1) 20Section 125 (register) is amended as follows.

(2) After subsection (3) insert—

(3A) If an applicant is aware that he is suffering from a relevant or
prospective disability, his application under subsection (2) must be
accompanied by written notification of the nature and extent of his
25disability.

(3B) Any person who fails without reasonable excuse to comply with the
requirement imposed by subsection (3A) is guilty of an offence.

(3C) The Registrar may, in the circumstances mentioned in subsection
(3D), require an applicant to submit himself for an emergency
30control assessment (whether or not the applicant already holds an
emergency control certificate) in connection with his application
under subsection (2).

(3D) Those circumstances are that the Registrar has reasonable grounds
for believing that the applicant would be unable to take control of a
35motor vehicle of the class in which instruction is to be given if an
emergency arose while he was giving driving instruction in such a
motor vehicle.

(3) After subsection (5) insert—

(5A) In this Part “disability”, in respect of motor vehicles of any
40description, means a want of physical ability affecting the driving of
motor vehicles of that description; and

(a) “relevant disability”, in relation to a person, means any
prescribed disability or any other disability likely to cause the

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driving of a vehicle of the description in question by him to
be a source of danger to the public;

(b) “prospective disability”, in relation to a person, means any
other disability which, at the material time, is not of such a
5kind that it is a relevant disability but, by virtue of the
intermittent or progressive nature of the disability or
otherwise, may become a relevant disability in the course of
time.

(4) Omit subsection (6).

4 (1) 10Section 125ZA (conditions of registration) is amended as follows.

(2) In subsection (2)—

(a) omit the “and” at the end of paragraph (b);

(b) after paragraph (c) insert , and

(d) in the case of persons who have been required under
15section 125(3C) to submit themselves for emergency
control assessments, conditions requiring the persons
to hold current emergency control certificates.

(3) In subsection (4)—

(a) after paragraph (b) insert—

(ba) 20conditions requiring the persons, if at any time
required to do so by the Registrar in the
circumstances mentioned in section 125(3D), to
submit themselves for emergency control
assessments (whether or not they already hold
25emergency control certificates) on such days (within
such periods as may be prescribed) and at such places
as may be specified by the Registrar,

(bb) conditions requiring the persons to hold an
emergency control certificate following any such
30assessment,;

(b) in paragraph (c), for “and (c)” substitute “, (c) and (d)”;

(c) omit the “and” at the end of paragraph (c);

(d) after paragraph (c) insert—

(ca) conditions requiring that, if instruction in the driving
35of a motor vehicle is to be given in circumstances
where there is a reasonable expectation of an
emergency arising which necessitates the instructor
taking control of the vehicle, the persons will only
give such instruction if they would be able to take
40control of the vehicle if such an emergency arose
while giving the instruction, and.

5 Omit sections 125A and 125B (registration of disabled persons and
supplementary provision).

6 In section 126 (duration of registration), omit subsection (5).

7 45In section 127 (extension of duration of registration), in subsection (4)—

(a) omit paragraph (a) and the “and” following it;

(b) in paragraph (b), omit “in any other case,”.

8 In section 128 (termination of registration by Registrar), in subsection (2)—

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