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Legislative reform

70 Power to spell out dates described in legislation

(1) A Minister of the Crown may by order made by statutory instrument—

(a) replace a reference in legislation to the commencement of a provision
5with a reference to the actual date on which the provision comes into
force;

(b) replace a reference in legislation to the date on which any other event
occurs with a reference to the actual date on which that event occurs.

(2) An order under subsection (1) may amend the legislation to include an
10explanation of the date and may make other consequential amendments to
legislation.

(3) An order under this section may not amend subordinate legislation made by
the Welsh Ministers.

(4) An order under this section may not amend provision that would be within the
15legislative competence of the Scottish Parliament if it were contained in an Act
of that Parliament.

(5) An order under this section may not amend provision that would be within the
legislative competence of the Northern Ireland Assembly if it were contained
in an Act of that Assembly, unless—

(a) 20a Bill for an Act of that Assembly containing the provision would
require the consent of the Secretary of State under section 8 of the
Northern Ireland Act 1998, and

(b) the provision does not affect, other than incidentally, a transferred
matter (within the meaning of that Act).

(6) 25In this section—

71 Ambulatory references to international shipping instruments

After section 306 of the Merchant Shipping Act 1995 insert—

306A Power to make ambulatory references to international instruments

(1) 35This section applies where—

(a) a person has power under this Act to make subordinate
legislation, and

(b) the person proposes to exercise that power to make subordinate
legislation which refers to an international instrument.

(2) 40The 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;

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(b) if the instrument is replaced by another instrument, as a
reference 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
5instrument take effect, or

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

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

(5) 10Subordinate legislation which makes ambulatory provision may make
provision as to—

(a) when 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) 15when an international instrument is to be treated as having been
replaced by another instrument for the purposes of subsection
(2)(b).

(6) In this section—

(a) “international instrument” means an international convention
20or treaty or an instrument made under such a convention or
treaty except that “international instrument” does not include
an EU instrument;

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

25Legislation no longer of practical use

72 Legislation no longer of practical use

Schedule 19 makes provision for legislation which is no longer of practical use
to cease to apply.

Exercise of regulatory functions

73 30Exercise of regulatory functions: economic growth

(1) A person exercising a regulatory function to which this section applies must,
in 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,
35consider the importance for the promotion of economic growth of exercising
the regulatory function in a way which ensures that—

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

(b) any action taken is proportionate.

74 Functions to which section 73 applies

(1) 40A Minister of the Crown may by order specify the regulatory functions to
which section 73 applies.

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

(a) any 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) 5a 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) a 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) 10a 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) An 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 a resolution of, each
15House of Parliament.

(6) In this section—

75 Guidance on duty under section 73

(1) 25A Minister of the Crown may from time to time issue guidance as to the
performance of the duty under section 73(1).

(2) The guidance may include guidance—

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

(b) 30as to how persons who have the duty may demonstrate, in a way that
is transparent and accountable, that they are complying with it.

(3) A person who has a duty under section 73(1) must have regard to any guidance
issued under subsection (1).

(4) Before issuing guidance under subsection (1), the Minister must prepare a draft
35of the guidance.

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

(a) persons who appear to be representative of persons who have a duty
under section 73;

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

(6) 40If 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 a resolution of each House of Parliament, the
Minister may issue the guidance.

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(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.

76 Sections 73 to 75: interpretation

(1) In sections 73 to 75, “regulatory function” means—

(a) 5a 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
10guidance 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) 15a 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) 20In sections 74 and 75, “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

77 25Consequential 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) 30may 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
35order 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
40repeal, revoke or otherwise amend any provision of primary legislation is
subject to annulment in pursuance of a resolution of either House of
Parliament.

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(5) In this section—

78 Financial provision

15There 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.

79 Extent

(1) Except as provided by subsections (2) and (3), a repeal, revocation or other
20amendment or modification made by this Act has the same extent as the
provision repealed, revoked or otherwise amended or modified.

(2) Paragraph 35 of Schedule 19 extends only to England and Wales and Northern
Ireland.

(3) Section 15, Parts 4 and 5 of Schedule 12 and paragraphs 31, 32, 37, 38 and 41 of
25Schedule 19 extend only to England and Wales.

(4) Sections 4, 5, 26(7) to (10) and 44(1) and (2) extend only to England and Wales.

(5) Sections 70 and 73 to 78, this section and sections 80 and 81 extend to England
and Wales, Scotland and Northern Ireland.

80 Commencement

(1) 30Sections 77 to 79, this section and section 81 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) section 13 and Schedule 4;

(b) 35section 16;

(c) section 27;

(d) section 29;

(e) section 30;

(f) sections 35 to 37;

(g) 40section 40;

(h) section 44 and Schedule 13;

(i) section 45 and Schedule 14;

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(j) section 56;

(k) section 65 to 68;

(l) section 69 and Schedule 18;

(m) sections 70 and 71;

(n) 5section 72 and Schedule 19 other than paragraphs 31, 32 and 37 of that
Schedule;

(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) 10in Schedule 12, Parts 1, 2 and 4.

(3) Where 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.

(4) Part 3 of Schedule 1 comes into force on such day as the Welsh Ministers may
15by 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) The Welsh Ministers may by order made by statutory instrument make such
transitional, transitory or saving provision as they consider appropriate in
20connection 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
appropriate in connection with the coming into force of any provision of this
Act.

(8) 25Any power to make an order under subsections (4) to (7) includes power to
make different provision for different purposes.

81 Short title

This 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 publish standards for such sectors of
10work as the Secretary of State thinks appropriate for the purposes of
this Chapter.

(2) Each standard must be—

(a) prepared by the Secretary of State, or

(b) prepared by another person and approved by the Secretary of
15State.

(3) 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
kind of work within that sector to which it relates.

(4) 20Each standard must set out the outcomes that persons seeking to
complete an approved English apprenticeship are expected to
achieve.

(5) The Secretary of State may—

(a) publish a revised version of a standard, or

(b) 25withdraw a standard (with or without publishing another in
its place).

(6) Revisions of a standard may be—

(a) prepared by the Secretary of State, or

(b) prepared by another person and approved by the Secretary of
30State.

A3 Power to issue apprenticeship certificate

(1) The Secretary of State may issue a certificate (“an apprenticeship
certificate”) to a person who applies for it if it appears to the
Secretary of State that the person has completed an approved
35English apprenticeship.

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

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

(b) the supply by the Secretary of State of copies of
40apprenticeship 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
certificate or supplying a copy only if, and to the extent that, the
charging of the fee is authorised by regulations.

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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
5to make regulations.

(3) A person designated under this section must—

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

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

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

A5 10English 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
be treated as not being a contract of apprenticeship.

(2) To the extent that it would not otherwise be treated as being a
15contract 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 English apprenticeship agreements: supplementary provision

(1) If an agreement—

(a) 20contains provision which satisfies the conditions mentioned
in section A1(3)(a) to (c), but

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

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

(2) 25Before 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
is working must give the apprentice a written notice.

(3) The written notice must explain that, if the variation takes effect, the
30agreement will cease to be an approved English apprenticeship
agreement.

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

A7 Crown servants and parliamentary staff

(1) 35Section A1(3) applies 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) 40an 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,

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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) 5Section 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
A1(3)(c) may be exercised, in particular, to make provision in
10relation 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
of this Chapter to apply with modifications in relation to—

(a) 15an 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)—

2 (1) 30Section 100 of the Apprenticeships, Skills, Children and Learning Act 2009
(provision of financial resources) is amended as follows.

(2) In subsection (1), after “financial resources” insert “under this subsection”.

(3) After subsection (1) insert—

(1A) The Secretary of State may secure the provision of financial resources
35to any person under this subsection (whether or not the resources
could be secured under subsection (1))—

(a) for the purpose of encouraging the provision of opportunities
for individuals to complete approved English
apprenticeships or to undertake work following the
40completion of such apprenticeships, or

(b) otherwise in connection with approved English
apprenticeships.

(4) In subsection (3), after “subsection (1)” insert “or (1A)”.

(5) In subsection (4), after “subsection (1)(c)” insert “or (1A)”.

3 (1) 45Section 101 of that Act (financial resources: conditions) is amended as
follows.

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