Enterprise Bill (HC Bill 142)

A2I Transfer of copyright in standards and assessment plans

(1) This section applies where—

(a) a standard or assessment plan is approved by the IfA under
section A2A, and

(b) 5a person (other than the IfA) is entitled, immediately before
the time the approval is given, to any right or interest in any
copyright in the standard or plan.

(2) The right or interest is, by virtue of this section, transferred from that
person to the IfA at the time the approval is given.

(3) 10The IfA must ensure that a standard or assessment plan in relation to
which a right or interest has transferred by virtue of subsection (2) is
made available to the public, subject to any conditions that the IfA
considers appropriate.”

6 (1) Section A3 (power to issue apprenticeship certificate) is amended as follows.

(2) 15In subsection (1) for “to” substitute “in respect of”.

(3) In subsection (2), for paragraph (b) substitute—

“(b) the supply by the Secretary of State of apprenticeship
certificates issued under that subsection, and copies of those
certificates, to—

(i) 20persons in respect of whom they were issued;

(ii) persons for whom those persons work or have
worked under approved English apprenticeship
agreements to which the certificates relate.”

7 In section 122 (sharing of information for education and training
25purposes)—

(a) in subsection (3) (persons who may provide and receive
information), after paragraph (f) insert—

“(g) the IfA.”;

(b) in subsection (5) (functions for the purposes of which information
30may be provided)—

(i) omit the “or” at the end of paragraph (b), and

(ii) after paragraph (b) insert—

“(ba) any function of the IfA, or”.

8 In section 262(6) (orders and regulations subject to affirmative procedure)
35before paragraph (ab) insert—

“(aab) regulations under section ZA5;”

9 Before Schedule 1 insert—

““Schedule A1 the Institute for Apprenticeships

Status

1 40The IfA is to perform its functions on behalf of the Crown.

Membership

2 (1) The IfA is to consist of—

(a) a member appointed by the Secretary of State to chair the
IfA (“the chair”);

(b) 5the chief executive appointed in accordance with
paragraph 5;

(c) at least 4 and no more than 10 other members appointed by
the Secretary of State.

(2) The chair and members appointed under sub-paragraph (1)(c) are
10referred to in this Schedule as the “non-executive members”.

Tenure of non-executive members

3 (1) The non-executive members hold and vacate office in accordance
with the terms of their appointment.

(2) Those terms are to be determined by the Secretary of State, subject
15to the following provisions of this Schedule.

(3) A non-executive member must not be appointed for a term of
more than five years.

(4) A non-executive member may resign from office at any time by
giving written notice to the Secretary of State.

(5) 20The Secretary of State may remove a non-executive member from
office on either of the following grounds—

(a) inability or unfitness to carry out the duties of office;

(b) absence from the IfA’s meetings for a continuous period of
more than 6 months without the IfA’s permission.

(6) 25The previous appointment of a person as a non-executive member
does not affect the person’s eligibility for re-appointment.

Remuneration of non-executive members

4 (1) The IfA must, if the Secretary of State requires it to do so, pay
remuneration, allowances and expenses to its non-executive
30members.

(2) The IfA must, if the Secretary of State requires it to do so, pay, or
make provision for the payment of, a pension, allowances or
gratuities to or in respect of a person who is or has been a non-
executive member.

(3) 35If a person ceases to be a non-executive member of the IfA and the
Secretary of State decides that the person should be compensated
because of special circumstances, the IfA must pay compensation
to the person.

(4) The amount of a payment under sub-paragraph (1), (2) or (3) is to
40be determined by the Secretary of State.

(5) Service as a non-executive member is one of the kinds of service to
which a scheme under section 1 of the Superannuation Act 1972

(superannuation schemes as respects civil servants etc) can apply
(see Schedule 1 to that Act).

(6) The IfA must pay to the Minister for the Civil Service, at such
times as the Minister may direct, such sums as the Minister may
5determine in respect of any increase attributable to the provision
of pensions, allowances or gratuities under section 1 of the
Superannuation Act 1972 payable to or in respect of non-executive
members in the sums payable out of money provided by
Parliament under the Superannuation Act 1972.

10Chief executive and other staff

5 (1) The first chief executive is to be appointed by the Secretary of State
on conditions of service determined by the Secretary of State, after
consulting the chair.

(2) Subsequent chief executives are to be appointed by the IfA after
15consulting the Secretary of State.

(3) The chief executive must not be appointed for a term of more than
five years.

(4) The previous appointment of a person as chief executive does not
affect the person’s eligibility for re-appointment.

(5) 20The chief executive holds that office as a member of staff of the IfA.

(6) The IfA may appoint other members of staff.

(7) Service as a member of staff of the IfA is employment in the civil
service of the State.

(8) The following are to be determined by the IfA with the approval
25of the Secretary of State—

(a) the number of members of staff of the IfA (in addition to
the chief executive);

(b) the conditions of service of staff of the IfA.

(9) Sub-paragraph (8)(b) is subject to sub-paragraph (1).

30Arrangements with Secretary of State

6 The Secretary of State and the IfA may enter into arrangements
with each other for the provision to the IfA by the Secretary of
State, on such terms as may be agreed, of staff, accommodation or
services.

35Committees

7 (1) The IfA may establish committees, and any committee established
by the IfA may establish sub-committees.

(2) The IfA may—

(a) dissolve a sub-committee established under sub-
40paragraph (1), or

(b) alter the purposes for which such a sub-committee is
established.

(3) In this Schedule a committee or sub-committee established under
sub-paragraph (1) is referred to as an “IfA committee”.

(4) An IfA committee must include at least two persons who are
members of the IfA or its staff.

(5) 5The IfA may, with the approval of the Secretary of State, arrange
for the payment of remuneration, allowances and expenses to any
person who—

(a) is a member of an IfA committee, but

(b) is not a member of the IfA or its staff.

(6) 10The IfA must, if directed to do so by the Secretary of State,
review—

(a) the structure of IfA committees, and

(b) the scope of the activities of each IfA committee.

Procedure

8 (1) 15The IfA may regulate—

(a) its own proceedings (including quorum), and

(b) the procedure (including quorum) of IfA committees.

(2) The validity of proceedings of the IfA, or of an IfA committee, is
not affected by—

(a) 20a vacancy;

(b) a defective appointment.

Exercise of functions

9 (1) Subject to sub-paragraphs (2) and (3), the IfA may authorise any of
the following to exercise functions on its behalf—

(a) 25a member of the IfA;

(b) a member of the IfA’s staff;

(c) an IfA committee;

(d) any other person.

(2) The IfA may not authorise any of the functions under sections A2,
30A2A and A2E to A2I to be exercised on its behalf—

(a) under sub-paragraph (1)(c), by a committee a majority of
the members of which are not members of the IfA’s staff, or

(b) under sub-paragraph (1)(d).

(3) The IfA may authorise the exercise on its behalf of functions that
35have been—

(a) delegated to the IfA by directions under section ZA4, or

(b) conferred on the IfA by regulations under section ZA5,

only if and to the extent that the directions or regulations so
provide.

40Supplementary powers

10 (1) The IfA may—

(a) provide information or advice to any person in connection
with any of the IfA’s functions;

(b) co-operate or work jointly with any person where it is
appropriate to do so for the efficient and effective
5performance of any of the IfA’s functions;

(c) carry out research for the purposes of, or in connection
with, the IfA’s functions;

(d) do anything else that the IfA considers necessary or
appropriate for the purposes of, or in connection with, its
10functions.

(2) The power in sub-paragraph (1)(d) is subject to any restrictions
imposed by or under any provision of any Act.

(3) The IfA may not borrow money.

(4) The IfA may not, without the consent of the Secretary of State—

(a) 15lend money,

(b) form, participate in forming or invest in a company, or

(c) form, participate in forming or otherwise become a
member of a charitable incorporated organisation (within
the meaning of section 69A of the Charities Act 1993).

(5) 20In sub-paragraph (4) the reference to investing in a company
includes a reference to becoming a member of the company and to
investing in it by the acquisition of any assets, securities or rights
or otherwise.

Accounts and reports

11 (1) 25The IfA must—

(a) keep proper accounts and proper records in relation to its
accounts, and

(b) prepare in respect of each financial year a statement of
accounts.

(2) 30Each statement of accounts must comply with any directions
given by the Secretary of State as to—

(a) the information to be contained in it,

(b) the manner in which such information is to be presented,
or

(c) 35the methods and principles according to which the
statement is to be prepared.

(3) The IfA must send a copy of each statement of accounts to—

(a) the Secretary of State, and

(b) the Comptroller and Auditor General,

40before the end of the month of August following the financial year
to which the statement relates.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on each statement of accounts,
and

(b) 45send a copy of each report and certified statement to the
Secretary of State.

(5) The Secretary of State must lay before Parliament—

(a) a copy of each statement sent to the Secretary of State
under sub-paragraph (3), and

(b) a copy of each report and certified statement sent to the
5Secretary of State under sub-paragraph (4).

(6) “Financial year” has the meaning given by section ZA6(6) (annual
and other reports).

Application of seal and proof of documents

12 (1) The application of the IfA’s seal must be authenticated by the
10signature of—

(a) the chief executive, or

(b) a member of the IfA who has been authorised by the IfA
for that purpose (whether generally or specifically).

(2) A document purporting to be duly executed under the IfA’s seal,
15or signed on its behalf—

(a) is to be received in evidence, and

(b) is to be treated as executed or signed in that way, unless the
contrary is proved.

Funding

13 (1) 20The Secretary of State may make grants to the IfA, or provide the
IfA with any other kind of financial assistance, subject to any
conditions that the Secretary of State considers appropriate.

(2) The conditions may, in particular—

(a) enable the Secretary of State to require full or partial
25repayment of sums paid by the Secretary of State if any of
the conditions are not complied with;

(b) require the payment of interest in respect of any period
during which a sum due to the Secretary of State in
accordance with any of the conditions remains unpaid.”

10 30In Schedule 1 to the Superannuation Act 1972, in the list of “Offices”, at the
appropriate place insert—

• ““Non-executive member of the Institute for Apprenticeships.”

11 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities) at the appropriate place insert—

35““The Institute for Apprenticeships.”

Section 33

SCHEDULE 5 Sunday opening hours: rights of shop workers

Employment Rights Act 1996

1 The Employment Rights Act 1996 is amended as follows.

2 In section 41 (opted-out shop workers and betting workers), for subsection
(3) substitute—

“(3) In this Act “notice period”, in relation to an opted-out shop worker
or an opted-out betting worker, means—

(a) 5in the case of an opted-out shop worker who does shop work
in or about a large shop, the period of one month beginning
with the day on which the opting-out notice concerned was
given;

(b) in any other case, the period of three months beginning with
10that day.

This subsection is subject to sections 41D(2) and 42(2).”

3 After section 41 insert—

“41A Notice of objection by shop workers to working additional hours on
Sunday

(1) 15A shop worker may at any time give to his or her employer a written
notice, signed and dated by the shop worker, to the effect that he or
she objects to doing shop work for additional hours on Sunday.

(2) In this Part—

• “additional hours” means any number of hours of shop work
  20that a shop worker is (or could be) required to work under a
  contract of employment on Sunday that are (or would be) in
  excess of the shop worker’s normal Sunday working hours;

• “objection notice” means a notice given under subsection (1).

(3) The “normal Sunday working hours” of a shop worker are to be
25calculated in accordance with regulations.

(4) Regulations under this section may provide—

(a) for the calculation to be determined (for example) by
reference to the average number of hours that the shop
worker has worked on Sundays during a period specified or
30described in the regulations;

(b) for a calculation of the kind mentioned in paragraph (a) to be
varied in special cases;

(c) for the right to give an objection notice not to be exercisable
in special cases (and subsection (1) is subject to provision
35made by virtue of this paragraph).

(5) Provision under subsection (4)(b) or (c) may, in particular, include
provision—

(a) about how the calculation of normal Sunday working hours
is to be made in the case of a shop worker who has not been
40employed for a sufficient period of time to enable a
calculation to be made as otherwise provided for in the
regulations;

(b) for the right to give an objection notice not to be exercisable
by such a shop worker until he or she has completed a period
45of employment specified or described in the regulations.

(6) But regulations under this section may not include provision
preventing a shop worker who has been continuously employed

under a contract of employment for a period of one year or more
from giving to the employer an objection notice.

(7) Regulations under this section may make different provision for
different purposes.

41B 5Explanatory statement: persons who become shop workers

(1) This section applies where a person becomes a shop worker who,
under a contract of employment, is or may be required to do shop
work on Sundays.

(2) The employer must give to the shop worker a written statement
10informing the shop worker of the following rights—

(a) the right to object to working on Sundays by giving the
employer an opting-out notice (if section 40 applies to the
shop worker);

(b) the right to object to doing shop work for additional hours on
15Sundays by giving the employer an objection notice.

(3) The statement must be given before the end of the period of two
months beginning with the day on which the person becomes a shop
worker as mentioned in subsection (1).

(4) An employer does not fail to comply with subsections (2) and (3) in
20a case where, before the end of the period referred to in subsection
(3), the shop worker has given to the employer an opting-out notice
(and that notice has not been withdrawn).

(5) A statement under this section must comply with such requirements
as to form and content as regulations may provide.

(6) 25Regulations under this section may make different provision for
different purposes.

41C Explanatory statement: shop workers at commencement date

(1) This section applies where—

(a) under a contract of employment a shop worker is or may be
30required to do shop work on Sundays, and

(b) the shop worker was employed under that contract on the
day before the commencement date.

(2) The shop worker’s employer must give to the shop worker a written
statement informing the shop worker of the rights mentioned in
35section 41B(2).

(3) The statement must be given before the end of the period of two
months beginning with the commencement date.

(4) An employer does not fail to comply with subsections (2) and (3) in
a case where, before the end of the period referred to in subsection
40(3), the shop worker has given to the employer an opting-out notice
(and that notice has not been withdrawn).

(5) A statement under this section must comply with such requirements
as to form and content as regulations may provide.

(6) Regulations under this section may make different provision for
different purposes.

(7) In this section “commencement date” means the date appointed by
regulations under section 44 of the Enterprise Act 2016 for the
5coming into force of section 33(5) of, and Schedule 5 to, that Act.

41D Failure to give explanatory statement under section 41B or 41C

(1) This section applies if an employer fails to give to a shop worker a
written statement in accordance with—

(a) section 41B(2) and (3), or

(b) 10section 41C(2) and (3).

(2) If the shop worker gives to the employer an opting-out notice, the
notice period under section 41(3) that applies in relation to the shop
worker is varied as follows—

(a) if the notice period under that provision would have been
15one month, it becomes 7 days instead;

(b) if the notice period under that provision would have been
three months, it becomes one month instead.

(3) If the shop worker gives to the employer an objection notice, the
relevant period under section 43ZA(2) that applies in relation to the
20shop worker is varied as follows—

(a) if the relevant period under that provision would have been
one month, it becomes 7 days instead;

(b) if the relevant period under that provision would have been
three months, it becomes one month instead.”

4 (1) 25Section 42 (explanatory statement) is amended as follows.

(2) In the heading, after “statement” insert “: betting workers”.

(3) In subsection (1) omit “shop worker or”.

(4) In subsection (2)—

(a) in paragraph (a) omit “shop worker or”;

(b) 30in paragraph (b)—

(i) after “the” omit “shop worker or”;

(ii) omit “an opted-out shop worker or”.

(c) in the words after paragraph (b), omit “shop worker or”

(5) In subsection (3) omit “shop worker or”.

(6) 35Omit subsection (4).

(7) In subsection (6)—

(a) for “forms” substitute “form”;

(b) for “subsections (4) and (5)” substitute “subsection (5)”.

5 In the heading of section 43, after “work” insert “: opting-out notices”.

6 After section 43 (in Part 4) insert—

“43ZA Contractual requirements relating to working additional hours on
Sundays: objection notices

(1) Where a shop worker gives to his or her employer an objection
5notice, any agreement entered into between the shop worker and the
employer becomes unenforceable to the extent that—

(a) it requires the shop worker to do shop work for additional
hours on Sunday after the end of the relevant period, or

(b) it requires the employer to provide the shop worker with
10shop work for additional hours on Sunday after the end of
that period.

(2) The “relevant period” is—

(a) in the case of a shop worker who is or may be required to do
shop work in or about a large shop, the period of one month
15beginning with the day on which the objection notice is
given;

(b) in any other case, the period of three months beginning with
that day.

This subsection is subject to section 41D(3).

(3) 20A shop worker who has given an objection notice may revoke the
notice by giving a further written notice to the employer.

(4) Where—

(a) a shop worker gives to the employer a notice under
subsection (3), and

(b) 25after giving the notice the shop worker expressly agrees with
the employer to do shop work for additional hours on
Sunday (whether on Sundays generally or on a particular
Sunday),

the contract of employment between the shop worker and the
30employer is to be taken to be varied to the extent necessary to give
effect to the terms of the agreement.

(5) The reference in subsection (1) to any agreement—

(a) includes the contract of employment under which the shop
worker is employed immediately before giving the objection
35notice;

(b) includes an agreement of a kind mentioned in subsection (4),
or a contract of employment as taken to be varied under that
subsection, only if an objection notice is given in relation to
the working of additional hours under that agreement or
40contract as varied.

43ZB Interpretation

(1) In this Part—

• “additional hours” has the meaning given in section 41A(2);

• “large shop” means a shop which has a relevant floor area
  45exceeding 280 square metres;

• “objection notice” has the meaning given in section 41A(2);

• “regulations” means regulations made by the Secretary of State.