(3) Any provision that may be included in an instrument under this Act subject to
the negative resolution procedure may be made by regulations subject to the
affirmative resolution procedure.

43 Extent

(1) 5Any amendment or repeal made by this Act has the same extent as the
enactment amended or repealed.

(2) This Part extends to—

(a) England and Wales,

(b) Scotland, and

(c) 10Northern Ireland.

(3) Except as mentioned above, this Act extends to England and Wales only.

44 Commencement

(1) This Part and paragraph 33 of Schedule 1 come into force on the day on which
this Act is passed.

(2) 15The other provisions of this Act come into force on such day as the Secretary of
State may by regulations appoint.

(3) Different days may be appointed for different purposes.

45 Short title

This Act may be cited as the Technical and Further Education Act 2016.

SCHEDULES

Section 1

SCHEDULE 1 The Institute for Apprenticeships and Technical Education

1 The Apprenticeships, Skills, Children and Learning Act 2009 is amended as
5follows.

2 (1) Section ZA2 (general duties) is amended as follows.

(2) Omit subsections (3) and (4).

(3) In subsection (6), for the words after “or may be” substitute “provided—

(a) in the course of an approved English apprenticeship,

(b) 10for the purposes of an approved technical education
qualification, or

(c) for the purposes of approved steps towards occupational
competence.””

3 (1) Section ZA3 (provision of advice and assistance to the Secretary of State) is
15amended as follows.

(2) In subsection (1) for “relating to apprenticeships in relation to England.”
substitute “in relation to England relating to—

(a) apprenticeships, or

(b) other education or training.””

(3) 20In subsection (2) for “100(1A) or otherwise relating to the funding of
apprenticeships relating to England” substitute “100(1A) or (1B) or
otherwise relating to the funding, in relation to England, of the things
mentioned in paragraphs (a) and (b) of that subsection”.

4 (1) Section ZA4 (delegation of functions of Secretary of State) is amended as
25follows.

(2) In subsection (1) for “relating to apprenticeships in relation to England.”
substitute “in relation to England relating to—

(a) apprenticeships,

(b) technical education qualifications, or

(c) 30steps that people may take towards becoming competent to
work in occupations.””

(3) In subsection (3) for “100(1A) or otherwise relating to the funding of
apprenticeships relating to England” substitute “100(1A) or (1B) or
otherwise relating to the funding, in relation to England, of the things
35mentioned in paragraphs (a) to (c) of that subsection”.

5 In section ZA5(1) (conferral of new functions by regulations) for the words

after “functions” substitute “in relation to England as the Secretary of State
considers appropriate, relating to—

“(a) apprenticeships,

(b) technical education qualifications, or

(c) 5steps that may be taken by persons towards becoming
competent to work in occupations.””

6 In the heading for Chapter A1, after “Apprenticeships” insert “and technical
education”.

7 In Chapter A1, before section A1 (and the italic heading before it)
10substitute—

““Occupational categories and groups

ZA9 Occupational categories (sometimes referred to as “routes”)

(1) The Secretary of State may determine categories into which
occupations may be placed for the purposes of this Chapter.

(2) 15The Secretary of State must notify the Institute of any categories that
are determined.

ZA10 Mapping of occupational groups

(1) The Institute must—

(a) determine occupations in relation to which it may be
20appropriate for people to undertake apprenticeships or
obtain qualifications, and

(b) determine which of those occupations require similar
knowledge, skills and behaviour.

(2) Two or more occupations that require similar knowledge, skills and
25behaviour are referred to in this section as a “group”.

(3) Where categories have been determined under section ZA9, the
Institute must allocate each occupation or group to a category.

(4) If the Institute considers that no category is appropriate it must
nevertheless allocate the occupation or group to a category (and is
30not required to adjust its determinations under subsection (1)).

(5) The Institute must publish information showing—

(a) the occupations,

(b) the groups, and

(c) any categories to which the occupations and groups have
35been allocated.

Standards

ZA11 Standards

(1) The Institute must publish standards in relation to England for such
occupations as the Institute considers appropriate.

(2) 40Each standard must—

(a) describe the occupation to which it relates;

(b) set out the outcomes that persons seeking to achieve the
standard are expected to attain in order to do so.

(3) Each standard must have been prepared by a group of persons and
approved by the Institute.

(4) 5The group of persons that prepared a standard must have been
approved by the Institute.

(5) The Institute may provide advice or assistance to a group of persons
in connection with the preparation of a standard.

(6) The Institute may convene a group of persons to prepare a standard
10for an occupation only if the Institute considers—

(a) that there is a need for a standard for that occupation, and

(b) that the need will not be met unless a group is convened to
prepare the standard.

(7) The Institute must publish—

(a) 15information about matters that it takes into account when
deciding whether or not to approve standards for the
purposes of subsection (3);

(b) information about matters that it takes into account when
deciding whether or not to approve groups of persons for the
20purposes of subsection (4).

(8) When making a decision of the kind mentioned in subsection (7)(a)
or (b) in a particular case, the Institute may also take into account
such other matters as it considers appropriate in the case in question.

(9) Information published under subsection (7) may be revised or
25replaced, and the Institute must publish under that subsection any
revised or replacement information.

(10) Where a standard is published, the Institute must publish, with the
information published under section ZA10(5) in relation to the
occupation, information indicating that there is a standard for the
30occupation.””

8 For the italic heading before section A1 substitute “Meaning of “approved
English apprenticeship” etc”.

9 In section A1 (meaning of “approved English apprenticeship”)—

(a) in subsection (3)(a)—

(i) 35for “a sector for which an approved apprenticeship”
substitute “an occupation for which a”;

(ii) for “A2” substitute “ZA11”;

(b) in the following places omit “apprenticeship”—

(i) subsection (3)(b);

(ii) 40subsection (6), in the second place it occurs;

(iii) subsection (7), in the first place it occurs;

(c) in subsection (7), for “A2” substitute “ZA11”.

10 For the italic heading before section A2 substitute “Apprenticeship
assessment plans”.

11 (1) Section A2 (apprenticeship standards and assessment plans) is amended as
follows.

(2) For the heading, substitute “Apprenticeship assessment plans”.

(3) For subsection (1) substitute—

“(1) 5The Institute must publish apprenticeship assessment plans in
respect of such standards published under section ZA11 as it
considers appropriate.””

(4) Omit subsections (2) and (3).

(5) In subsection (4)—

(a) 10after “An” insert “apprenticeship”;

(b) for the words from “a person’s attainment” to the end substitute “it
is to be assessed whether a person seeking to complete an approved
English apprenticeship has attained the outcomes set out in the
standard”.

(6)
15In subsection (5) after “Each” insert “apprenticeship”.

(7) For subsection (6) substitute—

“(6) Each apprenticeship assessment plan must have been prepared by a
group of persons and approved by the Institute.

(7) The group of persons that prepared an apprenticeship assessment
20plan must have been approved by the Institute.

(8) The Institute may provide advice or assistance to a group of persons
in connection with the preparation of an apprenticeship assessment
plan.

(9) The Institute may convene a group of persons to prepare an
25apprenticeship assessment plan in respect of a standard only if the
Institute considers—

(a) that there is a need for an apprenticeship assessment plan in
respect of that standard, and

(b) that the need will not be met unless a group is convened to
30prepare the plan.

(10) The Institute must publish—

(a) information about matters that it takes into account when
deciding whether or not to approve apprenticeship
assessment plans for the purposes of subsection (6);

(b) 35information about matters that it takes into account when
deciding whether or not to approve groups of persons for the
purposes of subsection (7).

(11) When making a decision of the kind mentioned in subsection (10)(a)
or (b) in a particular case, the Institute may also take into account
40such other matters as it considers appropriate in the case in question.

(12) Information published under subsection (10) may be revised or
replaced, and the Institute must publish under that subsection any
revised or replacement information.

(13) Where an apprenticeship assessment plan is published, the Institute
must publish, with the information published under section ZA10(5)
in relation to the occupation, information indicating that there is an
apprenticeship assessment plan in respect of the standard for the
5occupation.””

12 Omit section A2A (preparation of apprenticeship standards and plans).

13 In the italic heading before section A2B, at the end insert “of apprenticeship
assessments etc”.

14 (1) Section A2B (evaluation of quality of apprenticeship assessments) is
10amended as follows.

(2) In subsection (2), after “to which the” insert “apprenticeship”.

(3) In subsection (3), after “may” insert “carry out evaluations or”.

(4) After subsection (3) insert—

“(4) The Secretary of State may by regulations authorise the Institute
15(subject to any restrictions prescribed by the regulations) to charge
fees for things done in connection with the carrying out by it of
evaluations under subsection (1).””

15 After section A2D insert—

““Technical education qualifications

A2DA 20 Approved technical education qualifications

(1) The Institute may, if it considers it appropriate, approve a technical
education qualification in respect of one or more occupations for
which standards are published under section ZA11.

(2) The Institute may make any arrangements that it considers
25appropriate—

(a) to secure that suitable technical education qualifications are
available for approval under this section, or

(b) in connection with the approval or continued approval of a
technical education qualification.

(3) 30The Institute may approve a technical education qualification under
this section only if satisfied that by obtaining the qualification a
person demonstrates that he or she has attained as many of the
outcomes set out in the standards as may reasonably be expected to
be attained by undertaking a course of education.

(4) 35The Institute may approve a technical education qualification under
this section only where the Institute—

(a) has determined the documents relating to the qualification to
which it considers section A2IA should apply (if any), and

(b) is satisfied that each person (other than the Institute) who it
40thinks is entitled to a right or interest in any copyright in
those documents agrees to the right or interest being
transferred to the Institute (see section A2IA).

(5) If the Institute fails to comply with subsection (4)(b) then, unless it
does so in the knowledge that a person does not agree as mentioned
in that provision—

(a) the failure does not invalidate the approval of the
5qualification, but

(b) the Institute must pay such compensation (if any) as may be
appropriate to any person whose right or interest is
transferred to the Institute without the person’s agreement.

(6) In making a determination under subsection (4)(a), the Institute may
10take into account the likelihood of any person agreeing as mentioned
in subsection (4)(b).

(7) The Institute may revise its determination under subsection (4)(a)
before approving the qualification.

(8) The Institute may withdraw approval given under this section.

(9) 15The Institute is not required to withdraw approval given under this
section merely because a qualification is modified.

(10) Where a technical education qualification is approved under this
section, the Institute must publish, with the information published
under section ZA10(5) in relation to the occupations, information
20indicating that a technical education qualification has been approved
in respect of them.

(11) Where approval of a technical education qualification is withdrawn
under this section, the Institute must publish, with the information
published under section ZA10(5) in relation to the occupations,
25information indicating that the approval of the qualification has been
withdrawn.

(12) In this Chapter “technical education qualification” means a
qualification that relates to one or more occupations.

(13) In this Chapter a technical education qualification that the Institute
30approves under this section is referred to as “an approved technical
education qualification”.

A2DB Additional steps towards occupational competence

(1) Where there is an approved technical education qualification in
respect of one or more occupations, the Institute may from time to
35time determine other steps that it considers it would be appropriate
for a person to take in order to progress towards being a person who
is competent to work in those occupations.

(2) Steps determined under this section may include the obtaining of
other qualifications.

(3) 40The Institute may make a further determination under this section.

(4) The Institute must publish a statement of any steps it determines
under this section.

(5) In this Chapter steps that the Institute determines under this section
are referred to as “approved steps towards occupational
45competence”.

A2DC Directions

The Secretary of State may give the Institute a direction in connection
with the exercise by the Institute of any function under or for the
purposes of section A2DA or A2DB.””

16 5For the italic heading before section A2E substitute “Other provision relating
to approved English apprenticeships and technical education”.

17 In section A2E (regular reviews of published standards and assessment
plans), in subsections (1) and (2) after “standard or” insert “apprenticeship”.

18 (1) Section A2F (revision or withdrawal of published standards and assessment
10plans) is amended as follows.

(2) In subsection (1), in paragraphs (a) and (b), after “standard or” insert
“apprenticeship”.

(3) For subsection (2) substitute—

“(2) Subsections (3) to (9) of section ZA11 apply in relation to a revised
15version of a standard published under this section as they do in
relation to a standard published under that section.

(3) Subsections (6) to (12) of section A2 apply in relation to a revised
version of an apprenticeship assessment plan published under this
section as they do in relation to an apprenticeship assessment plan
20published under that section.””

19 Omit the italic heading before section A2G.

20 In section A2G—

(a) after “standard or”, in each place it occurs, insert “apprenticeship”;

(b) in subsection (1) (examinations by independent third parties), for
25“A2A(1)” substitute “ZA11(3) or section A2(6)”.

21 After section A2H insert—

“A2HA List of technical education qualifications

(1) The Institute must maintain a list of approved technical education
qualifications.

(2) 30The list must include information for the purpose of enabling people
to refer, in relation to each qualification, to—

(a) the standards published under section ZA11 for the
occupations in respect of which the qualification is approved,
and

(b) 35any statement of steps published under section A2DB in
relation to those occupations.

(3) The Institute must ensure that the list is available free of charge.””

22 (1) Section A2I (transfer of copyright in standards and assessment plans) is
amended as follows.

(2) 40In subsection (1), for paragraph (a) substitute—

“(a) a standard is approved by the Institute under section ZA11 or
an apprenticeship assessment plan is approved by the
Institute under section A2, and”.”

(3) In subsection (3), after “standard or” insert “apprenticeship”.

23 After section A2I insert—

“A2IA Transfer of copyright relating to technical education qualifications

(1) This section applies where a technical education qualification is
5approved under section A2DA.

(2) The right or interest in any copyright in a relevant course document
is, by virtue of this section, transferred from the person to the
Institute at the time the approval is given.

(3) The Institute may assign to another person, or grant a licence to
10another person in respect of, any right or interest transferred to the
Institute by virtue of this section.

(4) In this section “relevant course document” means a document in
relation to which the Institute has made a determination under
section A2DA(4)(a).””

24 15After section A3 insert—

“A3A Power to issue technical education certificate

(1) The Secretary of State may issue a certificate (a “technical education
certificate”) to a person if it appears to the Secretary of State that the
person has—

(a) 20obtained an approved technical education qualification, and

(b) taken any other steps determined under section A2DB in
relation to the occupations in respect of which the
qualification is approved.

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

(a) 25requiring an application to be made in a prescribed manner
before a certificate is issued;

(b) about the supply by the Secretary of State of copies of
technical education certificates to persons to whom they were
issued;

(c) 30authorising the Secretary of State (subject to any restrictions
prescribed by the regulations) to charge a fee for issuing a
technical education certificate or supplying a copy.””

25 Part 1A (apprenticeships: information sharing) is amended as follows.

26 In the Part heading, after “Apprenticeships” insert “and other education and
35training”.

27 After section 40A insert—

“40AA Sharing of information by the Institute, Ofqual, Ofsted and OfS

(1) The Institute for Apprenticeships and Technical Education may
disclose information held by it to Ofqual, Ofsted or the OfS for a
40purpose connected with—

(a) apprenticeships in relation to England, or

(b) other education or training in relation to England.

(2) Ofqual, Ofsted or the OfS may disclose information held by it to the
Institute for a purpose connected with—

(a) apprenticeships in relation to England, or

(b) other education or training in relation to England.

(3) 5In this section—

• “Ofqual” means the Office of Qualifications and Examinations

  Regulation;

• “OfS” means the Office for Students;

• “Ofsted” means—

  (a)

  10the Office for Standards in Education, Children’s
  Services and Skills, and

  (b)

  Her Majesty’s Chief Inspector of Education,
  Children’s Services and Skills.””

28 (1) Section 100 (funding) is amended as follows.

(2) 15After subsection (1A) insert—

“(1B) The Secretary of State may secure the provision of financial resources
to any person under this subsection (whether or not the resources
could be secured under subsection (1)) in connection with approved
technical education qualifications or approved steps towards
20occupational competence.””

(3) In subsections (3) and (4) for “or (1A)” substitute “(1A) or (1B)”.

(4) In subsection (5), for “this section” substitute “this section—

• “approved steps towards occupational competence” has the
  meaning given by section A2DB;

• 25“approved technical education qualification” has the meaning
  given by section A2DA;”.”

29 In section 121(1) (interpretation of Part 1), at the appropriate places insert—

• “““technical education qualification” has the meaning given by
  section A2DA;”;

• 30““approved steps towards occupational competence” has the
  meaning given by section A2DB;”;

• ““approved technical education qualification” has the meaning
  given by section A2DA;”.”

30 (1) Schedule A1 (the Institute) is amended as follows.

(2) 35In paragraph 9(2) (delegation) for “A2A and A2E to A2I” substitute “ZA10, ZA11, A2DA, A2DB and A2E to A2IA”.

(3) In paragraph 10 of (supplementary powers of the Institute)—

(a) after sub-paragraph (c) insert—

“(ca) use, in the exercise of any of its functions,
information obtained by it in the exercise of any of
40its other functions;””

(b) in sub-paragraph (2) for “power in sub-paragraph (1)(d) is”
substitute “powers in sub-paragraph (1) are”.