(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) a function of instituting or conducting criminal proceedings;

(ii) 5a 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) In sections 84 and 85, “Minister of the Crown” has the same meaning as in the
10Ministers of the Crown Act 1975.

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

General

87 Consequential amendments, repeals and revocations

(1) 15The 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) may include transitional, transitory or saving provision;

(b) 20may 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
order under this section which repeals, revokes or otherwise amends any
25provision 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
30subject to annulment in pursuance of a resolution of either House of
Parliament.

(5) In this section—

• “primary legislation” means—

  (a)

  an Act;

  (b)

  35an 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
  40Act 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.

88 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.

89 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 35 of Schedule 20 extends only to England and Wales and Northern
10Ireland.

(3) Section 16, Parts 4 and 5 of Schedule 12 and paragraphs 31, 32, 37, 38 and 41 of
Schedule 20 extend only to England and Wales.

(4) Sections 4, 5, 27(7) to (10), 34 and 49(1) and (2) extend only to England and
Wales.

(5) 15Sections 59, 60, 67, 79, 80 and 83 to 88, this section and sections 90 and 91 extend
to England and Wales, Scotland and Northern Ireland.

(6) Her Majesty may by Order in Council provide for any of the provisions of
section 60 to extend, with or without modifications, to any of the Channel
Islands or the Isle of Man.

90 20Commencement

(1) Sections 34, 87 to 89, this section and section 91 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) 25section 14 and Schedule 4;

(b) section 17;

(c) section 28;

(d) section 30;

(e) section 32;

(f) 30sections 39 to 42;

(g) section 45;

(h) section 49 and Schedule 13;

(i) section 50 and Schedule 14;

(j) section 61;

(k) 35section 74 to 77;

(l) section 78 and Schedule 19;

(m) sections 79, to 81;

(n) section 82 and Schedule 20 other than paragraphs 31, 32 and 37 of that
Schedule;

(o) 40in Schedule 6, paragraph 5 and Parts 7 and 8;

(p) in Schedule 9, Parts 1, 4 and 5;

(q) in Schedule 10, Part 2;

(r) in 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
5by 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
10connection 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) 15Any power to make an order under subsections (4) to (7) includes power to
make different provision for different purposes.

91 Short 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 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.

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,

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)—

• 20“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
  of the naval, military or air forces of the Crown);

• 25“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
  given by section 194(6) of that Act.”

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.

(2) In subsection (2)—

(a) after “may” insert “(among other things)”;

(b) omit paragraph (b).

(3) Omit subsections (4) and (5).

4 5In section 103 of that Act (means tests), in subsection (1) (as amended by
paragraph 16 of Schedule 13) after “section 100(1)(c), (d) or (e)” insert “or
(1A)”.

Part 2 Consequential amendments

5 10In consequence of the amendments made by Part 1 of this Schedule, the
Apprenticeships, Skills, Children and Learning Act 2009 is further amended
as follows.

Amendments of Part 1

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

7 15Omit section 1, and the italic cross-heading before it.

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

9 In section 11—

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

(b) 20omit subsection (3);

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

10 In section 12—

(a) omit subsection (3);

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

11 25Omit sections 13 to 17, and the italic cross-heading before them.

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

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

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

15 In section 38—

(a) 30in subsection (1), for “The Secretary of State” substitute “The Welsh
Ministers”;

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

16 In section 39, in subsection (1)—

(a) 35in 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

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

“(a) an approved English apprenticeship, or

(b) any contract of service (other than an approved English
5apprenticeship agreement) or contract of apprenticeship.”

18 In section 83A—

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

(b) 10omit subsection (11).

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

(2) In 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) 15has already completed an approved English apprenticeship by
achieving that standard,

(b) has 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
20(whether or not in the same sector of work), or

(c) has worked under another arrangement 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).”

(3) After that subsection insert—

“(1A) 25Section A1(6) and (7) (which make provision about when a person
completes an approved English apprenticeship and about the
meaning of “approved apprenticeship standard”) apply for the
purposes of subsection (1).”

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

20 30In section 90, in subsection (2), for paragraphs (a) and (b) substitute—

“(a) an approved English apprenticeship, or

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

21 35Omit section 105.

22 In section 121, in subsection (1)—

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

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

• ““approved English apprenticeship” has the meaning given by
  40section A1(2);”.

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

Part 3 Apprenticeships: Wales

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

25 (1) 5Section 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
10particular 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
15frameworks of that description;

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

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

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

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

27 (1) 20Section 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) 25for “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,”.

Part 4 30Transitional provision

28 The provision that may be included in an order under section 90(7) in
connection with the coming into force of paragraph 1 of this Schedule
includes provision—

(a) for work done by a person under an arrangement described in the
35order to be treated as work done under an approved English
apprenticeship within the meaning of the Apprenticeships, Skills,
Children and Learning Act 2009, where the person begins to work
under the arrangement before the paragraph comes into force and
continues to do so (for any period) afterwards;

(b) 40for a standard published by the Secretary of State before the
paragraph comes into force, in connection with work that by virtue
of provision made under paragraph (a) is treated as work done
under an approved English apprenticeship, to be treated as if it were