(5) Subordinate 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)
5(read with subsection (3));

(b) when an international instrument is to be treated as having been
replaced by another instrument for the purposes of subsection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) 10“international instrument” means an international convention
or 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
15Interpretation Act 1978.”

Legislation no longer of practical use

87 Legislation no longer of practical use

Schedule 21 makes provision for legislation which is no longer of practical use
to cease to apply.

20Exercise of regulatory functions

88 Exercise 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) 25In performing the duty under subsection (1), the person must, in particular,
consider 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.

89 30Functions to which section 88 applies

(1) A Minister of the Crown may by order specify the regulatory functions to
which section 88 applies.

(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) 35such other persons as the Minister considers appropriate.

(3) An order under this section may not specify—

(a) a 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
40the extent that the function relates to matters which are transferred
matters;

(c) a 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
5made unless a draft has been laid before, and approved by a resolution of, each
House of Parliament.

(6) In this section—

• “devolved Welsh matter” means a matter within the legislative
  competence of the National Assembly for Wales;

• 10“reserved matter” and “Scotland” have the same meanings as in the
  Scotland Act 1998;

• “transferred matter” and “Northern Ireland” have the same meanings as
  in the Northern Ireland Act 1998;

• “Wales” has the same meaning as in the Government of Wales Act 2006.

90 15Guidance on duty under section 88

(1) A Minister of the Crown may from time to time issue guidance as to the
performance of the duty under section 88(1).

(2) The guidance may include guidance—

(a) as to the ways in which regulatory functions may be exercised so as to
20promote economic growth;

(b) as 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 88(1) must have regard to any guidance
issued under subsection (1).

(4) 25Before issuing guidance under subsection (1), the Minister must prepare a draft
of 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 88;

(b) 30such other persons as the Minister considers appropriate.

(6) If 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
35Minister may issue the guidance.

(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.

91 Sections 88 to 90: interpretation

(1) In sections 88 to 90, “regulatory function” means—

(a) 40a 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
guidance which, under or by virtue of an Act or subordinate legislation,
relate to an activity.

(2) 5In 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) a function of conducting civil proceedings.

(3) 10In 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 89 and 90, “Minister of the Crown” has the same meaning as in the
Ministers of the Crown Act 1975.

(5) 15In this section, “subordinate legislation” has the same meaning as in the
Interpretation Act 1978.

General

92 Consequential amendments, repeals and revocations

(1) The Secretary of State may by order made by statutory instrument make such
20provision 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) may repeal, revoke or otherwise amend or modify any provision of
25primary 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 or
modifies any provision of primary legislation is not to be made unless a draft
30of 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 or modify any provision of primary
legislation is subject to annulment in pursuance of a resolution of either House
35of Parliament.

(5) In this section—

• “primary legislation” means—

  (a)

  an Act;

  (b)

  an Act of the Scottish Parliament;

  (c)

  40a 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
  Act 1978;

  Deregulation BillPage 73

  (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.

93 5Financial 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.

94 Extent

(1) 10Except 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 38 of Schedule 21 extends only to England and Wales and Northern
Ireland.

(3) 15Section 15, Parts 4 and 5 of Schedule 13 and paragraphs 34, 35, 40, 41 and 44 of
Schedule 21 extend only to England and Wales.

(4) Sections 4, 5, 26(7) to (10), 33, 50(1) and (2) and 61(6) to (9) extend only to
England and Wales.

(5) Section 61(10) to (13) extends only to Scotland.

(6) 20Sections 63, 64, 71, 84, 85 and 88 to 93, this section and sections 95 and 96 extend
to England and Wales, Scotland and Northern Ireland.

(7) Her Majesty may by Order in Council provide for any of the provisions of
section 64 to extend, with or without modifications, to any of the Channel
Islands or the Isle of Man.

95 25Commencement

(1) The following provisions come into force on the day on which this Act is
passed—

(a) section 30;

(b) section 31;

(c) 30section 33;

(d) section 71;

(e) sections 89, 90(1), (2) and (4) to (8) and 91;

(f) sections 92 to 94, this section and section 96.

(2) The following provisions also come into force on the day on which this Act is
35passed but only so far as is necessary for enabling the exercise on or after that
day of any power to make provision by an order or regulations—

(a) section 1;

(b) section 39;

(c) sections 47 to 49;

(d) 40Parts 1 and 4 of Schedule 1, Schedules 2, 4 and 8, Part 6 of Schedule 10
and Schedule 19 (and the sections to which those Schedules relate).

(3) 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 (so far as not already in force by virtue of
subsection (2));

(b) 5section 16;

(c) section 27;

(d) section 29;

(e) section 31;

(f) section 36 and Schedule 9;

(g) 10sections 40 to 43;

(h) section 46;

(i) section 50 and Schedule 14;

(j) section 51 and Schedule 15;

(k) section 65;

(l) 15section 79 to 82;

(m) section 83 and Schedule 20;

(n) sections 84 to 86;

(o) section 87 and Schedule 21 other than paragraphs 34, 35 and 40 of that
Schedule;

(p) 20in Schedule 6, paragraph 5 and Parts 7 and 8;

(q) in Schedule 10, Parts 1, 4 and 5;

(r) in Schedule 11, Part 2;

(s) in Schedule 13, Parts 1, 2 and 4.

(4) Where a provision of a Schedule comes into force in accordance with
25subsection (3)(p) to (s), the section to which that Schedule relates comes into
force (so far as relating to that provision) at the same time.

(5) Part 3 of Schedule 1 comes into force on such day as the Welsh Ministers may
by order made by statutory instrument appoint.

(6) Except as provided by subsections (1) to (5), the provisions of this Act come
30into force on such day as the Secretary of State may by order made by statutory
instrument appoint.

(7) The 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.

(8) 35The 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.

(9) Any power to make an order under subsections (5) to (8) includes power to
40make different provision for different purposes.

96 Short title

This Act may be cited as the Deregulation Act 2015.

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”.