Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 1 — Apprenticeships
1

A
Bill
To
Make provision about apprenticeships, education, training and children’s
services; to amend the Employment Rights Act 1996; to establish the Young
People’s Learning Agency for England, the office of Chief Executive of Skills
Funding, the Office of Qualifications and Examinations Regulation and the
School Support Staff Negotiating Body and to make provision about those
bodies and that office; to make provision about the Qualifications and
Curriculum Authority; to make provision about schools and institutions
within the further education sector; to make provision about student loans;
and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Apprenticeships, study and training
Chapter 1
Apprenticeships
Apprenticeship certificates: England
5
1
Duty to issue apprenticeship certificates: England
(1)
The English certifying authority must issue a certificate relating to an
apprenticeship framework to a person who applies to the authority in the
prescribed manner if—
(a)
it appears to the authority that the applicable conditions are satisfied,
10
and
(b)
the person—
(i)
provides the authority with such information and evidence as
the authority requires the person to provide, and

Bill 55
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Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 1 — Apprenticeships
2

(ii)
pays any fee charged by the authority for the issue of the
certificate (see section 3).
(2)
The applicable conditions are—
(a)
the English completion conditions, or
(b)
if alternative English completion conditions prescribed under
5
subsection (5) apply in the person’s case, those conditions.
(3)
The English completion conditions are—
(a)
that the person has entered into an English apprenticeship agreement
in connection with the apprenticeship framework;
(b)
that at the date of that agreement the framework was a recognised
10
English framework;
(c)
that the person has completed a course of training for the principal
qualification identified in the framework;
(d)
that, throughout the duration of the course, the person was working
under that agreement, and
15
(e)
that at the date of the application the person met the requirements
specified in the framework for the purpose of the issue of an
apprenticeship certificate.
(4)
In subsection (3)(d)—
(a)
the reference to the English apprenticeship agreement mentioned in
20
subsection (3)(a) includes a reference to any apprenticeship agreement
which the person subsequently entered into in connection with the
same apprenticeship framework;
(b)
the reference to a course of training for the principal qualification is to
be read, in a case where the person has followed two or more courses
25
of training for the principal qualification, as a reference to both or all of
them.
(5)
Regulations may make provision for alternative English completion conditions
to apply in cases where a person works otherwise than under an English
apprenticeship agreement.
30
(6)
The kinds of working in relation to which provision may be made under
subsection (5) include working—
(a)
as a self-employed person;
(b)
otherwise than for reward.
(7)
An “English apprenticeship agreement”, for the purposes of this section, is an
35
apprenticeship agreement under which a person undertakes to work wholly or
mainly in England.
2
Power to issue apprenticeship certificates: England
The English certifying authority may issue a certificate relating to an
apprenticeship framework to a person who applies to the authority in the
40
prescribed manner if—
(a)
it appears to the authority that at the date of the application the person
met the requirements specified in the framework for the purpose of the
issue of an apprenticeship certificate,
(b)
the framework is, or has been, a recognised English framework, and
45
(c)
the person—

Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 1 — Apprenticeships
3

(i)
provides the authority with such information and evidence as
the authority requires the person to provide, and
(ii)
pays any fee charged by the authority for the issue of the
certificate (see section 3)).
3
Issue of certificates by the English certifying authority: supplementary
5
(1)
The English certifying authority may charge a fee for issuing an apprenticeship
certificate only if, and to the extent that, it is authorised to do so by regulations.
(2)
Regulations may make provision about the supply of copies of apprenticeship
certificates issued under section 1 or 2.
(3)
Regulations under subsection (2) may include provision authorising a person
10
supplying a copy of an apprenticeship certificate to charge a fee for doing so.
4
The English certifying authority
(1)
In this Chapter “the English certifying authority”, in relation to an
apprenticeship certificate of any description, means—
(a)
the person (if any) designated by the Secretary of State to issue
15
apprenticeship certificates of that description;
(b)
if there is no-one within paragraph (a), the person (if any) designated
by the Secretary of State to issue apprenticeship certificates generally;
(c)
if there is no-one within paragraph (a) or (b), the Secretary of State.
(2)
A person designated by the Secretary of State to issue apprenticeship
20
certificates must, in exercising functions under this Chapter—
(a)
comply with directions given by the Secretary of State, and
(b)
have regard to guidance issued by the Secretary of State.
Apprenticeship certificates: Wales
5
Duty to issue apprenticeship certificates: Wales
25
(1)
The Welsh certifying authority must issue a certificate relating to an
apprenticeship framework to a person who applies to the authority in the
prescribed manner if—
(a)
it appears to the authority that the applicable conditions are satisfied,
and
30
(b)
the person—
(i)
provides the authority with such information and evidence as
the authority requires the person to provide, and
(ii)
pays any fee charged by the authority for the issue of the
certificate (see section 7).
35
(2)
The applicable conditions are—
(a)
the Welsh completion conditions, or
(b)
if alternative Welsh completion conditions prescribed under subsection
(5) apply in the person’s case, those conditions.
(3)
The Welsh completion conditions are—
40
(a)
that the person has entered into a Welsh apprenticeship agreement in
connection with the apprenticeship framework;

Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 1 — Apprenticeships
4

(b)
that at the date of that agreement the framework was a recognised
Welsh framework;
(c)
that the person has completed a course of training for the principal
qualification identified in the framework;
(d)
that, throughout the duration of the course, the person was working
5
under that agreement, and
(e)
that at the date of the application the person met the requirements
specified in the framework for the purpose of the issue of an
apprenticeship certificate.
(4)
In subsection (3)(d)—
10
(a)
the reference to the Welsh apprenticeship agreement mentioned in
subsection (3)(a) includes a reference to any apprenticeship agreement
which the person subsequently entered into in connection with the
same apprenticeship framework;
(b)
the reference to a course of training for the principal qualification is to
15
be read, in a case where the person has followed two or more courses
of training for the principal qualification, as a reference to both or all of
them.
(5)
Regulations made by the Welsh Ministers may make provision for alternative
Welsh completion conditions to apply in cases where a person works
20
otherwise than under a Welsh apprenticeship agreement.
(6)
The kinds of working in relation to which provision may be made under
subsection (5) include working—
(a)
as a self-employed person;
(b)
otherwise than for reward.
25
(7)
The “prescribed manner” for the purposes of subsection (1), is the manner
prescribed by regulations made by the Welsh Ministers.
(8)
A “Welsh apprenticeship agreement”, for the purposes of this section, is an
apprenticeship agreement under which a person undertakes to work wholly or
mainly in Wales.
30
6
Power to issue apprenticeship certificates: Wales
(1)
The Welsh certifying authority may issue a certificate relating to an
apprenticeship framework to a person who applies to the authority in the
prescribed manner if—
(a)
it appears to the authority that at the date of the application the person
35
met the requirements specified in the framework for the purpose of the
issue of an apprenticeship certificate,
(b)
the framework is, or has been, a recognised Welsh framework,
(c)
the person—
(i)
provides the authority with such information and evidence as
40
the authority requires the person to provide, and
(ii)
pays any fee charged by the authority for the issue of the
certificate (see section 7)).
(2)
The “prescribed manner” for the purposes of subsection (1), is the manner
prescribed by regulations made by the Welsh Ministers.
45