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
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(4)
In this section, “English certificate requirement” means a requirement specified
in a recognised English framework for the purpose of the issue of
apprenticeship certificates relating to that framework by the English certifying
authority.
Specification of apprenticeship standards: Wales
5
26
Specification of apprenticeship standards for Wales
(1)
The Welsh Ministers may prepare a draft specification of apprenticeship
standards.
(2)
In preparing the draft, the Welsh Ministers must consult such persons as they
think appropriate.
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(3)
Having prepared a draft, the Welsh Ministers may by order provide that a
specification of apprenticeship standards (“the specification of apprenticeship
standards for Wales”) is to have effect—
(a)
in the form of the draft, or
(b)
in that form with such modifications as the Welsh Ministers think
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appropriate.
(4)
Subsection (2) does not apply in relation to the first draft specification to be
prepared by the Welsh Ministers after the commencement of this section.
(5)
The Welsh Ministers may not make an order under subsection (3) unless
satisfied that the specification of apprenticeship standards given effect to by
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the order complies with section 29.
(6)
The power conferred by subsection (3) is to be exercised so as to secure that at
any time only one specification of apprenticeship standards has effect as the
specification of apprenticeship standards for Wales.
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Modification of specification of apprenticeship standards for Wales
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(1)
The Welsh Ministers may by order provide that the specification of
apprenticeship standards for Wales is to have effect subject to modifications
specified in the order.
(2)
The Welsh Ministers may not make an order under this section unless satisfied
that the specification, as so modified, meets the requirements of section 29.
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Replacement or modification of specification of apprenticeship standards:
recognised Welsh frameworks
(1)
Subject to subsection (2), a recognised Welsh framework does not cease to be a
recognised Welsh framework if, by virtue of an order under section 26 or 27, it
ceases to meet the requirements specified for frameworks of its description by
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the specification of apprenticeship standards for Wales.
(2)
An order under section 26 may provide for an apprenticeship framework
which—
(a)
immediately before the making of the order is a recognised Welsh
framework, but
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Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 1 — Apprenticeships
13

(b)
does not meet the requirements specified for frameworks of its
description by the specification of apprenticeship standards for Wales
to which the order gives effect,

to cease to have effect as a recognised Welsh framework.
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Contents of specification of apprenticeship standards for Wales
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(1)
The specification of apprenticeship standards for Wales—
(a)
must specify requirements to be met by recognised Welsh frameworks,
(b)
may specify different requirements in relation to recognised Welsh
frameworks at different levels.
(2)
The requirements specified by the specification of apprenticeship standards for
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Wales must include—
(a)
requirements as to Welsh certificate requirements, including
requirements as to standards of attainment to be required by them, and
(b)
requirements for a recognised Welsh framework to—
(i)
include, as a Welsh certificate requirement, the requirement
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that one or more qualifications be held, and
(ii)
identify that qualification, or one of those qualifications, as the
principal qualification in relation to the framework.
(3)
Requirements as to standards of attainment may be specified by reference, in
particular, to descriptions of qualifications or training.
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(4)
In this section, “Welsh certificate requirement” means a requirement specified
in a recognised Welsh framework for the purpose of the issue of apprenticeship
certificates relating to that framework by the Welsh certifying authority.
Apprenticeship agreements: England and Wales
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Meaning of “apprenticeship agreement”
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(1)
In this Chapter, “apprenticeship agreement” means an agreement in relation to
which each of the conditions in subsection (2) is satisfied.
(2)
The conditions are—
(a)
that a person (the “apprentice”) undertakes to work for another (the
“employer”) under the agreement;
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(b)
that the agreement is in the prescribed form;
(c)
that the agreement states that it is governed by the law of England and
Wales;
(d)
that the agreement states that it is entered into in connection with a
qualifying apprenticeship framework.
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(3)
The power conferred by subsection (2)(b) may be exercised, in particular—
(a)
to specify provisions that must be included in an apprenticeship
agreement;
(b)
to specify provisions that must not be included in an apprenticeship
agreement;
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(c)
to specify all or part of the wording of provisions that must be included
in an apprenticeship agreement.

Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 1 — Apprenticeships
14

(4)
Where an apprenticeship agreement states that it is entered into in connection
with an apprenticeship framework (“the relevant framework”) that is not a
qualifying apprenticeship framework, subsection (2)(d) is to be taken to be
satisfied in relation to the agreement if—
(a)
at a time within the relevant period preceding the date of the
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agreement, the relevant framework was a qualifying apprenticeship
framework;
(b)
at the date of the agreement, the apprentice has not completed the
whole of a course of training for the principal qualification identified in
the relevant framework,
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(c)
before the date of the agreement, the apprentice entered into another
apprenticeship agreement (“the earlier agreement”) which stated that it
was entered into in connection with the relevant framework, and
(d)
at the date of the earlier agreement, the relevant framework was a
qualifying apprenticeship framework.
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(5)
The “relevant period”, for the purposes of subsection (4)(a), is the period of no
more than three years ending with the date of the agreement.
(6)
In subsection (4)(b), the reference to a course of training for the principal
qualification is to be read, in a case where the person follows two or more
courses of training for the principal qualification, as a reference to both or all of
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them.
(7)
An apprenticeship framework is a “qualifying apprenticeship framework”, for
the purposes of this section, if it is—
(a)
a recognised English framework, or
(b)
a recognised Welsh framework.
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Ineffective provisions in an apprenticeship agreement
(1)
To the extent that provision included in an apprenticeship agreement conflicts
with the prescribed apprenticeship provisions, it has no effect.
(2)
In this section, the “prescribed apprenticeship provisions”, in relation to an
apprenticeship agreement, means those provisions—
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(a)
that are included in the agreement, and
(b)
without the inclusion of which the agreement would not satisfy section
30(2)(b).
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Variation of an apprenticeship agreement
(1)
If a variation to an apprenticeship agreement is within subsection (2), it has
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effect only if, before it was made, the employer complied with the requirement
in subsection (3).
(2)
A variation to an apprenticeship agreement is within this subsection if its
nature is such that, were it to take effect, the agreement would cease to be an
apprenticeship agreement.
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(3)
The employer must give the apprentice written notice stating that, if the
variation takes effect, the agreement will cease to be an apprenticeship
agreement.

Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 1 — Apprenticeships
15

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Status of an apprenticeship agreement
(1)
To the extent that it would otherwise be treated as being a contract of
apprenticeship, an 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 contract of
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service, an 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.
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Crown servants and Parliamentary staff
(1)
Sections 30 to 33 apply in relation to—
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(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)
an agreement under which a person undertakes employment as—
(i)
a relevant member of the House of Lords staff, or
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(ii)
a relevant member of the House of Commons staff,

as they apply in relation to any other agreement under which a person
undertakes to work for another.
(2)
Subsection (1) is subject to subsection (3) and to any modifications which may
be prescribed under subsection (5).
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(3)
Section 33(2) does not apply in relation to an apprenticeship agreement that is
an agreement within paragraph (a), (b) or (c) of subsection (1).
(4)
Without prejudice to section 248(3), the power conferred by section 30(2)(b)
may be exercised, in particular, to make provision in relation to an
apprenticeship agreement which is an agreement within any of paragraphs (a),
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(b) and (c) of subsection (1) that differs from provision made in relation to other
apprenticeship agreements.
(5)
Regulations may provide for any provision of this Chapter, or of any provision
of an Act amended or inserted by this Chapter, to apply with modifications in
relation to—
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(a)
an 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)—
“Crown employment” means employment under or for the purposes of a
government department or any officer or body exercising on behalf of
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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);
“relevant member of the House of Commons staff” has the meaning given
by section 195(5) of the Employment Rights Act 1996 (c. 18);
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“relevant member of the House of Lords staff” has the meaning given by
section 194(6) of that Act.