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 3 — The Young People’s Learning Agency for England
Chapter 5 — General
47

(b)
authorises the disclosure of any information in contravention of a
provision made by or under any Act which prevents disclosure of the
information.
Chapter 5
General
5
77
Interpretation of Part
(1)
In this Part a reference to education within the YPLA’s remit is a reference to
education suitable to the requirements of—
(a)
persons aged under 19, or
(b)
persons aged 19 or over but under 25 who are subject to learning
10
difficulty assessment.
(2)
In this Part a reference to training within the YPLA’s remit is a reference to
training suitable to the requirements of—
(a)
persons aged 14 or over but under 19, or
(b)
persons aged 19 or over but under 25 who are subject to learning
15
difficulty assessment.
(3)
For the purposes of this Part a person is subject to learning difficulty
assessment if—
(a)
a learning difficulty assessment has been conducted in respect of the
person, or
20
(b)
arrangements for a learning difficulty assessment to be conducted in
respect of the person have been made or are required to be made.
(4)
In this Part—
“education” includes full-time and part-time education;
“learning difficulty assessment” means an assessment under section 139A
25
or 140 of the Learning and Skills Act 2000 (c. 21) (assessments relating
to learning difficulties);
“training” includes—
(a)
full-time and part-time training;
(b)
vocational, social, physical and recreational training;
30
(c)
apprenticeship training.
(5)
In subsection (4) “apprenticeship training” means training provided in
connection with—
(a)
an apprenticeship agreement (within the meaning given in section 30),
(b)
any other contract of employment, or
35
(c)
any other kind of working in relation to which alternative English
completion conditions apply under section 1(5).
(6)
The references in subsections (1) and (2) to persons—
(a)
aged under 19, or 14 or over but under 19, or
(b)
aged 19 or over but under 25 who are subject to learning difficulty
40
assessment,

do not include persons who are subject to adult detention within the meaning
given in section 118(5).

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
48

Part 4
The Chief Executive of Skills Funding
Chapter 1
Establishment and main duties
The Chief Executive
5
78
The Chief Executive of Skills Funding
(1)
There is to be a Chief Executive of Skills Funding.
(2)
In this Part that person is referred to as “the Chief Executive”.
(3)
The Chief Executive is to be appointed by the Secretary of State.
(4)
Except as provided for in section 103, 104 or 105, the Chief Executive is to
10
perform the functions of the office in relation to England only.
(5)
Schedule 4 makes further provision about the Chief Executive.
Apprenticeship functions
79
Apprenticeship functions
(1)
The Secretary of State may direct the Chief Executive to arrange for
15
apprenticeship functions specified in the direction to be carried out on behalf
of the Chief Executive by a person designated by the Chief Executive.
(2)
The Secretary of State may give directions to the Chief Executive—
(a)
as to the performance of apprenticeship functions;
(b)
as to the description or identity of the person to be designated under
20
subsection (1);
(c)
as to the terms of arrangements under that subsection;
(d)
requiring the Chief Executive to secure that the person designated
under subsection (1) reports to the Secretary of State, in such form and
at such times as may be specified in the direction, on the performance
25
of apprenticeship functions which are the subject of arrangements
under subsection (1).
(3)
A designation of a person under subsection (1) may be made only with the
person’s consent.
(4)
Arrangements made by virtue of subsection (1) may be made on terms that
30
permit sub-delegation; and the power conferred by subsection (2)(c) includes
power to give directions as to—
(a)
the arrangements for any such sub-delegation;
(b)
functions which may be sub-delegated;
(c)
the description or identity of persons to whom functions may be sub-
35
delegated.
(5)
In this section, “apprenticeship functions” means functions of the office which
relate to—

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
49

(a)
apprenticeship certificates issued by the English certifying authority;
(b)
recognised English frameworks and the specification of apprenticeship
standards for England;
(c)
apprenticeship training;
(d)
apprenticeship places (within the meaning of section 85), including
5
functions under section 101 relating to apprenticeship places;
(e)
the provision of advice and assistance to the Secretary of State under
section 102.
(6)
Terms used in subsection (5)(a) and (b) have the same meanings as in Chapter
1 of Part 1.
10
(7)
Regulations may provide—
(a)
for any provision relating to a function of the office made by or under
any Act—
(i)
not to apply, or
(ii)
to apply subject to prescribed modifications,
15

in relation to the function where the function is the subject of
arrangements under subsection (1);
(b)
for references to the Chief Executive in any such provisions to be
construed in prescribed circumstances as, or as including, references—
(i)
to a person designated under subsection (1), or
20
(ii)
to a person to whom functions are sub-delegated under
subsection (3),

subject to such exceptions or modifications as may be prescribed.
Apprenticeship training for persons aged 16 to 18 and certain young adults
80
Apprenticeship training for persons aged 16 to 18 and certain young adults
25
(1)
The Chief Executive may secure the provision of facilities for suitable
apprenticeship training for persons—
(a)
who are over compulsory school age but under 19, or
(b)
who are aged 19 or over but under 25 and are subject to learning
difficulty assessment.
30
(2)
In deciding for the purposes of subsection (1) whether apprenticeship training
is suitable for persons for whom facilities are provided, the Chief Executive
must have regard (in particular) to—
(a)
the persons’ ages, abilities and aptitudes,
(b)
any learning difficulties the persons may have,
35
(c)
the quality of the training,
(d)
the locations and times at which the training is provided.
(3)
In exercising the power conferred by subsection (1), the Chief Executive must
have regard (in particular) to the desirability of—
(a)
encouraging diversity of apprenticeship training available to persons;
40
(b)
increasing opportunities for persons to exercise choice;
(c)
enabling persons to whom Part 1 of the Education and Skills Act 2008
(c. 25) applies to fulfil the duty imposed by section 2 of that Act (duty
to participate in education or training).

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
50

(4)
Subsections (7) and (8) of section 15ZA of the Education Act 1996 (c. 56)
(meaning of learning difficulty) apply for the purposes of this section as they
apply for the purposes of that section.
(5)
In this Part “apprenticeship training” means training provided in connection
with—
5
(a)
an apprenticeship agreement,
(b)
any other contract of employment, or
(c)
any other kind of working in relation to which alternative English
completion conditions apply under section 1(5).
81
Arrangements and co-operation with local education authorities
10
(1)
The Chief Executive may enter into arrangements with local education
authorities in England under which the Chief Executive is to secure the
provision of apprenticeship training by virtue of section 80.
(2)
The Chief Executive must co-operate with a local education authority in
England where the authority is—
15
(a)
making any determination as to the provision of apprenticeship
training that should be secured under section 15ZA(1) of the Education
Act 1996 (duty in respect of education and training for persons over
compulsory school age: England), or
(b)
securing the provision of any apprenticeship training under that
20
section.
82
Encouragement of training provision etc for persons within section 80
(1)
The Chief Executive must—
(a)
encourage employers to participate in the provision of training within
the Chief Executive’s remit for persons who are within section 80(1)(a)
25
or (b);
(b)
encourage employers to contribute to the costs of training within the
Chief Executive’s remit for such persons.
(2)
For the purposes of subsection (1)(a), participating in the provision of training
includes participating by entering into—
30
(a)
an apprenticeship agreement, or
(b)
any other contract of employment in connection with which training is
provided.
Apprenticeship scheme for persons aged 16 to 18
83
Duty to secure availability of apprenticeship places for persons aged 16 to 18
35
(1)
The Chief Executive must exercise the functions conferred by sections 80 to 82
in such a way as to secure that apprenticeship places are available in sufficient
number and variety for there to be suitable apprenticeship places available for
all persons—
(a)
who have elected under section 84 for the apprenticeship scheme, and
40
(b)
for whom places have not already been made available under the
scheme.

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
51

(2)
For the purposes of subsection (1), an apprenticeship place is suitable for a
person if it is—
(a)
in one of the two available sectors chosen by the person under section
84,
(b)
at the appropriate level, and
5
(c)
within the person’s reasonable travel area.
(3)
Regulations may make provision as to circumstances in which an
apprenticeship place is to be treated as having been, or as not having been,
made available for a person under the apprenticeship scheme.
(4)
In securing the provision of facilities for apprenticeship training for the
10
purpose of meeting the requirement imposed by subsection (1) the Chief
Executive must make the best use of the Chief Executive’s resources and in
particular avoid provision which might give rise to disproportionate
expenditure.
(5)
Provision is not to be considered as giving rise to disproportionate expenditure
15
only because that provision is more expensive than comparable provision.
84
Election for apprenticeship scheme
(1)
A person who—
(a)
is over compulsory school age,
(b)
is aged under 19, and
20
(c)
satisfies the apprenticeship scheme requirements at level 2 or level 3
(see section 87),

may elect for the apprenticeship scheme at that level.
(2)
A person who elects for the apprenticeship scheme must choose two available
sectors.
25
(3)
A person who elects for the apprenticeship scheme and satisfies the
apprenticeship scheme requirements both at level 2 and at level 3 must choose
one of those levels.
(4)
The Secretary of State may make arrangements for the making of elections and
choices of apprenticeship sectors and levels under this section.
30
(5)
The Secretary of State may delegate the functions conferred by subsection (4)
(and may do so on terms which allow sub-delegation).
85
Meaning of “apprenticeship place”
(1)
For the purposes of section 83, “apprenticeship place” means a place consisting
of arrangements which—
35
(a)
are arrangements for—
(i)
employment, and
(ii)
training or study,

leading to the issue of an apprenticeship certificate under section 1
relating to an apprenticeship framework (“the related framework”),
40
and
(b)
satisfy subsection (2).

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
52

(2)
The arrangements must relate to each of the English completion conditions
specified in section 1(3) for the issue of apprenticeship certificates relating to
the related framework and must include, in particular—
(a)
arrangements for employment under an English apprenticeship
agreement in connection with the related framework,
5
(b)
arrangements for a course, or courses, of training leading to the
principal qualification identified in the related framework, to be
provided by—
(i)
a college or other institution, or
(ii)
the employer under the apprenticeship agreement, and
10
(c)
in relation to each other qualification specified in the related
framework, arrangements for study or training, whether provided by
means of a course or otherwise.
(3)
A reference to training in subsection (2)(b) or (c) does not include a reference
to training provided by an employer to a person while the person is carrying
15
out work for the employer under an apprenticeship agreement.
86
Suitability and availability of apprenticeship places: further provision
(1)
This section has effect for the purposes of section 83.
(2)
An apprenticeship place is in the apprenticeship sector to which the related
framework (within the meaning of section 85(1)) relates.
20
(3)
An apprenticeship place is at the appropriate level—
(a)
in the case of a person who satisfies the apprenticeship scheme
requirements both at level 2 and at level 3, if the related framework is
at the level chosen by the person under section 84,
(b)
in the case of any other person who satisfies the apprenticeship scheme
25
requirements at level 2, if the related framework is at level 2, and
(c)
in the case of any other person who satisfies the apprenticeship scheme
requirements at level 3, if the related framework is at level 3.
(4)
An apprenticeship place is within a person’s reasonable travel area if the
following are within that area—
30
(a)
the place, or principal place, at which the person would be required to
work under the apprenticeship agreement to which the arrangements
mentioned in section 85(2)(a) relate, and
(b)
the place at which tuition or training would be provided under any
course of study or training to which the arrangements mentioned in
35
section 85(2)(b) or (c) relate.
(5)
In subsection (4), “reasonable travel area”, in relation to a person, means—
(a)
the area specified under subsection (6) in which the person lives, and
(b)
any other area within which it is reasonable for the person’s place of
work, training or study to be located.
40
(6)
The Secretary of State must specify areas into which England is to be divided
for the purposes of subsection (5)(a), and must publish any specification or
revised specification under this subsection.
(7)
An apprenticeship place is not available to a person if the person is not eligible
for appointment to the employment to which the arrangements mentioned in
45
section 85(2)(a) relate because of failure to meet any published criterion.

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
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(8)
In subsection (7), “published criterion” includes any requirement for
employment of the kind in question—
(a)
which is imposed by the employer, and
(b)
about which information is available to persons proposing to apply for
such employment.
5
87
Apprenticeship scheme requirements
(1)
In order to satisfy the apprenticeship scheme requirements at level 2 a person
must—
(a)
hold—
(i)
a specified full level 1 qualification, and
10
(ii)
specified qualifications, at level 1 or above, in English and
mathematics, and
(b)
not hold an apprenticeship certificate or at level 2 or above,

and must be available for employment under an apprenticeship agreement.
(2)
In order to satisfy the apprenticeship scheme requirements at level 3 a person
15
must—
(a)
hold—
(i)
a specified full level 2 qualification, and
(ii)
specified qualifications, at level 2, in English and mathematics,
and
20
(b)
not hold an apprenticeship certificate at level 3 or above,

and must be available for employment under an apprenticeship agreement.
(3)
A reference in this section to any qualification includes a reference to a
qualification (including one awarded by a person outside England) which
appears to the Chief Executive to be at a comparable or higher level.
25
(4)
In this section “apprenticeship certificate” means an apprenticeship certificate
issued under section 1 or 2; and a reference in this section to an apprenticeship
certificate at any level includes a reference to a certificate or other evidence
(including a certificate awarded or evidence provided by a person outside
England) which appears to the Chief Executive to be evidence of experience
30
and attainment at a comparable or higher level.
(5)
Regulations may make provision as to circumstances in which a person is to be
treated as being available, or not being available, for employment under an
apprenticeship agreement.
88
Apprenticeship scheme requirements: interpretation
35
(1)
This section has effect for the purposes of section 87.
(2)
A reference to a specified qualification is to a regulated qualification which is
specified, or which is of a description specified, in regulations.
(3)
“Full level 1 qualification” means a qualification at the level of attainment (in
terms of breadth and depth) which, in the opinion of the Secretary of State, is
40
demonstrated by the General Certificate of Secondary Education in five
subjects.
(4)
A reference to a qualification in English or mathematics at level 1 is to a
qualification in that subject at the level of attainment (in terms of depth) which,