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
5

7
Issue of certificates by the Welsh certifying authority: supplementary
(1)
The Welsh 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 made
by the Welsh Ministers.
(2)
Regulations made by the Welsh Ministers may make provision about the
5
supply of copies of apprenticeship certificates issued under section 5 or 6.
(3)
Regulations under subsection (2) may include provision authorising a person
supplying a copy of an apprenticeship certificate to charge a fee for doing so.
8
The Welsh certifying authority
(1)
In this Chapter, “the Welsh certifying authority”, in relation to an
10
apprenticeship certificate of any description, means—
(a)
the person (if any) designated by the Welsh Ministers to issue
apprenticeship certificates of that description;
(b)
if there is no-one within paragraph (a), the person (if any) designated
by the Welsh Ministers to issue apprenticeship certificates generally;
15
(c)
if there is no-one within paragraph (a) or (b), the Welsh Ministers.
(2)
A person designated by the Welsh Ministers to issue apprenticeship certificates
must, in exercising functions under this Chapter—
(a)
comply with directions given by the Welsh Ministers, and
(b)
have regard to guidance given by the Welsh Ministers.
20
Contents of an apprenticeship certificate: England and Wales
9
Contents of apprenticeship certificate
(1)
An apprenticeship certificate must state—
(a)
the name of the person to whom it is issued,
(b)
the apprenticeship framework to which it relates,
25
(c)
the level of that framework, and
(d)
the apprenticeship sector to which that framework relates.
(2)
An apprenticeship certificate must also state such other matters as the
appropriate national authority may by regulations require to be stated in a
certificate of that description.
30
(3)
The appropriate national authority, for the purposes of subsection (2), is—
(a)
in relation to a certificate issued under section 1 or 2, the Secretary of
State;
(b)
in relation to a certificate issued under section 5 or 6, the Welsh
Ministers.
35
Apprenticeship frameworks: England and Wales
10
Apprenticeship frameworks: interpretation
(1)
In this Chapter, “apprenticeship framework” means a specification of
requirements, for the purpose of the issue of apprenticeship certificates, that
satisfies subsection (2).
40

Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 1 — Apprenticeships
6

(2)
The requirements specified must—
(a)
be at a particular level stated in the specification, and
(b)
relate to a particular skill, trade or occupation included in an
apprenticeship sector stated in the specification.
(3)
In this Chapter, “recognised English framework” means an apprenticeship
5
framework issued under section 12(1) from which recognition has not been
withdrawn under section 12(2).
(4)
In this Chapter, “recognised Welsh framework” means an apprenticeship
framework issued under section 17(1) from which recognition has not been
withdrawn under section 17(2).
10
(5)
For the purposes of this Chapter—
(a)
an apprenticeship framework is at the level of the requirements stated
in it;
(b)
an apprenticeship framework relates to the apprenticeship sector that
includes the skill, trade or occupation in relation to which it specifies
15
requirements.
Apprenticeship frameworks: England
11
English issuing authority
(1)
The Secretary of State may designate a person—
(a)
to issue apprenticeship frameworks generally, or
20
(b)
to issue apprenticeship frameworks relating to a particular
apprenticeship sector.
(2)
The power conferred by this section must be exercised so as to secure that, at
any time, only one person is designated by the Secretary of State to issue
apprenticeship frameworks relating to a particular apprenticeship sector.
25
(3)
A person designated under this section must, in exercising functions under this
Chapter—
(a)
comply with directions given by the Secretary of State;
(b)
have regard to guidance given by the Secretary of State.
(4)
In this Chapter “the English issuing authority”, in relation to an apprenticeship
30
framework, means the person designated under this section to issue
frameworks of that description.
12
Issue of apprenticeship frameworks etc.: England
(1)
The English issuing authority may issue an apprenticeship framework that the
authority is satisfied meets the requirements specified, by the specification of
35
apprenticeship standards for England, for recognised English frameworks of
that description.
(2)
Recognition of a recognised English framework may be withdrawn—
(a)
by the English issuing authority, or
(b)
if there is no English issuing authority in relation to the framework, by
40
the Secretary of State.

Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 1 — Apprenticeships
7

13
Recognised English frameworks: notification and publication requirements
(1)
On issuing an apprenticeship framework under section 12(1), the English
issuing authority must—
(a)
publish the framework;
(b)
notify the Chief Executive of Skills Funding of the issue of the
5
framework.
(2)
A notice given under subsection (1)(b) must be accompanied by a copy of the
framework.
(3)
A person who withdraws recognition of an apprenticeship framework under
section 12(2) must—
10
(a)
publish a notice stating that recognition of the framework has been
withdrawn;
(b)
notify the Chief Executive of Skills Funding of the withdrawal.
(4)
Where this section imposes a duty on a person to publish a framework or
notice, the publication may be in such manner as the person thinks fit.
15
14
Submission of draft apprenticeship framework for issue: England
(1)
This section applies if a person—
(a)
submits a draft of an apprenticeship framework to the English issuing
authority, and
(b)
requests that the authority issue a framework in the form of the draft.
20
(2)
The authority may require the person to provide such information and
evidence in connection with the draft as the authority thinks appropriate.
(3)
If the authority decides not to issue a framework in the form of the draft, it
must give the person reasons for its decision.
15
Transitional provision for apprenticeship frameworks: England
25
(1)
The Secretary of State may by order provide for an existing vocational
specification to be treated, for the purposes of this Chapter, as if it were an
apprenticeship framework issued under section 12(1) that specified
requirements for the purpose of the issue of apprenticeship certificates.
(2)
For the purposes of its application in relation to an existing vocational
30
specification that, by virtue of an order under subsection (1), is treated as an
apprenticeship framework issued under section 12(1), this Chapter has effect
subject to any modifications specified in the order.
(3)
An order under subsection (1) must—
(a)
specify a date on which, for the purposes of this Chapter, the deemed
35
framework is to be treated as being issued under section 12(1);
(b)
specify a date on which, for the purposes of this Chapter, recognition of
the deemed framework is to be treated as having been withdrawn
under section 12(2);
(c)
specify a qualification that, for the purposes of this Chapter, the
40
deemed framework is to be treated as identifying as the principal
qualification;
(d)
specify the level and sector that are to be treated, for the purposes of
this Chapter, as being stated in the deemed framework.

Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 1 — Apprenticeships
8

(4)
The date specified under subsection (3)(b) in an order under subsection (1)
must be no later than the day after the day that is the school leaving date for
2013.
(5)
In this section—
“the deemed framework”, in relation to an order under subsection (1),
5
means an existing vocational specification that, by virtue of the order,
is treated as an apprenticeship framework issued under section 12(1);
“existing vocational specification” means a specification, prepared before
the coming into force of section 12, of training, qualifications and skills
appropriate for persons engaging in a particular trade, skill or
10
occupation.
(6)
Nothing in this section limits the powers conferred by sections 248 and 251.
Apprenticeship frameworks: Wales
16
Welsh issuing authority
(1)
The Welsh Ministers may designate a person—
15
(a)
to issue apprenticeship frameworks generally, or
(b)
to issue apprenticeship frameworks relating to a particular
apprenticeship sector.
(2)
The power conferred by this section must be exercised so as to secure that, at
any time, only one person is designated by the Welsh Ministers to issue
20
apprenticeship frameworks relating to a particular apprenticeship sector.
(3)
A person designated under this section must, in exercising functions under this
Chapter—
(a)
comply with directions given by the Welsh Ministers;
(b)
have regard to guidance given by the Welsh Ministers.
25
(4)
In this Chapter “the Welsh issuing authority”, in relation to an apprenticeship
framework, means the person designated under this section to issue
frameworks of that description.
17
Issue of apprenticeship framework etc.: Wales
(1)
The Welsh issuing authority may issue an apprenticeship framework that the
30
authority is satisfied meets the requirements specified, by the specification of
apprenticeship standards for Wales, for recognised Welsh frameworks of that
description.
(2)
Recognition of a recognised Welsh framework may be withdrawn—
(a)
by the Welsh issuing authority, or
35
(b)
if there is no Welsh issuing authority in relation to the framework, by
the Welsh Ministers.
18
Recognised Welsh frameworks: notification and publication requirements
(1)
On issuing an apprenticeship framework under section 17(1), the Welsh
issuing authority must—
40
(a)
publish the framework;

Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 1 — Apprenticeships
9

(b)
notify the Welsh Ministers of the issue of the framework.
(2)
A notice given under subsection (1)(b) must be accompanied by a copy of the
framework.
(3)
A person who withdraws recognition of an apprenticeship framework under
section 17(2) must—
5
(a)
publish a notice stating that recognition of the framework has been
withdrawn;
(b)
notify the Welsh Ministers of the withdrawal.
(4)
Where this section imposes a duty on a person to publish a framework or
notice, the publication may be in such manner as the person thinks fit.
10
19
Submission of draft apprenticeship framework for issue: Wales
(1)
This section applies if a person—
(a)
submits a draft of an apprenticeship framework to the Welsh issuing
authority, and
(b)
requests that the authority issue a framework in the form of the draft.
15
(2)
The authority may require the person to provide such information and
evidence in connection with the draft as the authority thinks appropriate.
(3)
If the authority decides not to issue a framework in the form of the draft, it
must give the person reasons for its decision.
20
Transitional provision for apprenticeship frameworks: Wales
20
(1)
The Welsh Ministers may by order provide for an existing vocational
specification to be treated, for the purposes of this Chapter, as if it were an
apprenticeship framework issued under section 17(1) that specified
requirements for the purpose of the issue of apprenticeship certificates.
(2)
For the purposes of its application in relation to an existing vocational
25
specification that, by virtue of an order under subsection (1), is treated as an
apprenticeship framework issued under section 17(1), this Chapter has effect
subject to any modifications specified in the order.
(3)
An order under subsection (1) must—
(a)
specify a date on which, for the purposes of this Chapter, the deemed
30
framework is to be treated as being issued under section 17(1);
(b)
specify a date on which, for the purposes of this Chapter, recognition of
the deemed framework is to be treated as having been withdrawn
under section 17(2);
(c)
specify a qualification that, for the purposes of this Chapter, the
35
deemed framework is to be treated as identifying as the principal
qualification;
(d)
specify the level and sector that are to be treated, for the purposes of
this Chapter, as being stated in the deemed framework.
(4)
The date specified under subsection (3)(b) in an order under subsection (1)
40
must be no later than the day after the day that is the school leaving date for
2013.
(5)
In this section—

Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 1 — Apprenticeships
10

“the deemed framework”, in relation to an order under subsection (1),
means an existing vocational specification that, by virtue of the order,
is treated as being an apprenticeship framework issued under section
17(1);
“existing vocational specification” means a specification, prepared before
5
the coming into force of section 17, of training, qualifications and skills
appropriate for persons engaging in a particular trade, skill or
occupation.
(6)
Nothing in this section limits the powers conferred by section 248.
Specification of apprenticeship standards: England
10
21
Duty to prepare and submit draft specification of apprenticeship standards:
England
(1)
If the Secretary of State so directs, the Chief Executive of Skills Funding must—
(a)
prepare a draft specification of apprenticeship standards, and
(b)
submit it to the Secretary of State.
15
(2)
In preparing the draft, the Chief Executive must consult such persons as the
Chief Executive thinks appropriate.
(3)
A direction under subsection (1) may specify the date by which a draft must be
submitted to the Secretary of State.
(4)
Subsection (2) does not apply in relation to the first draft specification to be
20
prepared by the Chief Executive after the commencement of this section.
22
Order bringing specification of apprenticeship standards for England into
effect
(1)
Where a draft specification of apprenticeship standards has been submitted
under section 21, the Secretary of State may by order provide that a
25
specification of apprenticeship standards (“the specification of apprenticeship
standards for England”) is to have effect—
(a)
in the form of the draft, or
(b)
in that form with such modifications as the Secretary of State thinks
appropriate.
30
(2)
The Secretary of State may not make an order under subsection (1) unless
satisfied that the specification of apprenticeship standards given effect to by
the order complies with section 25.
(3)
The power conferred by subsection (1) is to be exercised so as to secure that at
any time only one specification of apprenticeship standards has effect as the
35
specification of apprenticeship standards for England.
23
Modification of specification of apprenticeship standards for England
(1)
If the Secretary of State so directs, the Chief Executive of Skills Funding must—
(a)
prepare draft modifications to the specification of apprenticeship
standards for England, and
40
(b)
submit the modifications to the Secretary of State.

Apprenticeships, Skills, Children and Learning Bill
Part 1 — Apprenticeships, study and training
Chapter 1 — Apprenticeships
11

(2)
A direction given under subsection (1) may specify the date by which the draft
modifications must be submitted to the Secretary of State.
(3)
Where draft modifications to a specification of apprenticeship standards have
been submitted under subsection (1), the Secretary of State may by order
provide that the specification of apprenticeship standards for England is to
5
have effect with those modifications.
(4)
The Secretary of State may not make an order under subsection (3) providing
that the specification of apprenticeship standards for England is to have effect
with modifications unless satisfied that the specification, as so modified, meets
the requirements of section 25.
10
24
Replacement or modification of specification of apprenticeship standards:
recognised English frameworks
(1)
Subject to subsection (2), a recognised English framework does not cease to be
a recognised English framework if, by virtue of an order under section 22 or 23,
it ceases to meet the requirements specified for frameworks of its description
15
by the specification of apprenticeship standards for England.
(2)
An order under section 22 may provide for an apprenticeship framework
which—
(a)
immediately before the making of the order is a recognised English
framework, but
20
(b)
does not meet the requirements specified for frameworks of its
description by the specification of apprenticeship standards for
England to which the order gives effect,

to cease to have effect as a recognised English framework.
25
Contents of specification of apprenticeship standards for England
25
(1)
The specification of apprenticeship standards for England—
(a)
must specify requirements to be met by recognised English
frameworks,
(b)
may specify different requirements in relation to recognised English
frameworks at different levels, and
30
(c)
must, in particular, specify requirements in relation to—
(i)
recognised English frameworks at level 2, and
(ii)
recognised English frameworks at level 3.
(2)
The requirements specified by the specification of apprenticeship standards for
England must include—
35
(a)
requirements as to English certificate requirements, including
requirements as to standards of attainment to be required by them, and
(b)
requirements for a recognised English framework to—
(i)
include, as an English certificate requirement, the requirement
that one or more qualifications be held, and
40
(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.