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Apprenticeships, Skills, Children and Learning Bill


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

1

 

A

Bill

[AS AMENDED IN PUBLIC BILL COMMITTEE]

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

 

Bill 78                                                                                                 

54/4

 
 

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

2

 

(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 3).

5

(2)   

The applicable conditions are—

(a)   

the English completion conditions, or

(b)   

if alternative English completion conditions prescribed under

subsection (5) apply in the person’s case, those conditions.

(3)   

The English completion conditions are—

10

(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

English framework;

(c)   

that the person has completed a course of training for the principal

15

qualification identified in the framework;

(d)   

that, throughout the duration of the course, the person was working

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

20

apprenticeship certificate.

(4)   

In subsection (3)(d)—

(a)   

the reference to the English apprenticeship agreement mentioned in

subsection (3)(a) includes a reference to any apprenticeship agreement

which the person subsequently entered into in connection with the

25

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

of training for the principal qualification, as a reference to both or all of

them.

30

(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.

(6)   

The kinds of working in relation to which provision may be made under

subsection (5) include working—

35

(a)   

as a self-employed person;

(b)   

otherwise than for reward.

(7)   

An “English apprenticeship agreement”, for the purposes of this section, is an

apprenticeship agreement under which a person undertakes to work wholly or

mainly in England.

40

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

prescribed manner if—

(a)   

it appears to the authority that at the date of the application the person

45

met the requirements specified in the framework for the purpose of the

issue of an apprenticeship certificate,

 
 

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

3

 

(b)   

the framework is, or has been, a recognised English framework, and

(c)   

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

5

certificate (see section 3).

3       

Issue of certificates by the English certifying authority: supplementary

(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

10

certificates issued under section 1 or 2.

(3)   

Regulations under subsection (2) may include provision authorising the

English certifying authority to charge a fee for supplying a copy of an

apprenticeship certificate.

4       

The English certifying authority

15

In this Chapter, the “English certifying authority” means the Chief Executive of

Skills Funding.

Apprenticeship certificates: Wales

5       

Duty to issue apprenticeship certificates: Wales

(1)   

The Welsh certifying authority must issue a certificate relating to an

20

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

(b)   

the person—

25

(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).

(2)   

The applicable conditions are—

30

(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—

(a)   

that the person has entered into a Welsh apprenticeship agreement in

35

connection with the apprenticeship framework;

(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;

40

(d)   

that, throughout the duration of the course, the person was working

under that agreement, and

 
 

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

4

 

(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 Welsh apprenticeship agreement mentioned in

5

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

10

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

otherwise than under a Welsh apprenticeship agreement.

15

(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)   

The “prescribed manner” for the purposes of subsection (1), is the manner

20

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.

6       

Power to issue apprenticeship certificates: Wales

25

(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

met the requirements specified in the framework for the purpose of the

30

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

the authority requires the person to provide, and

35

(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.

7       

Issue of certificates by the Welsh certifying authority: supplementary

40

(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

supply of copies of apprenticeship certificates issued under section 5 or 6.

45

 
 

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

5

 

(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

apprenticeship certificate of any description, means—

5

(a)   

the person (if any) designated under this section to issue

apprenticeship certificates of that description;

(b)   

if there is no-one within paragraph (a), the person (if any) designated

under this section to issue apprenticeship certificates generally;

(c)   

if there is no-one within paragraph (a) or (b), the Welsh Ministers.

10

(2)   

A person designated under this section 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.

(3)   

“Designated” means designated by an order made by the Welsh Ministers.

15

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,

20

(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.

25

(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.

30

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).

35

(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.

 
 

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

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(3)   

In this Chapter, “recognised English framework” means an apprenticeship

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

5

withdrawn under section 17(2).

(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 stated

10

in it.

Apprenticeship frameworks: England

11      

English issuing authority

(1)   

The Secretary of State may designate a person—

(a)   

to issue apprenticeship frameworks generally, or

15

(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.

20

(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)   

A designation under this section may be amended or revoked by the Secretary

25

of State.

(5)   

In this Chapter the “English issuing authority”, in relation to an apprenticeship

framework, means the person designated under this section to issue

frameworks of that description.

12      

Issue of apprenticeship frameworks etc.: England

30

(1)   

The English issuing authority may issue an apprenticeship framework that the

authority is satisfied meets the requirements specified, by the specification of

apprenticeship standards for England, for recognised English frameworks of

that description.

(2)   

Recognition of a recognised English framework may be withdrawn—

35

(a)   

by the English issuing authority, or

(b)   

if there is no English issuing authority in relation to the framework, by

the Secretary of State.

13      

Recognised English frameworks: notification and publication requirements

(1)   

On issuing an apprenticeship framework under section 12(1), the English

40

issuing authority must—

 
 

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

7

 

(a)   

publish the framework;

(b)   

notify the Chief Executive of Skills Funding of the issue of the

framework.

(2)   

A notice given under subsection (1)(b) must be accompanied by a copy of the

framework.

5

(3)   

A person who withdraws recognition of an apprenticeship framework under

section 12(2) must—

(a)   

publish a notice stating that recognition of the framework has been

withdrawn;

(b)   

notify the Chief Executive of Skills Funding of the withdrawal.

10

(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.

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

15

authority, and

(b)   

requests that the authority issue a framework in the form of the draft.

(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

20

must give the person reasons for its decision.

15      

Transitional provision for apprenticeship frameworks: England

(1)   

The Secretary of State may by order provide for an existing vocational

specification to be treated, for all purposes or for purposes specified in the

order, as if it were an apprenticeship framework issued under section 12(1) that

25

specified requirements for the purpose of the issue of apprenticeship

certificates.

(2)   

For the purposes of its application in relation to an existing vocational

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

30

subject to any modifications specified in the order.

(3)   

An order under subsection (1) must—

(a)   

specify a date on which the deemed framework is to be treated as being

issued under section 12(1);

(b)   

specify a date on which recognition of the deemed framework is to be

35

treated as having been withdrawn under section 12(2);

(c)   

specify a qualification that the deemed framework is to be treated as

identifying as the principal qualification;

(d)   

specify the level and apprenticeship sector that are to be treated as

being stated in the deemed framework.

40

(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.

 
 

 
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