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