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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Contents of specification of apprenticeship standards for Wales
(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.
5
(2)
The requirements specified by the specification of apprenticeship standards for
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—
10
(i)
include, as a Welsh certificate requirement, the requirement
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
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particular, to descriptions of qualifications or training.
(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
20
30
Meaning of “apprenticeship agreement”
(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
25
“employer”) under the agreement;
(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
30
qualifying apprenticeship framework.
(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
35
agreement;
(c)
to specify all or part of the wording of provisions that must be included
in an apprenticeship agreement.
(4)
Where an agreement states that it is entered into in connection with an
apprenticeship framework (“the relevant framework”) that is not a qualifying
40
apprenticeship framework, subsection (2)(d) is to be taken to be satisfied in
relation to the agreement if—

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Part 1 — Apprenticeships, study and training
Chapter 1 — Apprenticeships
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(a)
at a time within the period of three years ending with the date of the
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
5
the relevant framework,
(c)
before the date of the agreement, the apprentice entered into an
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
10
qualifying apprenticeship framework.
(5)
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
them.
15
(6)
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.
31
Ineffective provisions in an apprenticeship agreement
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(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—
(a)
that are included in the agreement, and
25
(b)
without the inclusion of which the agreement would not satisfy section
30(2)(b).
32
Variation of an apprenticeship agreement
(1)
If a variation to an apprenticeship agreement is within subsection (2), it has
effect only if, before it was made, the employer complied with the requirement
30
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.
(3)
The employer must give the apprentice written notice stating that, if the
35
variation takes effect, the agreement will cease to be an apprenticeship
agreement.
33
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
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contract of apprenticeship.

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Part 1 — Apprenticeships, study and training
Chapter 1 — Apprenticeships
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(2)
To the extent that it would not otherwise be treated as being a contract of
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
5
(1)
Sections 30 to 33 apply in relation to—
(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—
10
(i)
a relevant member of the House of Lords staff, or
(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
15
be prescribed under subsection (5).
(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 254(3), the power conferred by section 30(2)(b)
may be exercised, in particular, to make provision in relation to an
20
apprenticeship agreement which is an agreement within any of paragraphs (a),
(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 any of sections
89 to 97, to apply with modifications in relation to—
25
(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
30
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);
35
“relevant member of the House of Lords staff” has the meaning given by
section 194(6) of that Act.
Careers education in schools: England
35
Careers education
(1)
Section 43 of the Education Act 1997 (c. 44) (provision of careers education in
40
schools) is amended as follows.

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Part 1 — Apprenticeships, study and training
Chapter 1 — Apprenticeships
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(2)
After subsection (2B) insert—
“(2C)
Any consideration for the purposes of subsection (2B) of what advice
would promote the best interests of the pupils concerned must include
consideration of whether it would be in their best interests, or in the
best interests of any of them, to receive advice which relates to
5
apprenticeships.”
(3)
In subsection (3)—
(a)
for “subsection (2B)” substitute “subsections (2B) and (2C)”, and
(b)
before “complied” insert “(or are)”.
(4)
In subsection (6), at the appropriate place insert—
10
““apprenticeship” includes employment and training leading to
the issue of an apprenticeship certificate under Chapter 1 of Part
1 of the Apprenticeships, Skills, Children and Learning Act 2009
by the English certifying authority (within the meaning of that
Chapter);”.
15
Duty to participate in education or training: England
36
Duty to participate in education or training: apprenticeship agreements
(1)
Part 1 of the Education and Skills Act 2008 (duty to participate in education or
training: England) is amended as follows.
(2)
In section 2 (duty to participate), in subsection (1)(b) after “contract of
20
apprenticeship” insert “or an apprenticeship agreement”.
(3)
In section 66 (interpretation of Part 1), in subsection (1)—
(a)
at the appropriate place insert—
““apprenticeship agreement” has the meaning given in section 30
of the Apprenticeships, Skills, Children and Learning Act
25
2009;”;
(b)
in the definition of “contract of employment” after “contract of
apprenticeship” insert “or an apprenticeship agreement”.
General
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Apprenticeship sectors
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(1)
The Secretary of State must by order specify sectors of skill, trade or occupation
for the purposes of this Chapter.
(2)
The sectors specified under subsection (1) must in the opinion of the Secretary
of State encompass the full range of skills, trades and occupations.
38
Interpretation of Chapter
35
(1)
In this Chapter—
“apprenticeship agreement” has the meaning given by section 30(1);
“apprenticeship certificate” means a certificate issued under section 1, 2, 5
or 6;
“apprenticeship framework” has the meaning given by section 10(1);
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Part 1 — Apprenticeships, study and training
Chapter 2 — Study and training
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“apprenticeship sector” means a sector specified under section 37;
“English certifying authority” has the meaning given by section 4;
“English issuing authority”, in relation to an apprenticeship framework,
has the meaning given by section 11(5);
“the principal qualification”, in relation to an apprenticeship framework,
5
means the qualification identified in the framework as being the
principal qualification;
“recognised English framework” has the meaning given by section 10(3);
“recognised Welsh framework” has the meaning given by section 10(4);
“the specification of apprenticeship standards for England” means the
10
specification of apprenticeship standards having effect for the time
being by virtue of an order made by the Secretary of State under section
22 or 23;
“the specification of apprenticeship standards for Wales” means the
specification of apprenticeship standards having effect for the time
15
being by virtue of an order made by the Welsh Ministers under section
26 or 27;
“Welsh certifying authority”, in relation to an apprenticeship certificate of
any description, has the meaning given by section 8(1);
“Welsh issuing authority”, in relation to an apprenticeship framework,
20
has the meaning given by section 16(5).
(2)
References in this Chapter—
(a)
to the level of an apprenticeship framework, or
(b)
to the apprenticeship sector to which an apprenticeship framework
relates,
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are to be construed in accordance with section 10(5).
(3)
References in this Chapter to an employer and an apprentice, in relation to an
apprenticeship agreement, are to be construed in accordance with section 30.
Chapter 2
Study and training
30
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Employer support for employee study and training
(1)
The Employment Rights Act 1996 (c. 18) is amended as follows.
(2)
After Part 6 (time off work) insert—
“Part 6A
Study and training
35
63D
Statutory right to make request in relation to study or training
(1)
A qualifying employee may make an application under this section to
his or her employer.
(2)
An application under this section (a “section 63D application”) is an
application that meets—
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(a)
the conditions in subsections (3) to (5), and

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Part 1 — Apprenticeships, study and training
Chapter 2 — Study and training
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(b)
any further conditions specified by the Secretary of State in
regulations.
(3)
The application must be made for the purpose of enabling the
employee to undertake study or training (or both) within subsection
(4).
5
(4)
Study or training is within this subsection if its purpose is to improve—
(a)
the employee’s effectiveness in the employer’s business, and
(b)
the performance of the employer’s business.
(5)
The application must state that it is an application under this section.
(6)
An employee is a qualifying employee for the purposes of this section
10
if the employee—
(a)
satisfies any conditions about duration of employment
specified by the Secretary of State in regulations, and
(b)
is not a person within subsection (7).
(7)
The following persons are within this subsection—
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(a)
a person of compulsory school age (or, in Scotland, school age);
(b)
a person to whom Part 1 of the Education and Skills Act 2008
(duty to participate in education or training for 16 and 17 year
olds) applies;
(c)
a person who, by virtue of section 29 of that Act, is treated as a
20
person to whom that Part applies for the purposes specified in
that section (extension for person reaching 18);
(d)
a person to whom section 63A of this Act (right to time off for
young person for study or training) applies;
(e)
an agency worker;
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(f)
a person of a description specified by the Secretary of State in
regulations.
(8)
Nothing in this Part prevents an employee and an employer from
making any other arrangements in relation to study or training.
(9)
In this section—
30
“agency worker” means a worker supplied by a person (the
“agent”) to do work for another person (the “principal”) under
a contract or other arrangement between the agent and
principal;
“compulsory school age” has the meaning given in section 8 of the
35
Education Act 1996;
“school age” has the meaning given in section 31 of the Education
(Scotland) Act 1980.
63E
Section 63D application: supplementary
(1)
A section 63D application may—
40
(a)
be made in relation to study or training of any description
(subject to section 63D(3) and (4) and regulations under section
63D(2));
(b)
relate to more than one description of study or training.
(2)
The study or training may (in particular) be study or training that (if
45
undertaken)—

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Part 1 — Apprenticeships, study and training
Chapter 2 — Study and training
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(a)
would be undertaken on the employer’s premises or elsewhere
(including at the employee’s home);
(b)
would be undertaken by the employee while performing the
duties of the employee’s employment or separately;
(c)
would be provided or supervised by the employer or by
5
someone else;
(d)
would be undertaken without supervision;
(e)
would be undertaken within or outside the United Kingdom.
(3)
The study or training need not be intended to lead to the award of a
qualification to the employee.
10
(4)
A section 63D application must—
(a)
give the following details of the proposed study or training—
(i)
its subject matter;
(ii)
where and when it would take place;
(iii)
who would provide or supervise it;
15
(iv)
what qualification (if any) it would lead to;
(b)
explain how the employee thinks the proposed study or
training would improve—
(i)
the employee’s effectiveness in the employer’s business,
and
20
(ii)
the performance of the employer’s business;
(c)
contain information of any other description specified by the
Secretary of State in regulations.
(5)
The Secretary of State may make regulations about—
(a)
the form of a section 63D application;
25
(b)
when a section 63D application is to be taken to be received for
the purposes of this Part.
63F
Employer’s duties in relation to application
(1)
Subsections (4) to (7) apply if—
(a)
an employer receives a section 63D application (the “current
30
application”) from an employee, and
(b)
during the relevant 12 month period the employer has not
received another section 63D application (an “earlier
application”) from the employee.
(2)
The “relevant 12 month period” is the 12 month period ending with the
35
day on which the employer receives the current application.
(3)
The Secretary of State may make regulations about circumstances in
which, at an employee’s request, an employer is to be required to
ignore an earlier application for the purposes of subsection (1).
(4)
The employer must deal with the application in accordance with
40
regulations made by the Secretary of State.
(5)
The employer may refuse a section 63D application only if the
employer thinks that one or more of the permissible grounds for refusal
applies in relation to the application.