Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
53

85
Learning aims for persons aged 19 or over: provision of facilities
(1)
The Chief Executive must secure the provision of proper facilities for relevant
education or training for persons falling within subsection (3) which is suitable
to their requirements.
(2)
Relevant education or training is education or vocational training provided by
5
means of a course of study for a qualification to which paragraph 1 of Schedule
5 applies.
(3)
The persons falling within this subsection are persons who—
(a)
are aged 19 or over, and are not persons aged under 25 who are subject
to learning difficulty assessment,
10
(b)
do not have the qualification in question or one (including one awarded
by a person outside England) which appears to the Chief Executive to
be at a comparable or higher level, and
(c)
satisfy such conditions as may be specified in regulations.
(4)
Facilities are proper if they are—
15
(a)
of a quantity sufficient to meet the reasonable needs of individuals, and
(b)
of a quality adequate to meet those needs.
(5)
In discharging the duty under subsection (1) the Chief Executive must—
(a)
take account of the places where facilities are provided, the character of
facilities and the way they are equipped;
20
(b)
take account of the different abilities and aptitudes of different persons;
(c)
take account of the education and training required in different sectors
of employment for employees and potential employees;
(d)
act with a view to encouraging diversity of education and training
available to individuals;
25
(e)
act with a view to increasing opportunities for individuals to exercise
choice;
(f)
make the best use of the Chief Executive’s resources and in particular
avoid provision which might give rise to disproportionate expenditure.
(6)
Provision is not to be considered as giving rise to disproportionate expenditure
30
only because that provision is more expensive than comparable provision.
(7)
For the purposes of this section—
“education” includes full-time and part-time education;
“training” includes full-time and part-time training.
86
Learning aims for persons aged 19 or over: payment of tuition fees
35
(1)
Functions under this Part must be exercised by the Chief Executive so as to
secure that a course of study for a qualification to which paragraph 1 of
Schedule 5 applies is free to a person falling within subsection (2) if it is
provided for the person by virtue of facilities whose provision is secured under
section 85.
40
(2)
A person falls within this subsection if, at the time of starting the course in
question, the person—
(a)
is aged 19 or over,

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
54

(b)
does not have the qualification in question or one (including one
awarded by a person outside England) which appears to the Chief
Executive to be at a comparable or higher level, and
(c)
satisfies such conditions as may be specified in regulations.
(3)
Functions under this Part must be exercised by the Chief Executive so as to
5
secure that a course of study for a qualification to which paragraph 2 of
Schedule 5 applies is free to a person falling within subsection (4) if it is
provided for the person by virtue of facilities whose provision is secured under
section 84.
(4)
A person falls within this subsection if, at the time of starting the course in
10
question, the person—
(a)
is aged at least 19 but less than 25,
(b)
does not have the qualification in question or one (including one
awarded by a person outside England) which appears to the Chief
Executive to be at a comparable or higher level, and
15
(c)
satisfies such conditions as may be specified in regulations.
(5)
The Secretary of State may by order—
(a)
amend subsection (2)(a) by substituting a different age for the age for
the time being referred to;
(b)
amend subsection (4)(a) by substituting a different age for either of the
20
ages for the time being referred to.
(6)
For the purposes of this section, a course is free to a person if no tuition fees in
respect of the provision of the course for the person are payable by a person
other than—
(a)
the Chief Executive, or
25
(b)
a body specified by order by the Secretary of State for the purposes of
this section.
(7)
In subsection (6) “tuition fees”, in relation to a course, means—
(a)
the fees charged in respect of the course by the person providing it, and
(b)
such fees in respect of other matters relating to the course (such as
30
undergoing a preliminary assessment or sitting an examination) as may
be specified in regulations.
87
Sections 85 and 86: supplementary
(1)
Regulations may make provision as to circumstances in which—
(a)
despite having a specified qualification, a person is to be treated for the
35
purposes of section 85 or 86 as not having that qualification;
(b)
despite not having a specified qualification, a person is to be treated for
any of those purposes as having that qualification.
(2)
A condition specified in regulations under section 85 or 86 may, in particular,
relate to—
40
(a)
the possession, or lack, of a specified qualification;
(b)
the completion of, or failure to complete, a course for a specified
qualification.
(3)
A reference in subsection (1) or (2) to a specified qualification is to a
qualification specified, or of a description specified, in the regulations.
45

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
55

(4)
Regulations under this section, or under section 85 or 86, may confer a function
(which may relate to the administration of an assessment and may include the
exercise of a discretion) on a person specified, or of a description specified, in
the regulations.
(5)
Nothing in section 85 or 86 applies to the provision of facilities, or to courses of
5
study, for persons subject to adult detention.
(6)
Part 2 of Schedule 5 makes further provision for the purposes of sections 85
and 86.
88
Encouragement of education and training for persons aged 19 or over and
others subject to adult detention
10
(1)
The Chief Executive must—
(a)
encourage participation by persons within section 84(1)(a) in education
and training within the Chief Executive’s remit;
(b)
encourage employers to participate in the provision of education and
training within the Chief Executive’s remit for persons within section
15
84(1)(a)(i);
(c)
encourage employers to contribute to the costs of education and
training within the Chief Executive’s remit for such persons.
(2)
For the purposes of subsection (1)(b), participating in the provision of training
includes participating by entering into—
20
(a)
an apprenticeship agreement, or
(b)
any other contract of employment in connection with which training is
provided.
The apprenticeship scheme
89
Duty to secure availability of apprenticeship places
25
(1)
The Chief Executive must exercise the functions of the office 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 90 for the apprenticeship scheme, and
(b)
for whom places have not already been made available under the
30
scheme.
(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
90,
35
(b)
at the appropriate level, and
(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.
40
(4)
In securing the provision of facilities for apprenticeship training for the
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

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
56

particular avoid provision which might give rise to disproportionate
expenditure.
(5)
Provision is not to be considered as giving rise to disproportionate expenditure
only because that provision is more expensive than comparable provision.
90
Election for apprenticeship scheme
5
(1)
A person who—
(a)
is within subsection (2) or (3), and
(b)
satisfies the apprenticeship scheme requirements at level 2 or level 3
(see section 93),

may elect for the apprenticeship scheme at that level.
10
(2)
A person within this subsection is one who—
(a)
is over compulsory school age, and
(b)
is aged under 19.
(3)
A person within this subsection is one who is not within subsection (2) and—
(a)
is a person aged under 21 towards whom a local authority in England
15
has the duties provided for in section 23C of the Children Act 1989
(c. 41) (continuing functions in respect of certain formerly looked after
children), or
(b)
is a person to whom section 23CA of that Act applies, in relation to
whom a local authority in England is the responsible local authority
20
(within the meaning of that section).
(4)
A person who elects for the apprenticeship scheme must choose two available
sectors.
(5)
A person who elects for the apprenticeship scheme and satisfies the
apprenticeship scheme requirements both at level 2 and at level 3 must choose
25
one of those levels.
(6)
The Secretary of State may make arrangements for the making of elections and
choices of apprenticeship sectors and levels under this section.
(7)
The Secretary of State may delegate the functions conferred by subsection (6)
(and may do so on terms which allow sub-delegation).
30
91
Meaning of “apprenticeship place”
(1)
For the purposes of section 89, “apprenticeship place” means a place consisting
of arrangements which—
(a)
are arrangements for—
(i)
employment, and
35
(ii)
training or study,

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

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
57

(a)
arrangements for employment under an English apprenticeship
agreement in connection with the related framework,
(b)
arrangements for a course, or courses, of training leading to the
principal qualification identified in the related framework, to be
provided by—
5
(i)
a college or other institution, or
(ii)
the employer under the apprenticeship agreement, and
(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.
10
(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
out work for the employer under an apprenticeship agreement.
92
Suitability and availability of apprenticeship places: further provision
(1)
This section has effect for the purposes of section 89.
15
(2)
An apprenticeship place is in the apprenticeship sector to which the related
framework (within the meaning of section 91(1)) relates.
(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
20
at the level chosen by the person under section 90,
(b)
in the case of any other person who satisfies the apprenticeship scheme
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.
25
(4)
An apprenticeship place is within a person’s reasonable travel area if the
following are within that area—
(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 91(2)(a) relate, and
30
(b)
the place at which tuition or training would be provided under any
course of study or training to which the arrangements mentioned in
section 91(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
35
(b)
any other area within which it is reasonable for the person’s place of
work, training or study to be located.
(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.
40
(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
section 91(2)(a) relate because of failure to meet any published criterion.
(8)
In subsection (7), “published criterion” includes any requirement for
employment of the kind in question—
45
(a)
which is imposed by the employer, and

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
58

(b)
about which information is available to persons proposing to apply for
such employment.
93
Apprenticeship scheme requirements
(1)
In order to satisfy the apprenticeship scheme requirements at level 2 a person
must—
5
(a)
hold—
(i)
a specified full level 1 qualification, and
(ii)
specified qualifications, at level 1 or above, in English and
mathematics, and
(b)
not hold an apprenticeship certificate at level 2 or above,
10

and must be available for employment under an apprenticeship agreement.
(2)
In order to satisfy the apprenticeship scheme requirements at level 3 a person
must—
(a)
hold—
(i)
a specified full level 2 qualification, and
15
(ii)
specified qualifications, at level 2, in English and mathematics,
and
(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
20
qualification (including one awarded by a person outside England) which
appears to the Chief Executive to be at a comparable or higher level.
(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
25
(including a certificate awarded or evidence provided by a person outside
England) which appears to the Chief Executive to be evidence of experience
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
30
apprenticeship agreement.
94
Apprenticeship scheme requirements: interpretation
(1)
This section has effect for the purposes of section 93.
(2)
A reference to a specified qualification is to a regulated qualification which is
specified, or which is of a description specified, in regulations.
35
(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
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
40
qualification in that subject at the level of attainment (in terms of depth) which,
in the opinion of the Secretary of State, is demonstrated by the General
Certificate of Secondary Education in that subject.

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 1 — Establishment and main duties
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(5)
“Full level 2 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
demonstrated by the General Certificate of Secondary Education in five
subjects, each at Grade C or above.
(6)
A reference to a qualification in English or mathematics at level 2 is to a
5
qualification in that subject at the level of attainment (in terms of depth) which,
in the opinion of the Secretary of State, is demonstrated by the General
Certificate of Secondary Education in that subject at Grade C or above.
(7)
In subsection (2), “regulated qualification” has the meaning given by section
128.
10
(8)
The Secretary of State may, by order, amend this section so as to substitute a
different qualification for a qualification for the time being referred to in
subsection (3), (4), (5) or (6).
95
Suspension of scheme
(1)
The Secretary of State may by order suspend the apprenticeship scheme in an
15
area specified in the order, for a period so specified—
(a)
in relation to a particular apprenticeship sector, or
(b)
in relation to a particular apprenticeship sector at a particular level.
(2)
The period specified in an order under subsection (1) must not exceed 2 years.
(3)
An apprenticeship sector is an available sector, in relation to a person’s election
20
under section 90 for the apprenticeship scheme at a particular level, unless the
person lives in an area in which the apprenticeship scheme is suspended in
relation to that sector at that level.
96
Power to amend apprenticeship scheme
The Secretary of State may by order amend—
25
(a)
the age for the time being specified in section 90(2)(b);
(b)
any of the requirements specified in section 93.
97
Apprenticeship scheme: interpretation
(1)
In sections 89 to 96—
“apprenticeship framework” has the meaning given by section 10;
30
“apprenticeship sector” means a sector specified under section 37;
“available sector” has the meaning given by section 95;
“English apprenticeship agreement” has the meaning given by section 1.
(2)
References in sections 89 to 96 to—
(a)
the level of an apprenticeship framework, or
35
(b)
the apprenticeship sector to which an apprenticeship framework
relates,

are to be read in accordance with section 10(5).