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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

8

 

(5)   

In this section—

“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 an apprenticeship framework issued under section 12(1);

“existing vocational specification” means a specification, prepared before

5

the coming into force of section 12, 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 sections 254 and 257.

Apprenticeship frameworks: Wales

10

16      

Welsh issuing authority

(1)   

The Welsh Ministers may designate a person—

(a)   

to issue apprenticeship frameworks generally, or

(b)   

to issue apprenticeship frameworks relating to a particular

apprenticeship sector.

15

(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

apprenticeship frameworks relating to a particular apprenticeship sector.

(3)   

A person designated under this section must, in exercising functions under this

Chapter—

20

(a)   

comply with directions given by the Welsh Ministers;

(b)   

have regard to guidance given by the Welsh Ministers.

(4)   

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

Ministers.

(5)   

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

25

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

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

30

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Recognition of a recognised Welsh framework may be withdrawn—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

(b)   

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

35

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—

(a)   

publish the framework;

40

(b)   

notify the Welsh Ministers of the issue of the framework.

 
 

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

9

 

(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—

(a)   

publish a notice stating that recognition of the framework has been

5

withdrawn;

(b)   

in the case of withdrawal otherwise than by the Welsh Ministers, 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 all purposes or for purposes specified in the

order, as if it were an apprenticeship framework issued under section 17(1) that

specified requirements for the purpose of the issue of apprenticeship

certificates.

25

(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 17(1), this Chapter has effect

subject to any modifications specified in the order.

(3)   

An order under subsection (1) must—

30

(a)   

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

issued under section 17(1);

(b)   

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

treated as having been withdrawn under section 17(2);

(c)   

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

35

identifying as the principal qualification;

(d)   

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

being stated in the deemed framework.

(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

40

2013.

(5)   

In this section—

“the deemed framework”, in relation to an order under subsection (1),

means an existing vocational specification that, by virtue of the order,

 
 

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

10

 

is treated as being an apprenticeship framework issued under section

17(1);

“existing vocational specification” means a specification, prepared before

the coming into force of section 17, of training, qualifications and skills

appropriate for persons engaging in a particular trade, skill or

5

occupation.

(6)   

Nothing in this section limits the powers conferred by section 254.

Specification of apprenticeship standards: England

21      

Duty to prepare and submit draft specification of apprenticeship standards:

England

10

(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.

(2)   

In preparing the draft, the Chief Executive must consult such persons as the

Chief Executive thinks appropriate.

15

(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

prepared by the Chief Executive after the commencement of this section.

22      

Order bringing specification of apprenticeship standards for England into

20

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

specification of apprenticeship standards (“the specification of apprenticeship

standards for England”) is to have effect—

25

(a)   

in the form of the draft, or

(b)   

in that form with such modifications as the Secretary of State thinks

appropriate.

(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

30

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

specification of apprenticeship standards for England.

23      

Modification of specification of apprenticeship standards for England

35

(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

(b)   

submit the modifications to the Secretary of State.

(2)   

A direction given under subsection (1) may specify the date by which the draft

40

modifications must be submitted to the Secretary of State.

 
 

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

11

 

(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

have effect with those modifications.

(4)   

The Secretary of State may not make an order under subsection (3) providing

5

that the specification of apprenticeship standards for England is to have effect

with modifications unless satisfied that the specification, as so modified,

complies with section 25.

24      

Replacement or modification of specification of apprenticeship standards:

recognised English frameworks

10

(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

by the specification of apprenticeship standards for England.

(2)   

An order under section 22 may provide for an apprenticeship framework

15

which—

(a)   

immediately before the making of the order is a recognised English

framework, but

(b)   

does not meet the requirements specified for frameworks of its

description by the specification of apprenticeship standards for

20

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

(1)   

The specification of apprenticeship standards for England—

(a)   

must specify requirements to be met by recognised English

25

frameworks,

(b)   

may specify different requirements in relation to recognised English

frameworks at different levels, and

(c)   

must, in particular, specify requirements in relation to—

(i)   

recognised English frameworks at level 2, and

30

(ii)   

recognised English frameworks at level 3.

(2)   

The requirements specified by the specification of apprenticeship standards for

England must include—

(a)   

requirements as to English certificate requirements, including

requirements as to standards of attainment to be required by them, and

35

(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

(ii)   

identify that qualification, or one of those qualifications, as the

principal qualification in relation to the framework.

40

(3)   

Requirements as to standards of attainment may be specified by reference, in

particular, to descriptions of qualifications or training.

(4)   

In this section, “English certificate requirement” means a requirement specified

in a recognised English framework for the purpose of the issue of

 
 

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

12

 

apprenticeship certificates relating to that framework by the English certifying

authority.

Specification of apprenticeship standards: Wales

26      

Specification of apprenticeship standards for Wales

(1)   

The Welsh Ministers may prepare a draft specification of apprenticeship

5

standards.

(2)   

In preparing the draft, the Welsh Ministers must consult such persons as they

think appropriate.

(3)   

Having prepared a draft, the Welsh Ministers may by order provide that a

specification of apprenticeship standards (“the specification of apprenticeship

10

standards for Wales”) is to have effect—

(a)   

in the form of the draft, or

(b)   

in that form with such modifications as the Welsh Ministers think

appropriate.

(4)   

Subsection (2) does not apply in relation to the first draft specification to be

15

prepared by the Welsh Ministers after the commencement of this section.

(5)   

The Welsh Ministers may not make an order under subsection (3) unless

satisfied that the specification of apprenticeship standards given effect to by

the order complies with section 29.

(6)   

The power conferred by subsection (3) is to be exercised so as to secure that at

20

any time only one specification of apprenticeship standards has effect as the

specification of apprenticeship standards for Wales.

27      

Modification of specification of apprenticeship standards for Wales

(1)   

The Welsh Ministers may by order provide that the specification of

apprenticeship standards for Wales is to have effect subject to modifications

25

specified in the order.

(2)   

The Welsh Ministers may not make an order under this section unless satisfied

that the specification, as so modified, complies with section 29.

28      

Replacement or modification of specification of apprenticeship standards:

recognised Welsh frameworks

30

(1)   

Subject to subsection (2), a recognised Welsh framework does not cease to be a

recognised Welsh framework if, by virtue of an order under section 26 or 27, it

ceases to meet the requirements specified for frameworks of its description by

the specification of apprenticeship standards for Wales.

(2)   

An order under section 26 may provide for an apprenticeship framework

35

which—

(a)   

immediately before the making of the order is a recognised Welsh

framework, but

(b)   

does not meet the requirements specified for frameworks of its

description by the specification of apprenticeship standards for Wales

40

to which the order gives effect,

   

to cease to have effect as a recognised Welsh framework.

 
 

 
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