|
| |
|
| |
“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 |
| |
| |
(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 |
| |
| 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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(2) | Recognition of a recognised Welsh framework may be withdrawn— |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 |
| |
18 | Recognised Welsh frameworks: notification and publication requirements |
| |
(1) | On issuing an apprenticeship framework under section 17(1), the Welsh |
| |
| |
(a) | publish the framework; |
| 40 |
(b) | notify the Welsh Ministers of the issue of the framework. |
| |
|
| |
|
| |
|
(2) | A notice given under subsection (1)(b) must be accompanied by a copy of the |
| |
| |
(3) | A person who withdraws recognition of an apprenticeship framework under |
| |
| |
(a) | publish a notice stating that recognition of the framework has been |
| 5 |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
“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 being an apprenticeship framework issued under section |
| |
| |
“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 |
| |
(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: |
| |
| 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 |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
(a) | immediately before the making of the order is a recognised English |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
apprenticeship certificates relating to that framework by the English certifying |
| |
| |
Specification of apprenticeship standards: Wales |
| |
26 | Specification of apprenticeship standards for Wales |
| |
(1) | The Welsh Ministers may prepare a draft specification of apprenticeship |
| 5 |
| |
(2) | In preparing the draft, the Welsh Ministers must consult such persons as they |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
(a) | immediately before the making of the order is a recognised Welsh |
| |
| |
(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. |
| |
|
| |
|