2009167.1-5

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

LORDS amendments to the
Apprenticeships, Skills, Children and Learning Bill
[The page and line references are to HL Bill 42, the bill as first printed for the Lords.]
Before Clause 1
1
Insert the following new Clause—

“Meaning of “completing an English apprenticeship”

(1)
This section applies for the purposes of this Chapter.

(2)
A person completes an English apprenticeship in relation to an

apprenticeship framework if—

(a)
the standard English completion conditions are met, or

(b)
the alternative English completion conditions are met.

(3)
The standard English completion conditions are—

(a)
that the person has entered into an 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

competencies qualification identified in the framework,

(d)
that, throughout the duration of the course, the person was

working under the apprenticeship agreement, and

(e)
that the person meets 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 apprenticeship agreement mentioned in

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 the course of training for the competencies

qualification is to be read, in a case where the person has followed

Bill 167 54/4

2

two or more courses of training for the competencies qualification,

as a reference to both or all of them.

(5)
The alternative English completion conditions are conditions which—

(a)
apply in cases where a person works otherwise than under an

apprenticeship agreement, and

(b)
are specified in regulations.

(6)
The kinds of working in relation to which provision may be made under

subsection (5) include—

(a)
working as a self-employed person;

(b)
working otherwise than for reward.”
2
Insert the following new Clause—

“Meaning of “completing a Welsh apprenticeship”

(1)
This section applies for the purposes of this Chapter.

(2)
A person completes a Welsh apprenticeship in relation to an

apprenticeship framework if—

(a)
the standard Welsh completion conditions are met, or

(b)
the alternative Welsh completion conditions are met.

(3)
The standard Welsh completion conditions are—

(a)
that the person has entered into an apprenticeship agreement in

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

competencies qualification identified in the framework,

(d)
that, throughout the duration of the course, the person was

working under the apprenticeship agreement, and

(e)
that the person meets 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 apprenticeship agreement mentioned in

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 the course of training for the competencies

qualification is to be read, in a case where the person has followed

two or more courses of training for the competencies qualification,

as a reference to both or all of them.

(5)
The alternative Welsh completion conditions are conditions which—

(a)
apply in cases where a person works otherwise than under an

apprenticeship agreement, and

(b)
are specified in regulations made by the Welsh Ministers.

(6)
The kinds of working in relation to which provision may be made under

subsection (5) include—

(a)
working as a self-employed person;

(b)
working otherwise than for reward.”

3

Clause 1
3
Page 1, line 10, leave out “applicable conditions are satisfied,” and insert “person

has completed an English apprenticeship in relation to the apprenticeship

framework,

(aa)
in a case within section (Meaning of “completing an English

apprenticeship”)(2)(a), it appears to the authority that the condition

in subsection (3)(e) of that section was met at the date of the

person’s application,”
4
Page 2, line 3, leave out subsections (2) to (7)
Clause 5
5
Page 3, line 21, leave out “applicable conditions are satisfied,” and insert “person

has completed a Welsh apprenticeship in relation to the apprenticeship

framework,

(aa)
in a case within section [(Meaning of “completing a Welsh

apprenticeship”)](2)(a), it appears to the authority that the condition

in subsection (3)(e) of that section was met at the date of the

person’s application,”
6
Page 3, line 28, leave out subsections (2) to (6)
7
Page 4, line 22, leave out subsection (8)
Clause 11
8
Page 6, line 15, leave out paragraph (a)
Clause 12
9
Page 6, line 31, leave out “that” and insert “only if”
10
Page 6, line 32, after “satisfied” insert “that the framework”
Clause 15
11
Page 7, line 38, leave out “principal” and insert “competencies”
Clause 16
12
Page 8, line 13, leave out paragraph (a)
Clause 17
13
Page 8, line 29, leave out “that” and insert “only if”
14
Page 8, line 30, after “satisfied” insert “that the framework”
Clause 20
15
Page 9, line 36, leave out “principal” and insert “competencies”
Clause 21
16
Page 10, line 14, leave out “such” and insert “—

4

(a)
each person designated under section 11,

(b)
persons who appear to the Chief Executive to represent—

(i)
employers,

(ii)
institutions within the further education sector, and

(iii)
any other providers of training,

(c)
any other persons or descriptions of persons specified in

regulations, and

(d)
such other”
17
Page 10, line 19, at end insert—

“(5)
“Institution within the further education sector” has the same meaning as

in the Education Act 1996 (see section 4(3) of that Act).”
Clause 25
18
Page 11, line 35, after “them,” insert—

“(aa)
requirements for a recognised English framework to include, as an

English certificate requirement, the requirement that an

apprenticeship certificate relating to the framework may be issued

to a person only if the person has received both on-the-job training

and off-the-job training,”
19
Page 11, line 38, after “held,” insert—

“(ia)
include, as an English certificate requirement, the

requirement that the qualification, or the qualifications

taken together, demonstrate the relevant occupational

competencies and the relevant technical knowledge,”
20
Page 11, line 39, leave out “that qualification, or one of those qualifications,” and

insert “the qualification that demonstrates the relevant occupational

competencies”
21
Page 11, line 40, leave out “principal” and insert “competencies”
22
Page 12, line 2, at end insert—

““off-the-job training” in relation to a recognised English framework,

is training which—

(a)
is received for the purposes of the skill, trade or occupation

to which the framework relates, and

(b)
is not on-the-job training;

“on-the-job training” in relation to a recognised English framework, is

training received in the course of carrying on the skill, trade or

occupation to which the framework relates;

“the relevant occupational competencies”, in relation to a recognised

English framework, means the competencies required to perform

the skill, trade or occupation to which the framework relates at the

level required in the framework;

“the relevant technical knowledge”, in relation to a recognised English

framework, means the technical knowledge required to perform

the skill, trade or occupation to which the framework relates at the

level required in the framework.”
Clause 29
23
Page 13, line 9, after “them,” insert—

5

“(aa)
requirements for a recognised Welsh framework to include, as a

Welsh certificate requirement, the requirement that an

apprenticeship certificate relating to the framework may be issued

to a person only if the person has received both on-the-job training

and off-the-job training,”
24
Page 13, line 12, after “held,” insert—

“(ia)
include, as a Welsh certificate requirement, the requirement

that the qualification, or the qualifications taken together,

demonstrate the relevant occupational competencies and

the relevant technical knowledge,”
25
Page 13, line 13, leave out “that qualification, or one of those qualifications,” and

insert “the qualification that demonstrates the relevant occupational

competencies”
26
Page 13, line 14, leave out “principal” and insert “competencies”
27
Page 13, line 17, after “section” insert—

““off-the-job training” in relation to a recognised Welsh framework, is

training which—

(a)
is received for the purposes of the skill, trade or occupation

to which the framework relates, and

(b)
is not on-the-job training;

“on-the-job training” in relation to a recognised Welsh framework, is

training received in the course of carrying on the skill, trade or

occupation to which the framework relates;

“the relevant occupational competencies”, in relation to a recognised

Welsh framework, means the competencies required to perform the

skill, trade or occupation to which the framework relates at the level

required in the framework;

“the relevant technical knowledge”, in relation to a recognised Welsh

framework, means the technical knowledge required to perform

the skill, trade or occupation to which the framework relates at the

level required in the framework;”
Clause 30
28
Page 14, line 5, leave out “principal” and insert “competencies”
29
Page 14, line 12, leave out “principal” and insert “competencies”
30
Page 14, line 14, leave out “principal” and insert “competencies”
Clause 35
31
Leave out Clause 35
Clause 38
32
Page 17, line 5, leave out “principal” and insert “competencies”
33
Page 17, line 7, leave out “principal” and insert “competencies”
Clause 40
34
Page 23, line 10, leave out “persons in their area”