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require
certain public procurement contracts let by public authorities
to |
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include a commitment by the
contractor to provide apprenticeships and skills |
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training; and for connected
purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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“advanced apprentice”
is a person studying under the Government |
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arrangements known as Advanced
Apprenticeships; |
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“apprentice”
has the meaning given in section 32 of the Apprenticeships, |
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5 |
Skills, Children and Learning
Act 2009; |
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“public authority”
means any body or person discharging functions of a |
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public nature, including
local authorities; |
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“relevant contract”
means a contract which— |
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(a) |
exceeds a total value
of £1 million, and |
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(b) |
is issued by a public
authority. |
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“relevant OGC guidelines”
include guidance issued by the Office of |
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Government Commerce “Promoting
skills through public procurement |
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15 |
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(d) |
directly employed workers,
and |
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(e) |
sub-contracted workers. |
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2 |
Apprenticeships
requirements |
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(1) |
When a public authority
(“an authority”) prepares to issue a relevant contract
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(a) |
give
due consideration to the relevant OGC guidelines, and |
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(b) |
ensure that the provisions
in the OGC guidelines relating to |
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apprenticeships and skills
training are reflected in that contract, where |
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(2) |
An authority issuing a contract
under subsection (1)— |
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(a) |
may require that a minimum
proportion of the apprentices employed |
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by the contractor are advanced
apprentices, and |
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(b) |
may include provisions relating
to Apprenticeship Training Agencies |
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3 |
Provision
of skills training |
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(1) |
A relevant contract must
require the contractor to make continuous skills |
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training available to all
members of the workforce. This training must consist |
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(a) |
a nationally accredited scheme,
and |
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(b) |
a total equivalent to not
less than one hour of training each week to |
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every member of the workforce
for the lifetime of the contract. |
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(2) |
A relevant contract must
provide that the total value of the skills training to be |
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provided under subsection
(1) is a minimum of 1% of the total value of the |
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4 |
Advertisement
of workforce vacancies |
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A relevant contract must
require the contractor to— |
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(a) |
advertise all vacancies for
members of the workforce in all job centres |
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in the local authority area
in which the main site relating to the relevant |
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contract is situated, and
in all job centres in neighbouring local |
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(b) |
include in these advertisements
details of the training on offer. |
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5 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Apprenticeships and Skills (Public Procurement |
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(2) |
This Act comes into force
at the end of the period of 12 months beginning with |
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the day on which it is passed. |
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(3) |
This Act extends to England
and Wales. |
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