Legalize / United Kingdom / Public General Act

Apprenticeships, Skills, Children and Learning Act 2009

Type Public General Act

Publication 2009-11-12

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Apprenticeships, study and training

Chapter 1 — Apprenticeships: Wales

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Meaning of “completing an English apprenticeship”

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Provision of social security information for purposes of functions under Education and Skills Act 2008

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(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,

(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.

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Duty to issue: England

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Power to issue: England

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Issue by the English certifying authority: supplementary

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The English certifying authority

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Apprenticeship certificates: Wales

Duty to issue: Wales

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(1) The Welsh certifying authority must issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—

(a) it appears to the authority that the person has completed a Welsh apprenticeship in relation to the apprenticeship framework,

(b) in a case within section 2(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, and

(i) provides the authority with such information and evidence as the authority requires the person to provide, and

(ii) pays any fee charged by the authority for the issue of the certificate (see section 9).

(2) The “prescribed manner” is the manner prescribed by regulations made by the Welsh Ministers.

Power to issue: Wales

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(1) The Welsh certifying authority may issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—

(a) it appears to the authority that at the date of the application the person met the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate,

(b) the framework is, or has been, a recognised Welsh framework,

(i) provides the authority with such information and evidence as the authority requires the person to provide, and

(ii) pays any fee charged by the authority for the issue of the certificate (see section 9).

(2) The “prescribed manner” for the purposes of subsection (1), is the manner prescribed by regulations made by the Welsh Ministers.

Issue by the Welsh certifying authority: supplementary

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(1) The Welsh certifying authority may charge a fee for issuing an apprenticeship certificate only if, and to the extent that, it is authorised to do so by regulations made by the Welsh Ministers.

(2) Regulations made by the Welsh Ministers may make provision about the supply of copies of apprenticeship certificates issued under section 7 or 8.

(3) Regulations under subsection (2) may include provision authorising a person supplying a copy of an apprenticeship certificate to charge a fee for doing so.

The Welsh certifying authority

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(1) In this Chapter, the “Welsh certifying authority”, in relation to an apprenticeship certificate of any description, means—

(a) the person (if any) designated under this section to issue apprenticeship certificates of that description;

(b) if there is no-one within paragraph (a), the person (if any) designated under this section to issue apprenticeship certificates generally;

(2) A person designated under this section to issue apprenticeship certificates must, in exercising functions under this Chapter—

(a) comply with directions given by the Welsh Ministers, and

(b) have regard to guidance given by the Welsh Ministers.

(3) “Designated” means designated by an order made by the Welsh Ministers.

Contents of apprenticeship certificate: ...Wales

Contents of apprenticeship certificate

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(1) An apprenticeship certificate must state—

(a) the name of the person to whom it is issued,

(b) the apprenticeship framework to which it relates,

(d) the apprenticeship sector to which that framework relates.

(2) An apprenticeship certificate must also state such other matters as the Welsh Ministers may by regulations require to be stated in a certificate of that description.

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Apprenticeship frameworks: ... Wales

Apprenticeship frameworks: interpretation

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(1) In this Chapter, “apprenticeship framework” means a specification of requirements, for the purpose of the issue of apprenticeship certificates, that satisfies subsection (2).

(2) The requirements specified must—

(a) be at a particular level stated in the specification, and

(b) relate to a particular skill, trade or occupation included in an apprenticeship sector stated in the specification.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this Chapter, “recognised Welsh framework” means an apprenticeship framework issued under section 19(1) from which recognition has not been withdrawn under section 19(2).

(5) For the purposes of this Chapter—

(a) an apprenticeship framework is at the level of the requirements stated in it;

(b) an apprenticeship framework relates to the apprenticeship sector stated in it.

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English issuing authority

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Issue: England

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Recognised English frameworks: notification and publication

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Submission of draft framework for issue: England

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Transitional provision: England

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Apprenticeship frameworks: Wales

Welsh issuing authority

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(1) The Welsh Ministers may designate a person to issue apprenticeship frameworks relating to a particular apprenticeship sector.

(2) The power to designate conferred by this section may not be exercised in such a way that there is at any time more than one person designated to issue apprenticeship frameworks relating to a particular apprenticeship sector.

(3) A person designated under this section must, in exercising functions under this Chapter—

(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 framework, means—

(a) the person (if any) designated under this section to issue frameworks of that description;

(b) if there is no-one so designated, the Welsh Ministers.

Issue: Wales

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(1) The Welsh issuing authority may issue an apprenticeship framework only if the authority is satisfied that the framework meets the requirements specified, by the specification of apprenticeship standards for Wales, for recognised Welsh frameworks of that description.

(2) Recognition of a recognised Welsh framework may be withdrawn by the Welsh issuing authority—

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Recognised Welsh frameworks: notification and publication

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(1) On issuing an apprenticeship framework under section 19(1), the Welsh issuing authority must—

(a) publish the framework;

(b) if the issuing authority is not the Welsh Ministers, 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 framework.

(3) A Welsh issuing authority which withdraws recognition of an apprenticeship framework under section 19(2) must—

(a) publish a notice stating that recognition of the framework has been withdrawn;

(b) in the case where the issuing authority are not 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.

Submission of draft framework for issue: Wales

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(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.

(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.

Transitional provision: Wales

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(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 19(1) that specified requirements for the purpose of the issue of apprenticeship certificates.

(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 19(1), this Chapter has effect subject to any modifications specified in the order.

(3) An order under subsection (1) must—

(a) specify a date on which the deemed framework is to be treated as being issued under section 19(1);

(b) specify a date on which recognition of the deemed framework is to be treated as having been withdrawn under section 19(2);

(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 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, is treated as being an apprenticeship framework issued under section 19(1);

“existing vocational specification” means a specification, prepared before the coming into force of section 19, 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 section 262.

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Duty to prepare and submit draft specification: England

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Order bringing specification into effect

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Modification: England

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Replacement or modification: recognised English frameworks

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Contents of specification of apprenticeship standards for England

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Specification of apprenticeship standards: Wales

Specification of apprenticeship standards for Wales

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(1) The Welsh Ministers may prepare a draft specification of apprenticeship 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 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 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 31.

(6) The power conferred by subsection (3) 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 Wales.

Modification: Wales

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(1) The Welsh Ministers may by order provide that the specification of apprenticeship standards for Wales is to have effect subject to modifications 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 31.

Replacement or modification: recognised Welsh frameworks

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(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 28 or 29, 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 28 may provide for an apprenticeship framework 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 to which the order gives effect,

to cease to have effect as a recognised Welsh framework.

Contents of specification of apprenticeship standards for Wales

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(1) The specification of apprenticeship standards for Wales—

(a) must specify requirements to be met by recognised Welsh frameworks,

(b) may specify different requirements in relation to recognised Welsh frameworks at different levels.

(2) The requirements specified by the specification of apprenticeship standards for Wales must include—

(a) requirements as to Welsh certificate requirements, including requirements as to standards of attainment to be required by them,

(b) 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, and

(i) include, as a Welsh certificate requirement, the requirement that one or more qualifications be held,

(ii) 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, and

(iii) identify the qualification that demonstrates the relevant occupational competencies as the competencies qualification in relation to the framework.

(3) Requirements as to standards of attainment may be specified by reference, in particular, to descriptions of qualifications or training.

(4) In this section—

“off-the-job training” in relation to a recognised Welsh framework, is training which—is received for the purposes of the skill, trade or occupation to which the framework relates, andis not on-the-job training;

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