(1) The Secretary of State must secure the provision of proper facilities for apprenticeship training that is suitable to the requirements of persons who—

(a) are within subsection (4), (5) or (6), and

(b) have an apprenticeship opportunity.

This is subject to section 83B (limit on scope of apprenticeship offer).

(2) The duty imposed by subsection (1) is referred to in this section and section 83B as “the apprenticeship offer”.

(3) An apprenticeship opportunity is an opportunity to enter into an approved English apprenticeship.

(4) A person within this subsection is one who is over compulsory school age but under 19.

(5) A person within this subsection is one who is not within subsection (4) and—

(a) is a person aged under 25 towards whom a local authority in England has the duties provided for in section 23C or 23CZB of the Children Act 1989 (continuing functions in relation to certain formerly looked after children), or

(b) is a person to whom section 23CA of that Act applies (further assistance for certain formerly looked after children aged under 25), in relation to whom a local authority in England is the responsible local authority (within the meaning of that section).

(6) A person within this subsection is one who—

(a) is not within subsection (4), and

(b) is of a prescribed description.

(7) If regulations under subsection (6)(b) describe a person by reference to an age or an age range, the age, or the upper age of the age range, must be less than 25.

(8) Facilities are proper if they are—

(a) of a quantity sufficient to meet the reasonable needs of individuals, and

(b) of a quality adequate to meet those needs.

(9) Section 83(2) and (3) (when apprenticeship training is suitable, and matters to which Secretary of State must have regard) apply for the purposes of the apprenticeship offer.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) The Secretary of State may by order amend this section for the purpose of changing the descriptions of persons to whom the apprenticeship offer applies.

83B

(1) The Secretary of State is not required by the apprenticeship offer to secure the provision of facilities for apprenticeship training for the purpose of assisting a person to achieve a particular approved apprenticeship standard if the person—

(a) has already completed an approved English apprenticeship by achieving that standard,

(b) has already completed an approved English apprenticeship by achieving another standard and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work), or

(c) has worked under another arrangement and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work).

(1A) Section A1(6) and (7) (which make provision about when a person completes an approved English apprenticeship and about the meaning of “approved apprenticeship standard”) apply for the purposes of subsection (1).

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Means tests

118A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

151A

(1) Subsection (2) applies if it appears to Ofqual that a recognised body has failed to comply with a condition to which the recognition is subject.

(2) Ofqual may impose a monetary penalty on the recognised body.

(3) A “monetary penalty” is a requirement to pay to Ofqual a penalty of an amount determined by Ofqual in accordance with section 151B.

(4) Before imposing a monetary penalty on a recognised body, Ofqual must give notice to the body of its intention to do so.

(5) The notice must—

(a) set out Ofqual's reasons for proposing to impose the penalty, and

(b) specify the period during which, and the way in which, the recognised body may make representations about the proposal.

(6) The period specified under subsection (5)(b) must not be less than 28 days beginning with the date on which the notice is received.

(7) Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to impose a monetary penalty on the body.

(8) If Ofqual decides to impose a monetary penalty on the body, it must give the body a notice containing information as to—

(a) the grounds for imposing the penalty,

(b) how payment may be made,

(d) rights of appeal,

(e) the period within which an appeal may be made, and

(f) the consequences of non-payment.

151B

(1) The amount of a monetary penalty imposed on a recognised body under section 151A must not exceed 10% of the body's turnover.

(2) The turnover of a body for the purposes of subsection (1) is to be determined in accordance with an order made by the Secretary of State.

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Apprenticeships, Skills, Children and Learning Act 2009

Duties in relation to the core and additional entitlements

Duties in relation to the core and additional entitlements

Boarding accommodation: persons subject to learning difficulty assessment

Persons detained in youth accommodation: further provision

Detention of child or young person: local authorities to be notified

Complaints about transport arrangements etc for persons of sixth form age

The Office of Qualifications and Examinations Regulation

Children's centres: safeguarding children

Matters within SSSNB's remit

The School Support Staff Negotiating Body

Children's centres: safeguarding children

Power of members of staff to search pupils for weapons: Wales

Power of members of staff to search students for prohibited items: England

Recording and reporting the use of force in FE institutions: England

Student loans under the 1990 Act: IVAs and bankruptcy

Power to award foundation degrees: Wales

Directions

Directions

Local Government Act 1974: minor amendment

Local Government Act 1974: minor amendment

Orders and regulations

Local Government Act 1974: minor amendment

Orders and regulations

Power of members of staff to search students for prohibited items: England

Power of members of staff to search students for weapons: Wales

Regulations about pupil referral units

Student loans under the 1990 Act: IVAs and bankruptcy

Power to award foundation degrees: Wales

Local Government Act 1974: minor amendment

Orders and regulations

Student loans under the 1990 Act: IVAs and bankruptcy

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

Student loans under the 1990 Act: IVAs and bankruptcy

Local Government Act 1974: minor amendment

Orders and regulations

71A

Provision of other information in connection with support services

Orders and regulations

The Office of Qualifications and Examinations Regulation

The Office of Qualifications and Examinations Regulation

Sharing of information for education and training purposes

Sixth form college sector

The Office of Qualifications and Examinations Regulation

The Qualifications and Curriculum Development Agency

Targets for safeguarding and promoting the welfare of children

Children's centres: safeguarding children

The School Support Staff Negotiating Body

Powers of persons providing administrative support in connection with inspections

Provision of other information in connection with support services

Power to award foundation degrees: Wales

Local Government Act 1974: minor amendment

83A

83B

Means tests

118A

151A

151B