Apprenticeships, Skills, Children and Learning Act 2009
- (4) An apprenticeship assessment plan in respect of a standard is a plan in accordance with which it is to be assessed whether a person seeking to complete an approved English apprenticeship has attained the outcomes set out in the standard.
- (5) Each apprenticeship assessment plan must—
- (a) specify the standard to which it relates, and
- (b) set out the proposed arrangements for evaluating the quality of any assessment provided for by the plan.
- (6) Each apprenticeship assessment plan must be prepared by a group of persons and approved by the Secretary of State, subject to subsection (6A).
- (6A) The Secretary of State may prepare an apprenticeship assessment plan if satisfied that it would be more appropriate for the plan to be prepared by the Secretary of State than by a group of persons.
- (7) Where an apprenticeship assessment plan is prepared by a group of persons, the group must be approved by the Secretary of State.
- (8) The Secretary of State may provide advice or assistance to a group of persons in connection with the preparation of an apprenticeship assessment plan.
- (9) The Secretary of State may convene a group of persons to prepare an apprenticeship assessment plan in respect of a standard if satisfied that—
- (a) there is a need for an apprenticeship assessment plan in respect of that standard, and
- (b) no group will prepare the plan unless one is convened to do so.
- (10) The Secretary of State must publish—
- (a) information about matters that the Secretary of State takes into account when deciding whether or not to approve apprenticeship assessment plans for the purposes of subsection (6);
- (aa) information about matters that the Secretary of State takes into account in deciding whether it would be more appropriate for an apprenticeship assessment plan to be prepared by the Secretary of State than by a group of persons for the purposes of subsection (6A);
- (b) information about matters that the Secretary of State takes into account when deciding whether or not to approve groups of persons for the purposes of subsection (7).
- (11) When making a decision of the kind mentioned in subsection (10)(a) or (b) in a particular case, the Secretary of State may also take into account such other matters as the Secretary of State considers appropriate in the case in question.
- (12) Information published under subsection (10) may be revised or replaced, and the Secretary of State must publish under that subsection any revised or replacement information.
- (13) Where an apprenticeship assessment plan is published, the Secretary of State must publish, with the information published under section ZA10(5) in relation to the occupation, information indicating that there is an apprenticeship assessment plan in respect of the standard for the occupation.
A3
- (1) The Secretary of State may issue a certificate (“an apprenticeship certificate”) in respect of a person who applies for it if it appears to the Secretary of State that the person has completed an approved English apprenticeship.
- (2) The Secretary of State may by regulations make provision about—
- (a) the manner in which applications under subsection (1) must be made;
- (b) the supply by the Secretary of State of apprenticeship certificates issued under that subsection, and copies of those certificates, to—
- (i) persons in respect of whom they were issued;
- (ii) persons for whom those persons work or have worked under approved English apprenticeship agreements to which the certificates relate.
- (3) The Secretary of State may charge a fee for issuing an apprenticeship certificate or supplying a copy only if, and to the extent that, the charging of the fee is authorised by regulations.
A4
- (1) Any function of the Secretary of State under this Chapter may be carried out by a person designated by the Secretary of State.
- (2) Subsection (1) does not apply to any power of the Secretary of State to make regulations.
- (3) A person designated under this section must—
- (a) comply with directions given by the Secretary of State, and
- (b) have regard to guidance given by the Secretary of State.
- (4) A designation under this section may be revoked.
A5
- (1) To the extent that it would otherwise be treated as being a contract of apprenticeship, an approved English apprenticeship agreement is to be treated as not being a contract of apprenticeship.
- (2) To the extent that it would not otherwise be treated as being a contract of service, an approved English apprenticeship agreement is to be treated as being a contract of service.
- (3) This section applies for the purposes of any enactment or rule of law.
A6
- (1) If an agreement—
- (a) contains provision which satisfies the conditions mentioned in section A1(3)(a) to (c), but
- (b) also contains other provision which is inconsistent with those conditions,
the other provision is to be treated as having no effect.
- (2) Before an agreement which satisfies the conditions mentioned in section A1(3)(a) to (c) is varied in such a way that it no longer satisfies one or more of those conditions, the person for whom the apprentice is working must give the apprentice a written notice.
- (3) The written notice must explain that, if the variation takes effect, the agreement will cease to be an approved English apprenticeship agreement.
- (4) If an agreement is varied in breach of the requirement under subsection (2), the variation has no effect.
A7
- (1) Section A1(3) applies in relation to—
- (a) an agreement under which a person undertakes Crown employment,
- (b) an agreement under which a person undertakes service as a member of the naval, military or air forces of the Crown, and
- (c) an agreement under which a person undertakes employment as—
- (i) a relevant member of the House of Lords staff, or
- (ii) a relevant member of the House of Commons staff,
as it applies in relation to any other agreement under which a person is to work for another (and this Chapter applies accordingly).
- (2) Subsection (1) is subject to subsection (3) and to any modifications which may be prescribed under subsection (5).
- (3) Section A5(2) does not apply in relation to an approved English apprenticeship agreement that is an agreement within paragraph (a), (b) or (c) of subsection (1).
- (4) Without prejudice to section 262(3), the power conferred by section A1(3)(c) may be exercised, in particular, to make provision in relation to an agreement within any of paragraphs (a), (b) and (c) of subsection (1) that differs from provision made in relation to other agreements under which a person is to work for another.
- (5) The Secretary of State may by regulations provide for any provision of this Chapter to apply with modifications in relation to—
- (a) an agreement within paragraph (a), (b) or (c) of subsection (1), or
- (b) a person working, or proposing to work, under such an agreement.
- (6) In subsection (1)—
- “Crown employment” means employment under or for the purposes of a government department or an officer or body exercising on behalf of the Crown functions conferred by a statutory provision (but does not include service as a member of the naval, military or air forces of the Crown);
- “relevant member of the House of Commons staff” has the meaning given by section 195(5) of the Employment Rights Act 1996;
- “relevant member of the House of Lords staff” has the meaning given by section 194(6) of that Act.
Apprenticeship sectors
Work experience for persons over compulsory school age
Persons detained in youth accommodation: further provision
Detention of child or young person: local authorities to be notified
Provision of transport etc for persons of sixth form age: duty to have regard to section 15ZA duty
Release from detention of child or young person with special educational needs
Encouragement of education and training for persons aged 19 or over and others subject to adult detention
Sections 87 and 88: supplementary
Targets for safeguarding and promoting the welfare of children
Powers of persons providing administrative support in connection with inspections
Arrangements in respect of early childhood services
Power of members of staff to search pupils for weapons: Wales
Power of members of staff to search students for weapons: Wales
Careers education in schools: England
Complaints: Wales
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120A
The functions of the Secretary of State under this Part, other than the functions conferred by section 107, are exercisable in relation to England only.
Qualifications
253A
- (1) A person in England may, in prescribed circumstances, provide student information of a prescribed description to—
- (a) the Secretary of State,
- (b) an information collator,
- (c) a prescribed person, or
- (d) a person falling within a prescribed category.
- (2) A person in Wales may, in prescribed circumstances, provide student information of a prescribed description to—
- (a) the Welsh Ministers,
- (b) an information collator,
- (c) a prescribed person, or
- (d) a person falling within a prescribed category.
- (3) In subsection (2) “prescribed” means prescribed in regulations made by the Welsh Ministers.
- (4) Subject to subsection (5)(a), information received under or by virtue of this section is not to be published in any form which identifies the individual to whom it relates.
- (5) This section—
- (a) does not affect any power to provide or publish information which exists apart from this section, and
- (b) is subject to any express restriction on the provision of information imposed by another enactment.
- (6) In this section—
- “information collator” means any body which, for the purposes of or in connection with functions of the Secretary of State or the Welsh Ministers, is responsible for collating or checking information relating to regulated qualifications or relevant qualifications;
- “regulated qualification” has the meaning given by section 130(1);
- “relevant qualification” has the meaning given to “qualification” by section 56 of the Qualifications Wales Act 2015 ;
- “student information” means information (whether obtained under this section or otherwise) relating to an individual who is seeking or has sought to obtain, or has obtained, a regulated qualification or a relevant qualification
Orders and regulations
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A8
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A9
- (1) The Secretary of State may by regulations set apprenticeship targets for prescribed public bodies.
- (2) An “apprenticeship target”, in relation to a public body, is a target relating to the number of persons (“apprentices”) who work for the body under an apprenticeship agreement.
- (3) Public bodies for which apprenticeship targets are set under this section must have regard to—
- (a) the targets, and
- (b) any applicable guidance issued by the Secretary of State in relation to the targets.
- (4) The Secretary of State may require a public body to provide any information that the Secretary of State needs for the purpose of exercising functions under this section.
- (5) Regulations under this section may set apprenticeship targets for—
- (a) a prescribed public body,
- (b) a prescribed part of a public body,
- (c) a prescribed group of public bodies, or
- (d) public bodies of a prescribed description.
A reference in this section to a public body includes a reference to a prescribed part of a public body or a prescribed group of public bodies.
- (6) The regulations must specify the period to which each apprenticeship target relates.
- (7) In this section—
- “apprenticeship agreement” means—an approved English apprenticeship agreement;an apprenticeship agreement within the meaning given in section 32 as it applies in relation to England by virtue of provision made under section 115(9) of the Deregulation Act 2015;
- “public body” means—a public authority, ora body or other person that is not a public authority but has functions of a public nature and is funded wholly or partly from public funds.
A10
- (1) A public body for which an apprenticeship target is set must—
- (a) publish and send to the Secretary of State the information specified in subsection (2), and
- (b) send to the Secretary of State any other prescribed information,
within six months after the end of each reporting period of the body in the target period.
- (2) The information referred to in subsection (1)(a) is—
- (a) the number of employees whose employment in England by the body began in the reporting period in question (“figure A”);
- (b) the number of apprentices who began to work for the body in that period and whose apprenticeship agreements also began in that period (“figure B”);
- (c) figure B expressed as a percentage of figure A;
- (d) the number of employees employed in England that the body has at the end of that period (“figure C”);
- (e) the number of apprentices who work for the body at the end of that period (“figure D”);
- (f) figure D expressed as a percentage of figure C;
- (g) if that reporting period is the first reporting period in the target period, the number of apprentices who worked for the body immediately before that period.
- (3) The information that may be prescribed under subsection (1)(b) includes—
- (a) information about action that the body has taken to meet an apprenticeship target set for it;
- (b) if the public body has failed to meet an apprenticeship target set for it, an explanation of why the target has not been met;
- (c) information about action that the body proposes to take to meet an apprenticeship target set for the body for a period that has not yet expired (“a future target”);
- (d) if the body considers that a future target is not likely to be met, an explanation of why that is so.
- (4) Regulations may specify how the information is to be published or sent.
- (5) A body's “reporting periods” in the target period are—
- (a) so much of the first financial year of the body to end in the target period as falls within that period,
- (b) each subsequent financial year of the body which falls wholly within the target period, and
- (c) if the target period ends during a financial year of the body, so much of that financial year as falls within that period.
- (6) But, where the target period in relation to a body does not exceed 12 months, the Secretary of State may direct in writing that for the purposes of this section the body is to be treated as having one reporting period which coincides with the target period.
- (7) Where, by virtue of section A9(5)(c) or (d) a target is set for more than one public body, regulations may specify which body's financial year is to be used to determine the reporting periods under subsection (5).
- (8) In this section—
- “apprenticeship agreement” has the meaning given by section A9(7);
- “apprenticeship target” has the meaning given by section A9(2);
- “public body” has the meaning given by section A9(7);
- “target period”, in relation to an apprenticeship target, means the period specified under section A9(6) as the period to which the target relates.
Part 1A — Apprenticeships , Technical Education Qualifications and other education and training: information sharing
England
40A
- (1) HMRC may disclose information held by them to the Secretary of State for the purpose of the Secretary of State's functions in relation to English statutory apprenticeships.
- (2) The Secretary of State may disclose information to HMRC—
- (a) for the purpose of requesting HMRC to disclose information under subsection (1), or
- (b) for another purpose connected with the Secretary of State's functions in relation to English statutory apprenticeships.
- (3) In this section “English statutory apprenticeships” means—
- (a) approved English apprenticeships within the meaning given in section A1;
- (b) apprenticeships undertaken under apprenticeship agreements within the meaning given in section 32 that were entered into in connection with recognised English frameworks;
- (c) apprenticeships in relation to which alternative English completion arrangements apply under section 1(5);
- (d) apprenticeships undertaken under arrangements made in relation to England under section 2 of the Employment and Training Act 1973 that are identified by the person making them as arrangements for the provision of apprenticeships.
Wales, Scotland and Northern Ireland
Sharing of information by or with the Secretary of State
40B
- (1) HMRC may disclose information held by them—
- (a) to a Welsh authority for the purpose of the authority's functions in relation to Welsh apprenticeships;
- (b) to a Scottish authority for the purpose of the authority's functions in relation to Scottish apprenticeships;
- (c) to a Northern Irish authority for the purpose of the authority's functions in relation to Northern Irish apprenticeships.
- (2) An authority mentioned in paragraph (a), (b) or (c) of subsection (1) may disclose information to HMRC—
- (a) for the purpose of requesting HMRC to disclose information to the authority under subsection (1), or
- (b) for another purpose connected with the authority's functions mentioned in subsection (1).
- (3) In this section—
- “Northern Irish apprenticeships” means apprenticeships undertaken under arrangements made under section 1 of the Employment and Training Act (Northern Ireland) 1950 that are identified by the person making them as arrangements for the provision of apprenticeships;
- “Northern Irish authority” means—a Northern Ireland department, andany body or other person that is prescribed, or of a prescribed description;
- “Scottish apprenticeships” means apprenticeships undertaken under arrangements made—in relation to Scotland, under section 2 of the Employment and Training Act 1973, orunder section 2(3) of the Enterprise and New Towns (Scotland) Act 1990,that are identified by the person making them as arrangements for the provision of apprenticeships;
- “Scottish authority” means—the Scottish Ministers, andany body or other person that is prescribed, or of a prescribed description;
- “Welsh apprenticeships” means—apprenticeships undertaken under apprenticeship agreements within the meaning given in section 32 that were entered into in connection with recognised Welsh frameworks;apprenticeships in relation to which alternative Welsh completion arrangements apply under section 2(5);apprenticeships undertaken under arrangements made in relation to Wales under—section 2 of the Employment and Training Act 1973, orsection 17B of the Jobseekers Act 1995,that are identified by the person making them as arrangements for the provision of apprenticeships;
- “Welsh authority” means—the Welsh Ministers, andany body or other person that is prescribed, or of a prescribed description.
- (4) In subsection (3)—
- (a) the reference to a Northern Ireland department includes a reference to a person providing services to a Northern Ireland department;
- (b) the reference to the Scottish Ministers includes a reference to a person providing services to the Scottish Ministers;
- (c) the reference to the Welsh Ministers includes a reference to a person providing services to the Welsh Ministers.
- (5) Regulations under this section may amend the definition in subsection (3) of—
- (a) “Northern Irish apprenticeships”,
- (b) “Scottish apprenticeships”, or
- (c) “Welsh apprenticeships”.
General
40C
- (1) Information disclosed by HMRC under section 40A(1) or 40B(1) may not be disclosed by the recipient of the information to any other person without the consent of HMRC (except so far as permitted by section 40A(2) or 40B(2)).
- (2) If a person discloses, in contravention of subsection (1), any revenue and customs information relating to a person whose identity—
- (a) is specified in the disclosure, or
- (b) can be deduced from it,
section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.
40D
- (1) In this Part—
- “HMRC” means the Commissioners for Her Majesty's Revenue and Customs;
- “revenue and customs information relating to a person” has the same meaning as in section 19 of the Commissioners for Revenue and Customs Act 2005 (see section 19(2) of that Act).
- (2) In this Part—
- (a) references to HMRC include references to a person providing services to HMRC;
- (b) references to the Secretary of State include references to a person providing services to the Secretary of State.
- (3) Nothing in this Part
- (a) affects any power to disclose information that exists apart from this Part,
- (b) authorises the disclosure of any information in contravention of any provision made by or under any Act which prevents disclosure of the information.
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
Targets for safeguarding and promoting the welfare of children
Arrangements in respect of early childhood services
Provision of other information in connection with support services
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CHAPTER ZA1 — The Institute for Apprenticeships and Technical Education
Establishment
ZA1
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General duties and functions
ZA2
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ZA3
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ZA4
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ZA5
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ZA6
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Compliance
ZA7
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Directions
ZA8
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Occupational categories and groups
ZA9
- (1) The Secretary of State may determine categories into which occupations may be placed for the purposes of this Chapter.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ZA10
- (1) The Secretary of State must—
- (a) determine occupations in relation to which it may be appropriate for people to undertake apprenticeships or obtain qualifications, and
- (b) determine which of those occupations require similar knowledge, skills and behaviour.
- (2) Two or more occupations that require similar knowledge, skills and behaviour are referred to in this section as a “group”.
- (3) Where categories have been determined under section ZA9, the Secretary of State must allocate each occupation or group to a category.
- (4) If the Secretary of State considers that no category is appropriate the Secretary of State must nevertheless allocate the occupation or group to a category (and is not required to adjust a determination under subsection (1)).
- (5) The Secretary of State must publish information showing—
- (a) the occupations,
- (b) the groups, and
- (c) any categories to which the occupations and groups have been allocated.
Standards
ZA11
- (1) The Secretary of State must publish standards in relation to England for such occupations as the Secretary of State considers appropriate.
- (2) Each standard must—
- (a) describe the occupation to which it relates;
- (b) set out the outcomes that persons seeking to achieve the standard are expected to attain in order to do so.
- (3) Each standard must be prepared by a group of persons and approved by the Secretary of State, subject to subsection (3A).
- (3A) The Secretary of State may prepare a standard if satisfied that it would be more appropriate for the standard to be prepared by the Secretary of State than by a group of persons.
- (4) Where a standard is prepared by a group of persons, the group must be approved by the Secretary of State.
- (5) The Secretary of State may provide advice or assistance to a group of persons in connection with the preparation of a standard.
- (6) The Secretary of State may convene a group of persons to prepare a standard for an occupation if satisfied that—
- (a) there is a need for a standard for that occupation, and
- (b) no group will prepare the standard unless one is convened to do so.
- (7) The Secretary of State must publish—
- (a) information about matters that the Secretary of State takes into account when deciding whether or not to approve standards for the purposes of subsection (3);
- (aa) information about matters that the Secretary of State takes into account in deciding whether it would be more appropriate for a standard to be prepared by the Secretary of State than by a group of persons for the purposes of subsection (3A);
- (b) information about matters that the Secretary of State takes into account when deciding whether or not to approve groups of persons for the purposes of subsection (4).
- (8) When making a decision of the kind mentioned in subsection (7)(a) or (b) in a particular case, the Secretary of State may also take into account such other matters as the Secretary of State considers appropriate in the case in question.
- (9) Information published under subsection (7) may be revised or replaced, and the Secretary of State must publish under that subsection any revised or replacement information.
- (10) Where a standard is published, the Secretary of State must publish, with the information published under section ZA10(5) in relation to the occupation, information indicating that there is a standard for the occupation.
Meaning of “approved English apprenticeship” etc
Apprenticeship assessment plans
A2A
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Quality assurance of apprenticeship assessments etc
A2B
- (1) The Secretary of State must secure that evaluations are carried out of the quality of apprenticeship assessments provided by persons in relation to assessment plans published under section A2.
- (2) “Apprenticeship assessment” means the assessment of a person's attainment of the outcomes set out in the standard to which the apprenticeship assessment plan relates.
- (3) For the purposes of subsection (1) the Secretary of State may carry out evaluations or approve or make arrangements for other persons to carry out evaluations.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A2C
- (1) If the Secretary of State considers that the quality of any apprenticeship assessment provided by a person is or may become unsatisfactory, the Secretary of State may carry out a review of the assessment, or make arrangements with another person for the carrying out of such a review.
- (2) The Secretary of State may, in consequence of a review, make arrangements for the purpose of improving the quality of the assessment to which the review relates.
- (3) If the Secretary of State—
- (a) considers that the quality of any apprenticeship assessment provided by a person is or may become unsatisfactory, or
- (b) that a person who provides an apprenticeship assessment has failed to co-operate with a review carried out under this section or with arrangements made under subsection (2),
the Secretary of State may report the matter to any person the Secretary of State considers appropriate.
- (4) A report under subsection (3) may contain recommendations as to the action to be taken by the person to whom the report is made.
- (5) The Secretary of State may publish a report under subsection (3).
A2D
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Other provision relating to approved English apprenticeships and technical education
A2E
- (1) The Secretary of State must maintain arrangements for the review ... of each standard or apprenticeship assessment plan published under this Chapter, with a view to determining whether the standard or plan ought to be revised or withdrawn.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A2F
- (1) The Secretary of State may—
- (a) publish a revised version of a standard or apprenticeship assessment plan published under this Chapter, or
- (b) withdraw a standard or apprenticeship assessment plan published under this Chapter (with or without publishing another in its place).
- (2) Subsections (3) to (9) of section ZA11 apply in relation to a revised version of a standard published under this section as they do in relation to a standard published under that section.
- (3) Subsections (6) to (12) of section A2 apply in relation to a revised version of an apprenticeship assessment plan published under this section as they do in relation to an apprenticeship assessment plan published under that section.
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A2G
- (1) The Secretary of State may at any time make arrangements for an independent third party to carry out an examination of—
- (a) a standard, or
- (b) an apprenticeship assessment plan.
- (3) Where an examination of a standard or apprenticeship assessment plan is carried out under this section, the Secretary of State must take account of the finding of the examination in exercising the Secretary of State’s functions in relation to the standard or apprenticeship plan under this Chapter.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A2H
- (1) The Secretary of State must maintain a list of the standards and assessment plans published by the Secretary of State under this Chapter.
- (2) In respect of each standard and plan listed (including any revised version), the list must include details of when it comes into force.
- (3) Where a revised version is listed, the list must include a general description of the cases to which the revised version applies.
- (4) Where a standard or plan has been withdrawn, the list must include details of when the withdrawal comes into force and a general description of the cases to which it applies.
- (5) The Secretary of State must secure that the list is available free of charge at all reasonable times.
A2I
- (1) This section applies where—
- (a) a standard is approved by the Secretary of State under section ZA11 or an apprenticeship assessment plan is approved by the Secretary of State under section A2, and
- (b) a person (other than the Secretary of State) is entitled, immediately before the time the approval is given, to any right or interest in any copyright in the standard or plan.
- (2) The right or interest is, by virtue of this section, transferred from that person to the Secretary of State at the time the approval is given.
- (3) The Secretary of State must ensure that a standard or apprenticeship assessment plan in relation to which a right or interest has transferred by virtue of subsection (2) is made available to the public, subject to any conditions that the Secretary of State considers appropriate.
A11
- (1) A person (“P”) providing or offering any course or training that is, or is to be, undertaken (wholly or partly) in England commits an offence if—
- (a) in the course of business P describes the course or training as an apprenticeship, and
- (b) the course or training is not a statutory apprenticeship.
- (2) No offence is committed under subsection (1) where the course or training is, or is to be, provided to an individual under or in pursuance of a contract of employment between the individual and P.
- (3) In subsection (1) “statutory apprenticeship” means any course or training that is, or is to be, provided under—
- (a) an approved English apprenticeship;
- (b) an apprenticeship agreement within the meaning given in section 32;
- (c) an arrangement to undertake any other kind of working—
- (i) in relation to which alternative English completion conditions apply under section 1(5), and
- (ii) in connection with which training is to be provided in accordance with an apprenticeship framework within the meaning given in section 12; or
- (d) arrangements made under—
- (i) section 2 of the Employment and Training Act 1973,
- (ii) section 17B(1)(a) of the Jobseekers Act 1995,
- (iii) section 2(3) of the Enterprise and New Towns (Scotland) Act 1990, or
- (iv) section 1 of the Employment and Training Act (Northern Ireland) 1950,
that are identified by the person making the arrangements as arrangements for the provision of apprenticeships.
- (4) The reference to section 32 in subsection (3)(b) includes a reference to that section as it applies in relation to England by virtue of provision made under section 115(9) of the Deregulation Act 2015; and a reference to a section in subsection (3)(c) is a reference to the section as it so applies.
- (5) A person guilty of an offence under this section is liable on summary conviction to a fine.
- (6) Where an offence under this section committed by a body corporate—
- (a) is committed with the consent or connivance of an officer of the body corporate, or
- (b) is attributable to neglect on the part of an officer of the body corporate,
the officer also commits the offence and is liable to be proceeded against and punished accordingly.
- (7) Every local weights and measures authority in England—
- (a) has a duty to enforce the provisions of this section within their area;
- (b) must make to the Secretary of State, whenever he or she so directs, a report on the exercise of the authority's functions under this section.
A report under paragraph (b) must be in such form, and contain such particulars, as the Secretary of State may direct.
- (8) Proceedings for an offence under this section may be instituted only—
- (a) by or on behalf of a local weights and measures authority in England,
- (b) by or on behalf of the Secretary of State, or
- (c) with the consent of the Director of Public Prosecutions.
- (9) In this section—
- “contract of employment” has the same meaning as in the Employment Rights Act 1996 (see section 230(2) of that Act);
- “offering”, in relation to any course or training, includes offering or marketing it to the public generally or to any section of the public;
- “officer”, in relation to a body corporate, means—a director, manager, secretary or similar officer of the body, or a person purporting to act in such capacity;a governor of an educational institution conducted by the body.
- (10) The reference in subsection (1) to describing any course or training as an apprenticeship includes a reference to describing an individual who undertakes it as an apprentice.
40AA
- (1) The Secretary of State may disclose information to a relevant person for the purpose of a relevant function of that person.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) A relevant person may disclose information to the Secretary of State for the purpose of—
- (a) a function of the Secretary of State under, or relating to, Chapter A1 of Part 1, or
- (b) a relevant function of that person.
- (4) In this section “relevant person” means—
- (a) Ofqual,
- (b) the OfS,
- (c) Ofsted, or
- (d) a prescribed person.
- (5) In this section “relevant function” means—
- (a) in relation to Ofqual, the OfS or Ofsted, a function of that body, so far as the function relates to England;
- (b) in relation to a prescribed person, a prescribed function of that person, so far as the function relates to England.
- (6) In this section—
- “Ofqual” means the Office of Qualifications and Examinations Regulation;
- “OfS” means the Office for Students;
- “Ofsted” means—the Office for Standards in Education, Children's Services and Skills, andHer Majesty's Chief Inspector of Education, Children's Services and Skills.
- (7) Regulations under this section prescribing functions of a person may prescribe all of the person's functions.
Schedule A1
Status
1
The IfA is to perform its functions on behalf of the Crown.
Membership
2
- (1) The IfA is to consist of—
- (a) a member appointed by the Secretary of State to chair the IfA (“the chair”);
- (b) the chief executive appointed in accordance with paragraph 5;
- (c) at least 4 and no more than 10 other members appointed by the Secretary of State.
- (2) The chair and members appointed under sub-paragraph (1)(c) are referred to in this Schedule as the “non-executive members”.
Tenure of non-executive members
3
- (1) The non-executive members hold and vacate office in accordance with the terms of their appointment.
- (2) Those terms are to be determined by the Secretary of State, subject to the following provisions of this Schedule.
- (3) A non-executive member must not be appointed for a term of more than five years.
- (4) A non-executive member may resign from office at any time by giving written notice to the Secretary of State.
- (5) The Secretary of State may remove a non-executive member from office on either of the following grounds—
- (a) inability or unfitness to carry out the duties of office;
- (b) absence from the IfA's meetings for a continuous period of more than 6 months without the IfA's permission.
- (6) The previous appointment of a person as a non-executive member does not affect the person's eligibility for re-appointment.
Remuneration of non-executive members
4
- (1) The IfA must, if the Secretary of State requires it to do so, pay remuneration, allowances and expenses to its non-executive members.
- (2) The IfA must, if the Secretary of State requires it to do so, pay, or make provision for the payment of, a pension, allowances or gratuities to or in respect of a person who is or has been a non-executive member.
- (3) If a person ceases to be a non-executive member of the IfA and the Secretary of State decides that the person should be compensated because of special circumstances, the IfA must pay compensation to the person.
- (4) The amount of a payment under sub-paragraph (1), (2) or (3) is to be determined by the Secretary of State.
- (5) Service as a non-executive member is one of the kinds of service to which a scheme under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants etc) can apply (see Schedule 1 to that Act).
- (6) The IfA must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to the provision of pensions, allowances or gratuities under section 1 of the Superannuation Act 1972 payable to or in respect of non-executive members in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
Chief executive and other staff
5
- (1) The first chief executive is to be appointed by the Secretary of State on conditions of service determined by the Secretary of State, after consulting the chair.
- (2) Subsequent chief executives are to be appointed by the IfA after consulting the Secretary of State.
- (3) The chief executive must not be appointed for a term of more than five years.
- (4) The previous appointment of a person as chief executive does not affect the person's eligibility for re-appointment.
- (5) The chief executive holds that office as a member of staff of the IfA.
- (6) The IfA may appoint other members of staff.
- (7) Service as a member of staff of the IfA is employment in the civil service of the State.
- (8) The following are to be determined by the IfA with the approval of the Secretary of State—
- (a) the number of members of staff of the IfA (in addition to the chief executive);
- (b) the conditions of service of staff of the IfA.
- (9) Sub-paragraph (8)(b) is subject to sub-paragraph (1).
Arrangements with Secretary of State
6
The Secretary of State and the IfA may enter into arrangements with each other for the provision to the IfA by the Secretary of State, on such terms as may be agreed, of staff, accommodation or services.
Committees
7
- (1) The IfA may establish committees, and any committee established by the IfA may establish sub-committees.
- (2) The IfA may—
- (a) dissolve a sub-committee established under sub-paragraph (1), or
- (b) alter the purposes for which such a sub-committee is established.
- (3) In this Schedule a committee or sub-committee established under sub-paragraph (1) is referred to as an “IfA committee”.
- (4) An IfA committee must include at least two persons who are members of the IfA or its staff.
- (5) The IfA may, with the approval of the Secretary of State, arrange for the payment of remuneration, allowances and expenses to any person who—
- (a) is a member of an IfA committee, but
- (b) is not a member of the IfA or its staff.
- (6) The IfA must, if directed to do so by the Secretary of State, review—
- (a) the structure of IfA committees, and
- (b) the scope of the activities of each IfA committee.
Procedure
8
- (1) The IfA may regulate—
- (a) its own proceedings (including quorum), and
- (b) the procedure (including quorum) of IfA committees.
- (2) The validity of proceedings of the IfA, or of an IfA committee, is not affected by—
- (a) a vacancy;
- (b) a defective appointment.
Exercise of functions
9
- (1) Subject to sub-paragraphs (2) and (3), the IfA may authorise any of the following to exercise functions on its behalf—
- (a) a member of the IfA;
- (b) a member of the IfA's staff;
- (c) an IfA committee;
- (d) any other person.
- (2) The IfA may not authorise any of the functions under sections ZA2A, A2, ZA10, ZA11, A2D2 to A2D9 and A2E to A2IB to be exercised on its behalf—
- (a) under sub-paragraph (1)(c), by a committee a majority of the members of which are not members of the IfA's staff, or
- (b) under sub-paragraph (1)(d).
- (3) The IfA may authorise the exercise on its behalf of functions that have been—
- (a) delegated to the IfA by directions under section ZA4, or
- (b) conferred on the IfA by regulations under section ZA5,
only if and to the extent that the directions or regulations so provide.
Supplementary powers
10
- (1) The IfA may—
- (a) provide information or advice to any person in connection with any of the IfA's functions;
- (b) co-operate or work jointly with any person where it is appropriate to do so for the efficient and effective performance of any of the IfA's functions;
- (c) carry out research for the purposes of, or in connection with, the IfA's functions;
- (ca) use, in the exercise of any of its functions, information obtained by it in the exercise of any of its other functions;
- (d) do anything else that the IfA considers necessary or appropriate for the purposes of, or in connection with, its functions.
- (2) The powers in sub-paragraph (1) are subject to any restrictions imposed by or under any provision of any Act.
- (3) The IfA may not borrow money.
- (4) The IfA may not, without the consent of the Secretary of State—
- (a) lend money,
- (b) form, participate in forming or invest in a company, or
- (c) form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993).
- (5) In sub-paragraph (4) the reference to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.
Accounts and reports
11
- (1) The IfA must—
- (a) keep proper accounts and proper records in relation to its accounts, and
- (b) prepare in respect of each financial year a statement of accounts.
- (2) Each statement of accounts must comply with any directions given by the Secretary of State as to—
- (a) the information to be contained in it,
- (b) the manner in which such information is to be presented, or
- (c) the methods and principles according to which the statement is to be prepared.
- (3) The IfA must send a copy of each statement of accounts to—
- (a) the Secretary of State, and
- (b) the Comptroller and Auditor General,
before the end of the month of August following the financial year to which the statement relates.
- (4) The Comptroller and Auditor General must—
- (a) examine, certify and report on each statement of accounts, and
- (b) send a copy of each report and certified statement to the Secretary of State.
- (5) The Secretary of State must lay before Parliament—
- (a) a copy of each statement sent to the Secretary of State under sub-paragraph (3), and
- (b) a copy of each report and certified statement sent to the Secretary of State under sub-paragraph (4).
- (6) “Financial year” has the meaning given by section ZA6(6) (annual and other reports).
Application of seal and proof of documents
12
- (1) The application of the IfA's seal must be authenticated by the signature of—
- (a) the chief executive, or
- (b) a member of the IfA who has been authorised by the IfA for that purpose (whether generally or specifically).
- (2) A document purporting to be duly executed under the IfA's seal, or signed on its behalf—
- (a) is to be received in evidence, and
- (b) is to be treated as executed or signed in that way, unless the contrary is proved.
Funding
13
- (1) The Secretary of State may make grants to the IfA, or provide the IfA with any other kind of financial assistance, subject to any conditions that the Secretary of State considers appropriate.
- (2) The conditions may, in particular—
- (a) enable the Secretary of State to require full or partial repayment of sums paid by the Secretary of State if any of the conditions are not complied with;
- (b) require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the conditions remains unpaid.
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Technical education qualifications
A2D3
- (1) The Secretary of State may ... approve a technical education qualification under this section in respect of one or more occupations for which standards are published under section ZA11.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The Secretary of State may approve a technical education qualification under this section only if satisfied that
- (b) by obtaining the qualification a person demonstrates that he or she has attained as many of the outcomes set out in the standards as may reasonably be expected to be attained by undertaking a course of education.
- (4) The Secretary of State may approve a technical education qualification under this section only where the Secretary of State—
- (a) has determined the documents relating to the qualification to which the Secretary of State considers section A2IA should apply (if any), and
- (b) is satisfied that each person (other than the Secretary of State ) who the Secretary of State thinks is entitled to a right or interest in any copyright in those documents agrees to the right or interest being transferred to the Secretary of State (see section A2IA).
- (5) If the Secretary of State fails to comply with subsection (4)(b) then, unless the Secretary of State does so in the knowledge that a person does not agree as mentioned in that provision—
- (a) the failure does not invalidate the approval of the qualification, but
- (b) the Secretary of State must pay such compensation (if any) as may be appropriate to any person whose right or interest is transferred to the Secretary of State without the person's agreement.
- (6) In making a determination under subsection (4)(a), the Secretary of State may take into account the likelihood of any person agreeing as mentioned in subsection (4)(b).
- (7) The Secretary of State may revise a determination under subsection (4)(a) before approving the qualification.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A2D4
- (1) Where there is a technical education qualification that is approved under section A2D3 in respect of one or more occupations, the Secretary of State may from time to time determine other steps that the Secretary of State considers it would be appropriate for a person to take in order to progress towards being a person who is competent to work in those occupations.
- (2) Steps determined under this section may include the obtaining of other qualifications.
- (3) The Secretary of State may make a further determination under this section.
- (4) The Secretary of State must publish a statement of any steps the Secretary of State determines under this section.
- (5) In this Chapter steps that the Secretary of State determines under this section are referred to as “approved steps towards occupational competence”.
A2D10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A2HA
- (1) The Secretary of State must maintain a list of approved technical education qualifications.
- (1A) For each qualification, the list must indicate whether (in conjunction with any steps determined under section A2D4) it could lead to the issue of a technical education certificate.
- (2) The list must include information for the purpose of enabling people to refer, in relation to each qualification, to—
- (a) any standards published under section ZA11 for the occupations in respect of which the qualification is approved, and
- (b) any statement of steps published under section A2D4 in relation to those occupations.
- (3) The Secretary of State must ensure that the list is available free of charge.
A2IA
- (1) This section applies where a technical education qualification is approved under section A2D3.
- (2) The right or interest in any copyright in a relevant course document is, by virtue of this section, transferred from the person to the Secretary of State at the time the approval is given.
- (3) The Secretary of State may assign to another person, or grant a licence to another person in respect of, any right or interest transferred to the Institute by virtue of this section.
- (4) In this section “relevant course document” means a document in relation to which the Secretary of State has made a determination under section A2D3(4)(a).
A3A
- (1) The Secretary of State may issue a certificate (a “technical education certificate”) to a person if it appears to the Secretary of State that the person has—
- (a) obtained a technical education qualification approved under section A2D3, and
- (b) taken any other steps determined under section A2D4 in relation to the occupations in respect of which the qualification is approved.
- (2) The Secretary of State may by regulations make provision—
- (a) requiring an application to be made in a prescribed manner before a certificate is issued;
- (b) about the supply by the Secretary of State of copies of technical education certificates to persons to whom they were issued;
- (c) authorising the Secretary of State (subject to any restrictions prescribed by the regulations) to charge a fee for issuing a technical education certificate or supplying a copy.
Targets for safeguarding and promoting the welfare of children
Inspection of children's centres
Children's centres: safeguarding children
Power of members of staff to search students for prohibited items: England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arrangements for children's centres
Student loans under the 1990 Act: IVAs and bankruptcy
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power to specify qualification in information technology
5A
The level of attainment demonstrated by a specified qualification in making use of information technology must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.
101A
- (1) The Secretary of State may not provide financial resources to a person under—
- (a) section 100(1A) for the provision of training as part of a relevant English statutory apprenticeship, or
- (b) section 100(1B) for the provision of education or training as part of an approved technical education qualification or approved step towards occupational competence,
unless the resources are provided subject to conditions requiring the person to comply with the safeguarding duties.
- (2) “The safeguarding duties” are—
- (a) a duty to make arrangements to safeguard and promote the welfare of children receiving the education or training mentioned in subsection (1)(a) or (b) (as the case may be), and
- (b) a duty to have regard to any guidance given from time to time by the Secretary of State in considering what arrangements are required.
- (3) In this section, a “relevant English statutory apprenticeship” means an apprenticeship falling within section 40A(3)(a) to (c).
Powers of persons providing administrative support in connection with inspections
Power of members of staff to search students for weapons: Wales
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ZA2A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ZA8A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A2D1
- (1) Sections A2D3 and A2D5 provide for the approval of technical education qualifications.
- (2) Section A2D3 provides for the approval of technical education qualifications which (in conjunction with any approved steps towards occupational competence determined under section A2D4) can lead to the award of technical education certificates under section A3A.
- (3) Section A2D5 provides for the approval of other technical education qualifications.
- (4) For further provision about approval of technical education qualifications see, in particular—
- (a) section A2D2 (provision about the categories of technical education qualification that may be approved under section A2D3 or A2D5),
- (c) section A2HA (list of technical education qualifications), and
- (d) section A2IA (transfer of copyright relating to technical education qualifications approved under section A2D3).
A2D2
- (1) The Secretary of State—
- (a) may specify one or more categories of technical education qualification in relation to England that may be approved under section A2D3, and
- (b) may specify one or more categories of technical education qualification in relation to England that may be approved under section A2D5.
- (2) The Secretary of State may specify a category under subsection (1)(b) only if the Secretary of State considers that it would not be appropriate for qualifications in the category to be approved under section A2D3.
- (3) For any category specified under subsection (1)(b), the Secretary of State must specify which of the following is the appropriate test for the purposes of section A2D5—
- (4) The Secretary of State may revise or withdraw any category specified under subsection (1).
- (5) A technical education qualification does not cease to be approved merely because the category is revised or withdrawn under subsection (4).
- (6) The Secretary of State must publish information showing—
- (a) the categories of technical education qualification that are for the time being specified under subsection (1), and
- (b) for each category, whether qualifications in the category may be approved under section A2D3 or A2D5 and, if under section A2D5, the appropriate test.
- (7) Before specifying a category of qualification under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
A2D5
- (1) The Secretary of State may ... approve a technical education qualification under this section in respect of one or more published occupations (each a “related” occupation).
- (2) But the Secretary of State may approve a qualification under this section only if—
- (a) the Secretary of State is satisfied that the qualification falls within a category specified under section A2D2(1)(b),
- (b) the qualification meets each of the following tests in respect of the related occupation or occupations—
- (ii) the employer demand test (see subsection (6)), and
- (c) the Secretary of State is not prevented from approving the qualification by virtue of a moratorium under section A2D9.
- (3) The alternative approval test is met in respect of an occupation if—
- (a) a standard is published under section ZA11 for the occupation, and
- (b) the Secretary of State is satisfied that by obtaining the qualification a person demonstrates attainment of as many of the outcomes set out in the standard as may reasonably be expected to be attained by undertaking a course of education.
- (4) The additional specialist competence test is met in respect of an occupation if—
- (a) a standard is published under section ZA11 for the occupation, and
- (b) the Secretary of State is satisfied that—
- (i) by obtaining the qualification, a person demonstrates attainment of particular outcomes which are additional to those set out in the standard, and
- (ii) attaining all those outcomes (together with attainment of the outcomes set out in the standard) would enable a person to specialise within the occupation.
- (5) The significant outcomes test is met in respect of one or more occupations if—
- (a) the Secretary of State is satisfied that—
- (i) by obtaining the qualification a person demonstrates attainment of particular outcomes in relation to the occupations, and
- (ii) attaining those outcomes would enable a person to work in the occupations at a particular level of competence (whether in the course of training or otherwise) or to improve competence in the occupations, and
- (b) where standards are published under section ZA11 for any of the occupations, the outcomes are set out in the standards (whether or not all in the same standard).
- (6) The employer demand test is met in respect of one or more occupations if the Secretary of State is satisfied that there is, or is likely to be, demand from employers in the occupations for employees who have obtained the particular qualification.
A2D6
- (1) The Secretary of State may make any arrangements that the Secretary of State considers appropriate—
- (a) to secure that suitable technical education qualifications are available for approval under section A2D3 or A2D5, or
- (b) in connection with the approval, or continued approval, of a technical education qualification under either of those sections.
- (2) The Secretary of State may withdraw approval of a technical education qualification.
- (3) The Secretary of State is not required to withdraw approval of a technical education qualification in a specified category merely because—
- (a) the qualification is modified, or
- (4) The Secretary of State must publish information about matters that the Secretary of State takes into account when deciding whether or not—
- (a) to approve a qualification under section A2D3 or A2D5, or
- (b) to withdraw approval of it.
- (5) The matters may differ for different purposes and may, in particular, be different for—
- (a) qualifications in different categories specified under section A2D2, or
- (b) qualifications relating to different occupations.
- (6) When making a decision of the kind mentioned in subsection (4)(a) or (b) in a particular case, the Secretary of State may also take into account such other matters as the Secretary of State considers appropriate in the case in question.
- (7) Information published under subsection (4) may be revised or replaced, and the Secretary of State must publish under that subsection any revised or replacement information.
A2D7
- (1) Where a technical education qualification is approved in respect of an occupation, the Secretary of State must publish, with the information published under section ZA10(5) in relation to the occupation, information indicating—
- (a) that a technical education qualification has been approved in respect of it, and
- (b) whether the qualification (in conjunction with any steps approved under section A2D4) could lead to a technical education certificate.
- (2) If approval of the technical education qualification is withdrawn, the Secretary of State must publish, with the information published under section ZA10(5) in relation to the occupation, information indicating that the approval of the qualification has been withdrawn.
- (3) The Secretary of State may ... charge fees for things done in connection with approval, or continued approval, of qualifications under section A2D5.
- (4) The fees are to be determined by or in accordance with regulations made by the Secretary of State.
A2D8
- (1) The Secretary of State must maintain arrangements for reviewing approved technical education qualifications ... with a view to determining, for each qualification, whether—
- (a) it should continue to be approved,
- (b) it should be revised, or
- (c) approval should be withdrawn.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A2D9
- (1) This section applies where the Secretary of State determines that there is an appropriate number of approved technical education qualifications of a particular kind.
- (2) The Secretary of State may decide not to approve further technical education qualifications of that kind under section A2D5 for a period (a “moratorium”).
- (3) Where the Secretary of State decides that there should be a moratorium in relation to technical education qualifications of a particular kind, the Secretary of State—
- (a) must publish that decision, and
- (b) during the moratorium, may not approve any further technical education qualification of that kind under section A2D5.
- (4) A moratorium ends when the Secretary of State decides to end it.
- (5) Where the Secretary of State decides to end a moratorium, the Secretary of State must publish that decision.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A2D11
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A2IB
The Secretary of State may provide advice and assistance, or take other steps that the Secretary of State considers appropriate, for the purpose of enabling approved technical education qualifications to be made available to be obtained by persons outside England.
A12
- (1) In this Chapter—
- “approved technical education qualification” means a technical education qualification that is approved by the Secretary of State under section A2D3 or A2D5;
- ...
- “published occupation” means an occupation which the Secretary of State has determined falls within section ZA10(1)(a) and in relation to which information is published under section ZA10(5);
- “specified category”, in relation to a qualification, means a category specified under section A2D2;
- “technical education certificate” has the meaning given by section A3A;
- “technical education qualification” means a qualification that relates to one or more occupations.
- (2) References in this Chapter to approval, in relation to a technical education qualification approved under section A2D3 or A2D5, are to approval under the section in question.
40AB
- (1) Ofqual may disclose information to a relevant person for the purpose of a relevant function of—
- (a) Ofqual, or
- (b) the relevant person.
- (2) A relevant person may disclose information to Ofqual for the purpose of a relevant function of—
- (a) Ofqual, or
- (b) the relevant person.
- (3) In this section “relevant person” means—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) the OfS;
- (c) Ofsted;
- (d) a prescribed person.
- (4) In this section “relevant function” means—
- (a) in relation to ... Ofqual, the OfS or Ofsted, a technical education function of that body so far as the function relates to England;
- (b) in relation to a prescribed person, a prescribed technical education function of that person, so far as the function relates to England.
- (5) In this section—
- “Ofqual”, the “OfS” and “Ofsted” have the same meanings as in section 40AA;
- “technical education function” means a function that relates to technical education qualifications approved, or that may be approved, by the Secretary of State under section A2D3 or A2D5.
Local Safeguarding Children Boards: lay members
Power of members of staff to search students for weapons: Wales
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