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Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025

Type Public General Act

Publication 2025-05-15

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Institute for Apprenticeships and Technical Education: transfer of functions etc

Transfer of functions

1

Schedule 1—

(a) transfers the functions of the Institute for Apprenticeships and Technical Education to the Secretary of State, and

(b) makes minor and consequential amendments.

Transfer of property etc

2

Schedule 2 makes provision for transferring the property, rights and liabilities of the Institute for Apprenticeships and Technical Education to the Secretary of State.

Abolition

3

(1) The Institute for Apprenticeships and Technical Education is abolished.

(2) Schedule 3 makes consequential amendments.

Further amendments

Preparation of standards

4

(1) Section ZA11 of the Apprenticeships, Skills, Children and Learning Act 2009 (standards) is amended as follows.

(2) For subsection (3) substitute—

(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.

(3) In subsection (4), for the words from “The group” to “been” substitute “Where a standard is prepared by a group of persons, the group must be”.

(4) For subsection (6) substitute—

(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.

(5) In subsection (7), after paragraph (a) insert—

(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);

(6) In section A1 of the Apprenticeships, Skills, Children and Learning Act 2009 (meaning of “approved English apprenticeship” etc), for “approved standard”, in each place it occurs, substitute “published standard”.

Preparation of apprenticeship assessment plans

5

(1) Section A2 of the Apprenticeships, Skills, Children and Learning Act 2009 (apprenticeship assessment plans) is amended as follows.

(2) For subsection (6) substitute—

(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.

(3) In subsection (7), for the words from “The group” to “been” substitute “Where an apprenticeship assessment plan is prepared by a group of persons, the group must be”.

(4) For subsection (9) substitute—

(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.

(5) In subsection (10), after paragraph (a) insert—

(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);

Examinations by independent third parties

6

(1) The Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.

(2) In section A2D8 (reviews of approval of technical education qualifications)—

(a) in subsection (1) omit “at regular intervals”;

(b) omit subsection (2).

(3) In section A2E (reviews of published standards and assessment plans)—

(a) in subsection (1) omit “at regular intervals”;

(b) omit subsection (2);

Examinations by independent third parties

7

(1) Section A2G of the Apprenticeships, Skills, Children and Learning Act 2009 (examinations by independent third parties) is amended as follows.

(2) For subsections (1) and (2) substitute—

(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) Omit subsection (4).

Accreditation of technical education qualifications

8

(1) Section 138 of the Apprenticeships, Skills, Children and Learning Act 2009 (qualifications subject to Ofqual accreditation) is amended as follows.

(2) After subsection (1) insert—

(1ZA) But Ofqual may not make a determination under subsection (1) in relation to a technical education qualification within subsection (1A) unless the Secretary of State has notified it that it may do so.

(3) In subsection (1A)—

(a) for the words before paragraph (a) substitute “A technical education qualification is within this subsection if—”;

(b) in paragraph (a) for “the qualification” substitute “it”.

Report on Secretary of State's functions

Report on exercise of the Secretary of State’s functions

9

(1) Within the period of six months beginning with the day on which section 3 comes into force, the Secretary of State must lay before Parliament, and publish, a report about the exercise of the relevant functions.

(2) The report must include information about—

(a) which of the relevant functions are being exercised through an executive agency known as Skills England, and

(b) the impact of the exercise of the relevant functions on apprenticeships and technical education in England.

(3) In this section “the relevant functions” means the functions conferred or imposed on the Secretary of State by sections 1 and 4 to 7 and Schedule 1.

Final provisions

Power to make consequential provision

10

(1) The Secretary of State may by regulations make provision that is consequential on this Act.

(2) Regulations under subsection (1) may amend or repeal provision made by an Act passed—

(a) before this Act, or

(b) later in the same session of Parliament as this Act.

(3) Regulations under subsection (1)—

(a) must be made by statutory instrument;

(b) may make transitional or saving provision;

(4) A statutory instrument containing (alone or with other provision) regulations under subsection (1) that amend or repeal provision made by an Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5) Any other statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

Extent

11

(1) This Act extends to England and Wales only, subject to subsections (2) and (3).

(2) Any amendment or repeal made by this Act has the same extent as the provision amended or repealed.

(3) Section 10, this section and sections 12 to 14 extend to England and Wales, Scotland and Northern Ireland.

Commencement

12

(1) The following provisions of this Act come into force on such day as the Secretary of State may by regulations appoint—

(a) sections 1 to 8;

(b) Schedules 1 to 3.

(2) The other provisions of this Act come into force on the day on which this Act is passed.

(3) Regulations under subsection (1)—

(a) must be made by statutory instrument;

(b) may make different provision for different purposes.

Transitional and saving provision

13

(1) Subsection (2) applies to anything that—

(a) is done (or has effect as if done) by or in relation to the Institute for Apprenticeships and Technical Education (“the Institute”) for the purposes of, or otherwise in connection with, a transferred function, and

(b) is in effect immediately before the function is transferred.

(2) Anything to which this subsection applies is to be treated, so far as is necessary for continuing its effect, as done by or in relation to the Secretary of State.

(3) There may be continued by or in relation to the Secretary of State anything (including legal proceedings) which—

(a) relates to a transferred function, and

(b) is in the process of being done by or in relation to the Institute immediately before the function is transferred.

(4) In this section “transferred function” means a function transferred from the Institute to the Secretary of State by this Act.

(5) The Secretary of State may by regulations make further transitional or saving provision in connection with the coming into force of any provision of this Act.

(6) Regulations under subsection (5)—

(a) must be made by statutory instrument;

(b) may make different provision for different purposes.

Short title

14

This Act may be cited as the Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025.

Schedule 1

Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

1

The Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.

2

In section ZA9 (occupational categories), omit subsection (2).

3

(1) Section ZA10 (mapping of occupational groups) is amended as follows.

(2) For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3) In subsection (4)—

(a) for “it” substitute “the Secretary of State”;

(b) for “its determinations” substitute “a determination”.

4

(1) Section ZA11 (standards) is amended as follows.

(2) For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3) In subsection (7) for “it”, in each place it occurs, substitute “the Secretary of State”.

(4) In subsection (8), for “it” substitute “the Secretary of State”.

5

(1) Section A2 (apprenticeship assessment plans) is amended as follows.

(2) For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3) In subsection (1), for “it” substitute “the Secretary of State”.

(4) In subsection (10) for “it”, in each place it occurs, substitute “the Secretary of State”.

(5) In subsection (11), for “it” substitute “the Secretary of State”.

6

(1) Section A2B (evaluation of quality of apprenticeship assessments) is amended as follows.

(2) In subsections (1) and (3), for “Institute” substitute “Secretary of State”.

(3) Omit subsection (4).

7

(1) Section A2C (unsatisfactory apprenticeship assessments) is amended as follows.

(2) For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3) In subsection (1), for “it” substitute “the Secretary of State”.

(4) In subsection (3)—

(a) for “it” substitute “the Secretary of State”;

(b) for “the Secretary of State or such other person as” substitute “any person”.

8

Omit section A2D (committee to advise on quality evaluations etc).

9

(1) Section A2D2 (categories of technical education qualification) is amended as follows.

(2) For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3) In subsection (2), for “it”, in the first place it occurs, substitute “the Secretary of State”.

(4) In subsection (7), for the words after “consult” substitute “such persons as the Secretary of State considers appropriate”.

10

(1) Section A2D3 (technical education certificate: approval of technical education qualifications) is amended as follows.

(2) For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3) In subsection (1), omit “, if it considers it appropriate,”.

(4) In subsections (4) and (5), for “it”, in each place it occurs, substitute “the Secretary of State”.

(5) In subsection (7), for “its” substitute “a”.

11

(1) Section A2D4 (additional steps towards occupational competence) is amended as follows.

(2) For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3) In subsection (1), for “it”, in the first place it occurs, substitute “the Secretary of State”.

(4) In subsection (4), for “it” substitute “the Secretary of State”.

12

(1) Section A2D5 (further powers to approve technical education qualifications) is amended as follows.

(2) For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3) In subsection (1), omit “, if it considers it appropriate,”.

(4) In subsection (2), for “it” substitute “the Secretary of State”.

13

(1) Section A2D6 (approved technical education qualifications: approval and withdrawal) is amended as follows.

(2) For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3) In subsection (1), for “it” substitute “the Secretary of State”.

(4) In subsection (4), for “it”, in the first place it occurs, substitute “the Secretary of State”.

(5) In subsection (6), for “it” substitute “the Secretary of State”.

14

(1) Section A2D7 (approved technical education qualifications: publication and fees) is amended as follows.

(2) In subsections (1) and (2), for “Institute”, in each place it occurs, substitute “Secretary of State”.

(3) In subsection (3), omit the words from “by regulations” to “regulations) to”.

(4) After subsection (3) insert—

(4) The fees are to be determined by or in accordance with regulations made by the Secretary of State.

15

In section A2D8(1) (reviews of approval of technical education qualifications), for “Institute” substitute “Secretary of State”.

16

(1) Section A2D9 (moratorium on further approvals under section A2D5) is amended as follows.

(2) For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3) In subsection (2), for “that it should not” substitute “not to”.

(4) In subsections (3) and (5), for “it” substitute “the Secretary of State”.

(5) Omit subsection (6).

17

Omit section A2D10 (Secretary of State directions to the Institute).

18

Omit section A2D11 (co-operation between the Institute and Ofqual).

19

In section A2E(1) (regular reviews of published standards and assessment plans) for “Institute” substitute “Secretary of State”.

20

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