The Apprenticeships (Alternative English Completion Conditions) Regulations 2012

Made: 30th April 2012

Coming into force: 1st May 2012

The Secretary of State for Business, Innovation and Skills makes the following Regulations in exercise of the powers conferred by section 1(5) and 262(3) of the Apprenticeships, Skills, Children and Learning Act 2009 .

In accordance with section 262(6) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1

These Regulations may be cited as the Apprenticeships (Alternative English Completion Conditions) Regulations 2012 and come into force on the day after the day on which the Regulations are made.

The alternative English completion conditions

2

The alternative English completion conditions are the conditions specified in regulation 3, 4 , 4A or 5.

3

The conditions are that—

• (a) a person (“X”) has completed a course of training for the competencies qualification identified in one of the frameworks specified in the second column of the table in Schedule 1;

• (b) throughout the duration of that course, X was working in an occupation specified in the first column of that table in relation to that framework—

• (i) as a self-employed person; or

• (ii) otherwise than for reward; and

• (c) X meets the requirements specified in that framework for the purpose of the issue of an apprenticeship certificate.

4

• (1) The conditions are that—

• (a) a person (“Y”) entered into an apprenticeship agreement in connection with a recognised English apprenticeship framework;

• (b) Y started a course of training for the competencies qualification identified in that framework;

• (c) throughout the duration of the first phase of the course, Y was working under the apprenticeship agreement;

• (d) Y was dismissed by reason of redundancy before completing the course;

• (e) Y has completed the course within 6 months from the date of such dismissal;

• (f) throughout the duration of the second phase of the course, Y was working, otherwise than for reward, in connection with that framework; and

• (g) Y meets the requirements specified in that framework for the purpose of the issue of an apprenticeship certificate.

• (2) In paragraph (1)—

• (a) the reference to the first phase of the course is to the period beginning on the day on which the course of training referred to in paragraph (1)(a) was begun and ending on the date of dismissal;

• (b) the reference to the second phase of the course is to the period beginning on the day following the date of dismissal and ending on the day on which the course of training was completed.

5

The conditions are that—

• (a) in relation to one or more of the sports specified in Schedule 2—

• (i) a person (“Z”) has completed a course of training for the competencies qualification for the Sporting Excellence framework; and

• (ii) throughout the duration of the course, Z has worked as an athlete, whether for reward or otherwise;

• (b) Z completed the course of training referred to in paragraph (a) with a view to competing in one or more of the following—

• (i) the Olympic games;

• (ii) the Winter Olympic games;

• (iii) the Paralympic games;

• (iv) the Commonwealth games; and

• (c) Z meets the requirements specified in the Sporting Excellence framework for the purpose of the issue of an apprenticeship certificate.

SCHEDULE 1

SCHEDULE 2

Signed

Norman Lamb — Parliamentary Under Secretary of State for Employment Relations, Consumer and Postal Affairs — 2012-04-30

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2009 c.22. See section 264(1) for the definition of “regulations”.

Editorial notes

[^c21251301]: 2009 c.22. See section 264(1) for the definition of “regulations”.

[^key-e6f1e134fe9dc00e616d65dd569e188f]: Words in Sch. 1 Table inserted (30.7.2013) by The Apprenticeships (Alternative English Completion Conditions) (Amendment) Regulations 2013 (S.I. 2013/1968), regs. 1, 2

[^key-0879441599c796d9cce2f3c72ab7945a]: Word in reg. 2 inserted (15.10.2020) by The Apprenticeships (Alternative English Completion Conditions and Miscellaneous Provisions) (Amendment) (Coronavirus) Regulations 2020 (S.I. 2020/1120), regs. 1(2), 2(2)

[^key-fdce951105ae93315968f2433cd70d7a]: Reg. 4A inserted (15.10.2020) by The Apprenticeships (Alternative English Completion Conditions and Miscellaneous Provisions) (Amendment) (Coronavirus) Regulations 2020 (S.I. 2020/1120), regs. 1(2), 2(3)

4A

• (1) The conditions are that—

• (a) a person (“P”) working under an apprenticeship agreement (“the agreement”) was dismissed by reason of redundancy on or after the day on which the Apprenticeships (Alternative English Completion Conditions and Miscellaneous Provisions) (Amendment) (Coronavirus) Regulations 2020 came into force;

• (b) P had entered into the agreement in connection with a recognised English apprenticeship framework (“the framework”);

• (c) P had started a course of training (“the course”) for the competencies qualification identified in the framework but was dismissed before completing the course;

• (d) throughout the duration of the period beginning when P started the course and ending when P was dismissed, P was working under the agreement or a previous relevant agreement;

• (e) at the beginning of the day on which P was dismissed, P had completed at least 75% of the course;

• (f) after being dismissed, P completed the course;

• (g) throughout the duration of the period beginning with the day after the day on which P was dismissed and ending when P completed the course, P was working, otherwise than for reward, in connection with the framework; and

• (h) P meets the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate.

• (2) In paragraph (1)—

• (a) in sub-paragraphs (c) to (g), the references to P being dismissed are to the dismissal referred to in paragraph (1)(a);

• (b) in sub-paragraph (d), a “relevant agreement” means an agreement entered into by P in connection with a recognised English apprenticeship framework, where that framework was the same as the framework referred to in paragraph (1)(b).