The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 6) Order 2013

Made: 22nd April 2013

In accordance with section 269(6) of that Act, the Secretary of State has consulted the Department for Employment and Learning in Northern Ireland.

Citation

1

• (1) This Order may be cited as the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 6) Order 2013.

• (2) In this Order—

• “the Act” means the Apprenticeships, Skills, Children and Learning Act 2009; and

• “Ofqual” means the Office of Qualifications and Examinations Regulation.

Provisions coming into force on 31st May 2013

2

The following provisions of the Act come into force on 31st May 2013—

• (a) sections 145 and 146;

• (b) section 266 to the extent that it relates to the provision in Schedule 16 specified below;

• (c) Schedule 16 so far as it relates to the repeal of section 9 of the Education and Skills Act 2008[^f00002].

Transitional provision

3

Any consultation carried out by Ofqual before 31st May 2013 for the purpose of developing criteria to be set under section 146(1) of the Act is to be treated as if it had been carried out by Ofqual under section 146(5) of the Act.

Signed

Matthew Hancock — Parliamentary Under Secretary of State — Department for Education — 22nd April 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force provisions of the Apprenticeships, Skills, Children and Learning Act 2009 on 31st May 2013. The following provisions, which are listed in Article 2, are being commenced—

• (a) section 145, which provides that a recognised body (a person recognised by Ofqual under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 to award qualifications) may only award a particular form of a qualification if conditions are met. One of those conditions is that the body has assigned a number of hours of guided learning to any qualification that is relevant for the purposes of the Education and Skills Act 2008 (“the 2008 Act”). The 2008 Act imposes a duty on people under 18 to participate in education or training if they have not attained a level 3 qualification (the level of attainment demonstrated by obtaining A-levels in two subjects);

• (b) section 146, which requires Ofqual to set and publish criteria which a recognised body must apply when determining whether a qualification is relevant for the purposes of the 2008 Act and, if so, the number of hours of guided learning that should be assigned to a form of the qualification;

• (c) section 266 and Schedule 16 so far as they relate to the repeal of section 9 of the Education and Skills Act 2008. Section 9, which is not yet in force, amends section 24 of the Education Act 1997 which has been repealed in relation to England.

Article 3 makes a transitional provision which enables any consultation carried out by Ofqual before 31st May 2013 for the purpose of developing criteria to be set under section 146(1) of the Act to be treated as if it had been carried out by Ofqual under section 146(5) of the Act.

Footnotes

[^f00001]: 2009 c.22.

[^f00002]: 2008 c.25.

[^f00003]: As amended by S.I 2010/1891.

[^f00004]: As amended by S.I 2010/1891.