Apprenticeships, Skills, Children and Learning Act 2009

The apprenticeship offer

91 Duty to secure availability of apprenticeship places

(1) The Chief Executive must exercise the functions of the office in such a way as to secure that apprenticeship places are available in sufficient number and variety for there to be suitable apprenticeship places available for all persons—

(a) who have elected under section 92 for the apprenticeship offer, and

(b) for whom places have not already been made available under the apprenticeship offer.

(2) For the purposes of subsection (1), an apprenticeship place is suitable for a person if it is—

(a) in one of the two available sectors chosen by the person under section 92,

(b) at the appropriate level, and

(c) within the person’s reasonable travel area.

(3) Regulations may make provision as to circumstances in which an apprenticeship place is to be treated as having been, or as not having been, made available for a person under the apprenticeship offer.

(4) In securing the provision of facilities for apprenticeship training for the purpose of meeting the requirement imposed by subsection (1) the Chief Executive must make the best use of the Chief Executive’s resources.

92 Election for apprenticeship offer

(1) A person who—

(a) is within subsection (2), (3) or (4), and

(b) satisfies the apprenticeship offer requirements at level 2 or level 3 (see section 95),

is entitled to elect for the apprenticeship offer at that level.

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

(a) is over compulsory school age, and

(b) is aged under 19.

(3) A person within this subsection is one who is not within subsection (2) and—

(a) is a person aged under 21 towards whom a local authority in England has the duties provided for in section 23C of the Children Act 1989 (c. 41) (continuing functions in respect of certain formerly looked after children), or

(b) is a person to whom section 23CA of that Act applies, in relation to whom a local authority in England is the responsible local authority (within the meaning of that section).

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

(a) is not within subsection (2), and

(b) is of a prescribed description.

(5) If regulations under subsection (4)(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.

(6) A person who elects for the apprenticeship offer must choose two available sectors.

(7) A person who elects for the apprenticeship offer and satisfies the apprenticeship offer requirements both at level 2 and at level 3 must choose one of those levels.

(8) The Secretary of State may make arrangements for the making of elections and choices of apprenticeship sectors and levels under this section.

(9) The Secretary of State may delegate the functions conferred by subsection (8) (and may do so on terms which allow sub-delegation).

93 Meaning of “apprenticeship place”

(1) For the purposes of section 91, “apprenticeship place” means a place consisting of arrangements which—

(a) are arrangements for—

(i) employment, and

(ii) training or study,

leading to the issue of an apprenticeship certificate under section 3 relating to an apprenticeship framework (“the related framework”), and

(b) satisfy subsection (2).

(2) The arrangements must relate to each of the standard English completion conditions specified in section 1(3) in relation to the related framework and must include, in particular—

(a) arrangements for employment under an apprenticeship agreement in connection with the related framework,

(b) arrangements for a course, or courses, of training leading to the competencies qualification identified in the related framework, to be provided by—

(i) a college or other institution, or

(ii) the employer under the apprenticeship agreement, and

(c) in relation to each other qualification specified in the related framework, arrangements for study or training, whether provided by means of a course or otherwise.

(3) A reference to training in subsection (2)(b) or (c) does not include a reference to training provided by an employer to a person while the person is carrying out work for the employer under an apprenticeship agreement.

94 Suitability and availability of apprenticeship places: further provision

(1) This section has effect for the purposes of section 91.

(2) An apprenticeship place is in the apprenticeship sector to which the related framework (within the meaning of section 93(1)) relates.

(3) An apprenticeship place is at the appropriate level—

(a) in the case of a person who satisfies the apprenticeship offer requirements both at level 2 and at level 3, if the related framework is at the level chosen by the person under section 92,

(b) in the case of any other person who satisfies the apprenticeship offer requirements at level 2, if the related framework is at level 2, and

(c) in the case of any other person who satisfies the apprenticeship offer requirements at level 3, if the related framework is at level 3.

(4) An apprenticeship place is within a person’s reasonable travel area if the following are within that area—

(a) the place, or principal place, at which the person would be required to work under the apprenticeship agreement to which the arrangements mentioned in section 93(2)(a) relate, and

(b) the place at which tuition or training would be provided under any course of study or training to which the arrangements mentioned in section 93(2)(b) or (c) relate.

(5) In subsection (4), “reasonable travel area”, in relation to a person, means—

(a) the area specified under subsection (6) in which the person lives, and

(b) any other area within which it is reasonable for the person’s place of work, training or study to be located.

(6) The Secretary of State must specify areas into which England is to be divided for the purposes of subsection (5)(a), and must publish any specification or revised specification under this subsection.

(7) An apprenticeship place is not available to a person if the person is not eligible for appointment to the employment to which the arrangements mentioned in section 93(2)(a) relate because of failure to meet any published criterion.

(8) In subsection (7), “published criterion” includes any requirement for employment of the kind in question—

(a) which is imposed by the employer, and

(b) about which information is available to persons proposing to apply for such employment.

95 Apprenticeship offer requirements

(1) In order to satisfy the apprenticeship offer requirements at level 2 a person must—

(a) hold—

(i) a specified full level 1 qualification, and

(ii) specified qualifications, at level 1 or above, in English and mathematics, and

(b) not hold an apprenticeship certificate at level 2 or above,

and must be available for employment under an apprenticeship agreement.

(2) In order to satisfy the apprenticeship offer requirements at level 3 a person must—

(a) hold—

(i) a specified full level 2 qualification, and

(ii) specified qualifications, at level 2, in English and mathematics, and

(b) not hold an apprenticeship certificate at level 3 or above,

and must be available for employment under an apprenticeship agreement.

(3) A reference in this section to any specified qualification includes a reference to a qualification (including one awarded by a person outside England) which appears to the Chief Executive to be at a comparable or higher level.

(4) In this section “apprenticeship certificate” means an apprenticeship certificate issued under section 3 or 4; and a reference in this section to an apprenticeship certificate at any level includes a reference to a certificate or other evidence (including a certificate awarded or evidence provided by a person outside England) which appears to the Chief Executive to be evidence of experience and attainment at a comparable or higher level.

(5) Regulations may make provision as to circumstances in which a person who appears to the Chief Executive to have a learning difficulty is to be treated as meeting the requirements set out in subsection (1)(a) or (2)(a).

(6) Subsections (6) and (7) of section 15ZA of the Education Act 1996 (c. 56) (meaning of learning difficulty) apply for the purposes of subsection (5) of this section as they apply for the purposes of that section.

(7) Regulations may make provision as to circumstances in which a person is to be treated as being available, or not being available, for employment under an apprenticeship agreement.

96 Apprenticeship offer requirements: interpretation

(1) This section has effect for the purposes of section 95.

(2) A reference to a specified qualification is to a regulated qualification which is specified, or which is of a description specified, in regulations.

(3) “Full level 1 qualification” means a qualification at the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Secondary Education in five subjects.

(4) A reference to a qualification in English or mathematics at level 1 is to a qualification in that subject at the level of attainment (in terms of depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Secondary Education in that subject.

(5) “Full level 2 qualification” means a qualification at the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Secondary Education in five subjects, each at Grade C or above.

(6) A reference to a qualification in English or mathematics at level 2 is to a qualification in that subject at the level of attainment (in terms of depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Secondary Education in that subject at Grade C or above.

(7) In forming an opinion for the purposes of any of subsections (3) to (6), the Secretary of State must consult the Office of Qualifications and Examinations Regulation.

(8) In subsection (2), “regulated qualification” has the meaning given by section 130.

(9) The Secretary of State may, by order, amend this section so as to substitute a different qualification for a qualification for the time being referred to in subsection (3), (4), (5) or (6).

(10) The Secretary of State must consult the Office of Qualifications and Examinations Regulation before exercising the power conferred by subsection (9).

97 Suspension of offer

(1) The Secretary of State may by order suspend the apprenticeship offer in an area specified in the order, for a period so specified—

(a) in relation to a particular apprenticeship sector, or

(b) in relation to a particular apprenticeship sector at a particular level.

(2) The period specified in an order under subsection (1) must not exceed 2 years.

(3) An apprenticeship sector is an available sector, in relation to a person’s election under section 92 for the apprenticeship offer at a particular level, unless the person lives in an area in which the apprenticeship offer is suspended in relation to that sector at that level.

98 Power to amend apprenticeship offer

The Secretary of State may by order amend—

(a) the age for the time being specified in section 92(2)(b);

(b) any of the requirements specified in section 95.

99 Apprenticeship offer: interpretation

(1) In sections 91 to 98—

• “apprenticeship agreement” has the meaning given by section 32(1);

• “apprenticeship framework” has the meaning given by section 12;

• “apprenticeship sector” means a sector specified under section 38;

• “available sector” has the meaning given by section 97.

(2) References in sections 91 to 98 to—

(a) the level of an apprenticeship framework, or

(b) the apprenticeship sector to which an apprenticeship framework relates,

are to be read in accordance with section 12(5).