92Election 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).