Apprenticeships, Skills, Children and Learning Act 2009

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.