Search Legislation

Education Act 2011

Status:

This is the original version (as it was originally enacted).

Apprenticeships

69The apprenticeship offer

(1)ASCLA 2009 is amended as follows.

(2)After section 83 insert—

83AThe apprenticeship offer

(1)The Chief Executive must secure the provision of proper facilities for apprenticeship training that is suitable to the requirements of persons who—

(a)are within subsection (4), (5) or (6), and

(b)have an apprenticeship opportunity.

This is subject to section 83B (limit on scope of apprenticeship offer).

(2)The duty imposed by subsection (1) is referred to in this section and section 83B as “the apprenticeship offer”.

(3)An apprenticeship opportunity is an opportunity to—

(a)enter into an apprenticeship agreement,

(b)enter into any other contract of employment in connection with which training will be provided in accordance with an apprenticeship framework, or

(c)undertake any other kind of working—

(i)in relation to which alternative English completion conditions apply under section 1(5), and

(ii)in connection with which training will be provided in accordance with an apprenticeship framework.

(4)A person within this subsection is one who is over compulsory school age but under 19.

(5)A person within this subsection is one who is not within subsection (4) 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 (continuing functions in relation to certain formerly looked after children), or

(b)is a person to whom section 23CA of that Act applies (further assistance for certain formerly looked after children aged under 25), in relation to whom a local authority in England is the responsible local authority (within the meaning of that section).

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

(a)is not within subsection (4), and

(b)is of a prescribed description.

(7)If regulations under subsection (6)(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.

(8)Facilities are proper if they are—

(a)of a quantity sufficient to meet the reasonable needs of individuals, and

(b)of a quality adequate to meet those needs.

(9)Section 83(2) and (3) (when apprenticeship training is suitable, and matters to which Chief Executive must have regard) apply for the purposes of the apprenticeship offer.

(10)In complying with the apprenticeship offer the Chief Executive must make the best use of the Chief Executive’s resources.

(11)In this section “apprenticeship framework” has the meaning given by section 12.

(12)The Secretary of State may by order amend this section for the purpose of changing the descriptions of persons to whom the apprenticeship offer applies.

83BLimit on scope of the apprenticeship offer

(1)The Chief Executive is not required by the apprenticeship offer to secure the provision of facilities for apprenticeship training at a particular level for a person who—

(a)has already completed an English apprenticeship in relation to an apprenticeship framework at that level, or

(b)holds an apprenticeship certificate at that level.

(2)For the purposes of this section apprenticeship training is at a particular level if it might reasonably be expected to lead to the issue of an apprenticeship certificate at that level.

(3)The following provisions of Chapter 1 of Part 1 apply for the purposes of this section—

  • section 1 (meaning of “completing an English apprenticeship”);

  • section 12 (meaning of apprenticeship framework and level of an apprenticeship framework).

(4)In this section “apprenticeship certificate” means an apprenticeship certificate issued under section 3 or 4.

(5)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.

(3)Schedule 18 (consequential amendments) has effect.

70Securing the provision of apprenticeship training

(1)Part 4 of ASCLA 2009 (the Chief Executive of Skills Funding) is amended as follows.

(2)In section 85 (encouragement of training provision etc for persons within section 83)—

(a)for subsection (1)(a) substitute—

(a)make reasonable efforts to secure that employers participate in the provision of apprenticeship training for all persons who are within section 83(1)(a) or (b) or section 83A(4), (5) or (6);;

(b)in subsection (1)(b), for “training within the Chief Executive’s remit” substitute “apprenticeship training”;

(c)in subsection (2), after “provision of” insert “apprenticeship”;

(d)in the heading, for “Encouragement of training provision etc for persons within section 83” substitute “Provision of apprenticeship training etc for persons within section 83 or 83A”.

(3)In section 118 (guidance by Secretary of State), after subsection (1) insert—

(1A)Guidance under this section must include guidance about the performance by the Chief Executive of the duty imposed by section 85(1)(a).

71Apprenticeship certificates

(1)ASCLA 2009 is amended as follows.

(2)In section 5 (issue of certificates by the English certifying authority: supplementary), in subsection (3), for the words from “the English certifying authority” to the end substitute “a person supplying a copy of an apprenticeship certificate to charge a fee for doing so.”

(3)For section 6 (apprenticeship certificates: the English certifying authority) substitute—

6The English certifying authority

(1)In this Chapter, the “English certifying authority”, in relation to an apprenticeship certificate of any description, means—

(a)the person (if any) designated by the Secretary of State under this section to issue apprenticeship certificates of that description;

(b)if there is no-one within paragraph (a), the person (if any) designated by the Secretary of State under this section to issue apprenticeship certificates generally;

(c)if there is no-one within paragraph (a) or (b), the Secretary of State.

(2)The power conferred by subsection (1)(a) must be exercised so as to secure that, at any time, only one person is designated to issue apprenticeship certificates relating to a particular apprenticeship sector.

(3)A person designated under this section to issue apprenticeship certificates must, in exercising functions under this Chapter—

(a)comply with directions given by the Secretary of State, and

(b)have regard to guidance given by the Secretary of State.

(4)A designation under this section may be amended or revoked by the Secretary of State.

(4)In section 39(1) (interpretation of Chapter 1 of Part 1) for the definition of “English certifying authority” substitute—

  • “English certifying authority”, in relation to an apprenticeship certificate of any description, has the meaning given by section 6(1);.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources