Tertiary Education and Research (Wales) Act 2022 Explanatory Notes

Functions of the Commission

Section 117: Preparation and publication of apprenticeship frameworks

372.Subsection (1) allows the Commission to prepare apprenticeship frameworks. The Commission may also secure preparation of apprenticeship frameworks by other persons.

373.The Commission may publish apprenticeship frameworks that meet the specification requirements under section 114, even where the apprenticeship framework was not prepared by the Commission or secured by the Commission, for example an apprenticeship framework which has been prepared by an occupational sector body. An apprenticeship framework may specify requirements for different levels under the same occupation or group of occupations, such as intermediate (level 2)(1), advanced (level 3), higher (level 4 - 5) or degree (level 6-7).

374.The Commission must keep apprenticeship frameworks under review and must determine whether a framework should be revised or withdrawn (subsection (6)).

375.A published apprenticeship framework must state the coming into force date of the framework or revised framework (subsection (8)).

Section 118: Register of apprenticeship frameworks

376.The Commission must maintain and publish a register of apprenticeship frameworks published under section 117 (subsections (1) and (5)). The register must include the coming into force date of each apprenticeship framework or revised framework and a description of any revised apprenticeship framework and its application (subsection (3)).

377.Where an apprenticeship framework is withdrawn, the register must include information on the date of withdrawal and a description of the application of the withdrawal (subsection (4)). The Welsh Ministers may make regulations to require the Commission to include other information in the register (subsection (6)).

Section 119: Power to issue apprenticeship certificates

378.This section allows the Commission to issue “an apprenticeship certificate” or a copy of an apprenticeship certificate to an apprentice who has completed an approved Welsh apprenticeship. The Commission may charge a fee for issuing an apprenticeship certificate or copy of a certificate only if the regulations made by the Welsh Ministers allow for a fee.

Section 120: Delegation of Commission functions

379.Subsection (1) allows the Commission to delegate to another person its power to publish apprenticeship frameworks under section 117(2) or its power to issue apprenticeship certificates under section 119. The designated person must comply with directions given by the Commission and must have regard to any guidance issued by the Commission (subsection (3)). The Commission may continue to exercise any functions it has delegated to another person and it remains responsible for the exercise of the functions (subsection (5)).

380.The Commission may make payments for expenditure incurred or pay remuneration to the designated person in relation to the exercise of the delegated functions (subsection (6)).

1

Qualification levels under the Credit and Qualifications Framework for Wales (CQFW).

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