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Tertiary Education and Research (Wales) Act 2022

Supplementary provisions about apprenticeship agreements

Section 121: Ineffective provisions of approved Welsh apprenticeship agreements

381.Subsection (1) provides that if an agreement contains provision that satisfies the conditions in section 112(1)(a) to (c), but also contains provision inconsistent with those conditions, that provision is to be treated has having no effect.

382.Subsections (2) and (3) provide that where an employer makes changes to the apprenticeship agreement which would mean the apprenticeship agreement no longer complies with the apprenticeship framework or requirements of an approved Welsh apprenticeship, the employer must notify the apprentice in writing of the variation and explain that the variation will mean the apprentice is no longer on an approved Welsh apprenticeship. If this is not done the variation will have no effect (subsection (4)).

Section 122: Status of approved Welsh apprenticeship agreements

383.This section provides that an approved Welsh apprenticeship agreement is not to be treated, for common law or statutory purposes, as being a contract of apprenticeship (as recognised at common law) but is instead to be treated as being a contract of service.

Section 123: Transfer of copyright in apprenticeship frameworks

384.This section makes provision for the transfer of copyright to the Commission where an apprenticeship framework is prepared by another person and published with the agreement of that person by the Commission.

Section 124: Crown servants

385.This section provides that a person who is employed as a Crown servant may undertake an approved Welsh apprenticeship agreement. The Welsh Ministers may make regulations in relation to an approved Welsh apprenticeship agreement and Crown servants.

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Text created by the Welsh 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 accompany all Acts of Senedd Cymru.


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