Part 1SFurther and higher education etc.

[F1Scottish apprenticeshipsS

Textual Amendments

F1Ss. 12E-12H and cross-heading inserted (1.10.2026 for the insertion of ss. 12E, 12F; otherwise prosp.) by Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026 (asp 5), ss. 11(2), 39(2); S.S.I. 2026/261, reg. 2(1)(3), sch. Pt. 1

12EDefinition of Scottish apprenticeshipS

(1)For the purposes of this Part, a Scottish apprenticeship means an arrangement where—

(a)an apprentice works for a person (“the employer”) for reward in an occupation or activity included in a Scottish apprenticeship framework,

(b)the apprentice receives training to meet the relevant requirements specified in a Scottish apprenticeship framework,

(c)there is an apprenticeship agreement in place between the apprentice and the employer and any training provider involved in the delivery of the apprenticeship, and

(d)any other criteria set out in regulations made by the Scottish Ministers are satisfied.

(2)The Scottish Ministers may by regulations modify the definition of a Scottish apprenticeship in subsection (1).

(3)Before laying a draft of regulations under subsection (2) before the Scottish Parliament, the Scottish Ministers must consult—

(a)the Council,

(b)apprentices and persons who appear to the Scottish Ministers to represent the interests of apprentices,

(c)representatives of any trade union (within the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992) which appears to the Scottish Ministers to be representative of the interests of apprentices,

(d)employers and prospective employers of apprentices,

(e)the post-16 education bodies,

(f)training providers (within the meaning given by section 12J(3)), and

(g)such other persons as the Scottish Ministers consider appropriate.

(4)In subsection (1), an “apprenticeship agreement” means an agreement which provides for an apprentice to receive training in order to assist the apprentice to meet the relevant requirements specified in an apprenticeship framework.]