Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026

Prospective

11 Scottish apprenticeships S

(1) The 2005 Act is modified as follows.

(2) After section 12D (as inserted by section 10(3)) insert—

“Scottish apprenticeships S

12E Definition of Scottish apprenticeship

(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.

12F Scottish apprenticeship frameworks

(1) The Council may prepare and publish Scottish apprenticeship frameworks.

(2) A framework is to set out the relevant requirements for a Scottish apprenticeship in respect of different occupations or activities, including—

(a) the required standards or qualifications to be achieved by apprentices during an apprenticeship, and

(b) the required types or amount of training.

(3) In preparing a framework, the Council must have regard to the views of—

(a) such apprentices, prospective apprentices, and persons who appear to the Council to represent their interests, as the Council considers likely to be affected by the framework,

(b) 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 Council to be representative of the interests of apprentices likely to be affected by the framework,

(c) such employers and prospective employers of apprentices as the Council considers likely to be affected by the framework, and

(d) such other persons as the Council considers likely to be affected.

(4) The Council may amend or revoke a Scottish apprenticeship framework.

(5) Where it amends or revokes a framework, the Council must publish a statement of its reasons for doing so.

(6) Before amending or revoking a framework, the Council must have regard to the views of—

(a) such apprentices, prospective apprentices, and persons who appear to the Council to represent their interests, as the Council considers likely to be affected by the amendment or revocation of the framework,

(b) 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 Council to be representative of the interests of apprentices likely to be affected by the amendment or revocation of the framework,

(c) such employers and prospective employers of apprentices as the Council considers likely to be affected by the amendment or revocation of the framework, and

(d) such other persons as the Council considers likely to be affected.

(7) The Scottish Ministers may by regulations make further provision about—

(a) the requirements for Scottish apprenticeships which are to be specified in a framework, and

(b) the process to be followed by the Council in preparing, publishing, amending and revoking frameworks.

12G Requests for apprenticeship frameworks

(1) A person may request the Council to prepare or amend a Scottish apprenticeship framework for a particular occupation or activity.

(2) The Council must consider any request made to it under subsection (1).

(3) The Council may charge a reasonable fee to cover the cost, in whole or in part, of preparing or amending a framework as requested.

(4) Subsections (2) to (6) of section 12F apply to a framework requested to be prepared or amended under this section.

(5) The Scottish Ministers may by regulations make provision about—

(a) the process to be followed by the Council in responding to requests to prepare or amend a framework,

(b) the amount of the fee that the Council may charge for preparing or amending a framework,

(c) the circumstances in which the fee is to be waived by the Council.

12H Scottish apprenticeship certificates

(1) An individual who is or has been an apprentice, or another person on behalf of such an individual, may apply to the Council for a Scottish apprenticeship certificate.

(2) The Council may issue a Scottish apprenticeship certificate where it is satisfied that the individual in respect of whom an application has made has completed a Scottish apprenticeship.

(3) The Council may charge a reasonable fee for issuing a Scottish apprenticeship certificate.

(4) The Scottish Ministers may by regulations make provision about—

(a) the process for requesting and issuing apprenticeship certificates, and

(b) the amount of the fee that the Council may charge for issuing a certificate.”.

(3) In section 35 (interpretation), in subsection (1), after the definition of “regional strategic body” insert—

• ““Scottish apprenticeship” has the meaning given by section 12E,”.

Commencement Information

I1 S. 11 not in force at Royal Assent, see s. 39(2)