http://www.legislation.gov.uk/ukpga/2011/21/section/69/2011-11-15Education Act 2011An Act to make provision about education, childcare, apprenticeships and training; to make provision about schools and the school workforce, institutions within the further education sector and Academies; to abolish the General Teaching Council for England, the Training and Development Agency for Schools, the School Support Staff Negotiating Body, the Qualifications and Curriculum Development Agency and the Young People's Learning Agency for England; to make provision about the Office of Qualifications and Examinations Regulation and the Chief Executive of Skills Funding; to make provision about student loans and fees; and for connected purposes.texttext/xmlenStatute Law Database2018-09-202011-11-15 Part 7 691ASCLA 2009 is amended as follows.2After section 83 insert—83A1The Chief Executive must secure the provision of proper facilities for apprenticeship training that is suitable to the requirements of persons who—aare within subsection (4), (5) or (6), andbhave an apprenticeship opportunity.This is subject to section 83B (limit on scope of apprenticeship offer).2The duty imposed by subsection (1) is referred to in this section and section 83B as “the apprenticeship offer”.3An apprenticeship opportunity is an opportunity to—aenter into an apprenticeship agreement,benter into any other contract of employment in connection with which training will be provided in accordance with an apprenticeship framework, orcundertake any other kind of working—iin relation to which alternative English completion conditions apply under section 1(5), andiiin connection with which training will be provided in accordance with an apprenticeship framework.4A person within this subsection is one who is over compulsory school age but under 19.5A person within this subsection is one who is not within subsection (4) and—ais 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), orbis 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).6A person within this subsection is one who—ais not within subsection (4), andbis of a prescribed description.7If 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 25.8Facilities are proper if they are—aof a quantity sufficient to meet the reasonable needs of individuals, andbof a quality adequate to meet those needs.9Section 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.10In complying with the apprenticeship offer the Chief Executive must make the best use of the Chief Executive's resources.11In this section “apprenticeship framework” has the meaning given by section 12.12The Secretary of State may by order amend this section for the purpose of changing the descriptions of persons to whom the apprenticeship offer applies.83B1The 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—ahas already completed an English apprenticeship in relation to an apprenticeship framework at that level, orbholds an apprenticeship certificate at that level.2For 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.3The 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).4In this section “apprenticeship certificate” means an apprenticeship certificate issued under section 3 or 4.5A 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.3Schedule 18 (consequential amendments) has effect.