Enterprise Act 2016

24 Public sector apprenticeship targets

(1) In Chapter A1 of Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009 (apprenticeships: England), after section A8 insert—

“A9 Public sector apprenticeship targets

(1) The Secretary of State may by regulations set apprenticeship targets for prescribed public bodies.

(2) An “apprenticeship target”, in relation to a public body, is a target relating to the number of persons (“apprentices”) who work for the body under an apprenticeship agreement.

(3) Public bodies for which apprenticeship targets are set under this section must have regard to—

(a) the targets, and

(b) any applicable guidance issued by the Secretary of State in relation to the targets.

(4) The Secretary of State may require a public body to provide any information that the Secretary of State needs for the purpose of exercising functions under this section.

(5) Regulations under this section may set apprenticeship targets for—

(a) a prescribed public body,

(b) a prescribed part of a public body,

(c) a prescribed group of public bodies, or

(d) public bodies of a prescribed description.

A reference in this section to a public body includes a reference to a prescribed part of a public body or a prescribed group of public bodies.

(6) The regulations must specify the period to which each apprenticeship target relates.

(7) In this section—

• “apprenticeship agreement” means—

  (a)

  an approved English apprenticeship agreement;

  (b)

  an apprenticeship agreement within the meaning given in section 32 as it applies in relation to England by virtue of provision made under section 115(9) of the Deregulation Act 2015;

• “public body” means—

  (a)

  a public authority, or

  (b)

  a body or other person that is not a public authority but has functions of a public nature and is funded wholly or partly from public funds.

A10 Further provision about apprenticeship targets

(1) A public body for which an apprenticeship target is set must—

(a) publish and send to the Secretary of State the information specified in subsection (2), and

(b) send to the Secretary of State any other prescribed information,

within six months after the end of each reporting period of the body in the target period.

(2) The information referred to in subsection (1)(a) is—

(a) the number of employees whose employment in England by the body began in the reporting period in question (“figure A”);

(b) the number of apprentices who began to work for the body in that period and whose apprenticeship agreements also began in that period (“figure B”);

(c) figure B expressed as a percentage of figure A;

(d) the number of employees employed in England that the body has at the end of that period (“figure C”);

(e) the number of apprentices who work for the body at the end of that period (“figure D”);

(f) figure D expressed as a percentage of figure C;

(g) if that reporting period is the first reporting period in the target period, the number of apprentices who worked for the body immediately before that period.

(3) The information that may be prescribed under subsection (1)(b) includes—

(a) information about action that the body has taken to meet an apprenticeship target set for it;

(b) if the public body has failed to meet an apprenticeship target set for it, an explanation of why the target has not been met;

(c) information about action that the body proposes to take to meet an apprenticeship target set for the body for a period that has not yet expired (“a future target”);

(d) if the body considers that a future target is not likely to be met, an explanation of why that is so.

(4) Regulations may specify how the information is to be published or sent.

(5) A body’s “reporting periods” in the target period are—

(a) so much of the first financial year of the body to end in the target period as falls within that period,

(b) each subsequent financial year of the body which falls wholly within the target period, and

(c) if the target period ends during a financial year of the body, so much of that financial year as falls within that period.

(6) But, where the target period in relation to a body does not exceed 12 months, the Secretary of State may direct in writing that for the purposes of this section the body is to be treated as having one reporting period which coincides with the target period.

(7) Where, by virtue of section A9(5)(c) or (d) a target is set for more than one public body, regulations may specify which body’s financial year is to be used to determine the reporting periods under subsection (5).

(8) In this section—

• “apprenticeship agreement” has the meaning given by section A9(7);

• “apprenticeship target” has the meaning given by section A9(2);

• “public body” has the meaning given by section A9(7);

• “target period”, in relation to an apprenticeship target, means the period specified under section A9(6) as the period to which the target relates.”

(2) In section 262(6) of that Act (regulations etc subject to affirmative resolution procedure), before paragraph (aa) insert—

“(za) the first regulations under section A9;

(zb) the first regulations under section A10;”.