The Apprenticeships (Miscellaneous Provisions) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make miscellaneous provision in respect of apprenticeships.

Part 2 makes provision in respect of approved English apprenticeships under section A1 of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22) (“the Act”).

Regulation 3 defines “off-the-job training” and makes it a condition of an approved English apprenticeship that the apprentice must receive off-the-job training. It also provides that the amount of time the apprentice is to receive such training during the course of the agreement must be specified in the approved English apprenticeship agreement.

Regulation 4 makes it a condition that each such agreement must specify a practical period (the period for which the apprentice is expected to work and receive training).

Regulation 5 makes it a condition that each such agreement must provide for a practical period of not less than 12 months. There is an exception to this rule where an agreement is terminated by reason of redundancy with less than 12 months of the practical period to run. In such circumstances, a new agreement under which the apprentice works or receives training to the same approved standard can run until the final day of the practical period of the agreement which was terminated.

Regulation 6 prescribes the circumstances where an alternative English apprenticeship applies. This is an arrangement under which the apprentice may work otherwise than for another person or for reward in order to complete their apprenticeship. Those circumstances are where-

• the person was working under an approved English apprenticeship agreement and that agreement terminated by reason of redundancy with less than 6 months of the practical period to run; and

• the apprentice is holding office as a minister or a trainee minister of a religious denomination or as a constable of a police force in England and the relevant approved standard relates to that office. The regulation provides that such arrangements must specify a period of not less than 12 months during which the apprentice is expected to work and receive training.

The arrangement under this regulation must also specify the amount of off-the-job training to be received and the termination date for the arrangement.

Part 3 relates to section A2B(4) of the Act. That section enables the Secretary of State to make regulations authorising the Institute for Apprenticeships (“the Institute”) to charge fees for things done in connection with the carrying out by it of evaluations of apprenticeship assessments. The Institute may only charge fees to those persons who carry out apprenticeship assessments which the Institute evaluates. The maximum fee is £56 for each apprentice who takes an apprenticeship assessment which the Institute evaluates.

Part 4 amends the Public Sector Apprenticeship Targets Regulations 2017 (S.I. 2017/513). The purpose of these amendments is to bring qualifying Academy proprietors within the scope of the public sector apprenticeship target regime established by those Regulations and to provide that in respect of a police force, any member of that police force is relevant for determining its headcount.

The effect of the amendments is that qualifying Academy proprietors will be subject to the target regime for the first time in the reporting period beginning with 1st April 2018, provided that they have a headcount of 250 or more on the day before the first day of any reporting period. These Regulations also specify the target period for qualifying Academy proprietors, which is the three-year period beginning with 1st April 2018 and ending with 31st March 2021.

An impact assessment has been produced in relation to Part 2 of this instrument and is available from Apprenticeships Standards Quality and Assessment, Department for Education, 2 St. Paul’s Place, Norfolk Street, Sheffield, S1 2FJ. The impact assessment and an Explanatory Memorandum are available alongside the instrument on the UK legislation website, www.legislation.gov.uk. An impact assessment has not been produced in relation to Parts 3 and 4 of this instrument as those Parts do not have a direct impact on the costs of business or the voluntary sector.