Guinea Bissau - Issues and options in the energy sector
This section applies for the purposes of this Chapter.
A person completes an English apprenticeship in relation to an apprenticeship framework if—
the standard English completion conditions are met, or
the alternative English completion conditions are met.
The standard English completion conditions are—
that the person has entered into an apprenticeship agreement in connection with the apprenticeship framework,
that at the date of that agreement the framework was a recognised English framework,
that the person has completed a course of training for the competencies qualification identified in the framework,
that, throughout the duration of the course, the person was working under the apprenticeship agreement, and
that the person meets the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate.
In subsection (3)(d)—
the reference to the apprenticeship agreement mentioned in subsection (3)(a) includes a reference to any apprenticeship agreement which the person subsequently entered into in connection with the same apprenticeship framework;
the reference to the course of training for the competencies qualification is to be read, in a case where the person has followed two or more courses of training for the competencies qualification, as a reference to both or all of them.
The alternative English completion conditions are conditions which—
apply in cases where a person works otherwise than under an apprenticeship agreement, and
are specified in regulations.
The kinds of working in relation to which provision may be made under subsection (5) include—
working as a self-employed person;
working otherwise than for reward.
This section applies for the purposes of this Chapter.
A person completes a Welsh apprenticeship in relation to an apprenticeship framework if—
the standard Welsh completion conditions are met, or
the alternative Welsh completion conditions are met.
The standard Welsh completion conditions are—
that the person has entered into an apprenticeship agreement in connection with the apprenticeship framework,
that at the date of that agreement the framework was a recognised Welsh framework,
that the person has completed a course of training for the competencies qualification identified in the framework,
that, throughout the duration of the course, the person was working under the apprenticeship agreement, and
that the person meets the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate.
In subsection (3)(d)—
the reference to the apprenticeship agreement mentioned in subsection (3)(a) includes a reference to any apprenticeship agreement which the person subsequently entered into in connection with the same apprenticeship framework;
the reference to the course of training for the competencies qualification is to be read, in a case where the person has followed two or more courses of training for the competencies qualification, as a reference to both or all of them.
The alternative Welsh completion conditions are conditions which—
apply in cases where a person works otherwise than under an apprenticeship agreement, and
are specified in regulations made by the Welsh Ministers.
The kinds of working in relation to which provision may be made under subsection (5) include—
working as a self-employed person;
working otherwise than for reward.
The English certifying authority must issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—
it appears to the authority that the person has completed an English apprenticeship in relation to the apprenticeship framework,
in a case within section 1(2)(a), it appears to the authority that the condition in subsection (3)(e) of that section was met at the date of the person’s application, and
the person—
provides the authority with such information and evidence as the authority requires the person to provide, and
pays any fee charged by the authority for the issue of the certificate (see section 5).
The English certifying authority may issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—
it appears to the authority that at the date of the application the person met the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate,
the framework is, or has been, a recognised English framework, and
the person—
provides the authority with such information and evidence as the authority requires the person to provide, and
pays any fee charged by the authority for the issue of the certificate (see section 5).
The English certifying authority may charge a fee for issuing an apprenticeship certificate only if, and to the extent that, it is authorised to do so by regulations.
Regulations may make provision about the supply of copies of apprenticeship certificates issued under section 3 or 4.
Regulations under subsection (2) may include provision authorising the English certifying authority to charge a fee for supplying a copy of an apprenticeship certificate.
In this Chapter, the “English certifying authority” means the Chief Executive of Skills Funding.
The Welsh certifying authority must issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—
it appears to the authority that the person has completed a Welsh apprenticeship in relation to the apprenticeship framework,
in a case within section 2(2)(a), it appears to the authority that the condition in subsection (3)(e) of that section was met at the date of the person’s application, and
the person—
provides the authority with such information and evidence as the authority requires the person to provide, and
pays any fee charged by the authority for the issue of the certificate (see section 9).
The “prescribed manner” is the manner prescribed by regulations made by the Welsh Ministers.
The Welsh certifying authority may issue a certificate relating to an apprenticeship framework to a person who applies to the authority in the prescribed manner if—
it appears to the authority that at the date of the application the person met the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate,
the framework is, or has been, a recognised Welsh framework,
the person—
provides the authority with such information and evidence as the authority requires the person to provide, and
pays any fee charged by the authority for the issue of the certificate (see section 9).
The “prescribed manner” for the purposes of subsection (1), is the manner prescribed by regulations made by the Welsh Ministers.
The Welsh certifying authority may charge a fee for issuing an apprenticeship certificate only if, and to the extent that, it is authorised to do so by regulations made by the Welsh Ministers.
Regulations made by the Welsh Ministers may make provision about the supply of copies of apprenticeship certificates issued under section 7 or 8.
Regulations under subsection (2) may include provision authorising a person supplying a copy of an apprenticeship certificate to charge a fee for doing so.
In this Chapter, the “Welsh certifying authority”, in relation to an apprenticeship certificate of any description, means—
the person (if any) designated under this section to issue apprenticeship certificates of that description;
if there is no-one within paragraph (a), the person (if any) designated under this section to issue apprenticeship certificates generally;
if there is no-one within paragraph (a) or (b), the Welsh Ministers.
A person designated under this section to issue apprenticeship certificates must, in exercising functions under this Chapter—
comply with directions given by the Welsh Ministers, and
have regard to guidance given by the Welsh Ministers.
“Designated” means designated by an order made by the Welsh Ministers.
An apprenticeship certificate must state—
the name of the person to whom it is issued,
the apprenticeship framework to which it relates,
the level of that framework, and
the apprenticeship sector to which that framework relates.
An apprenticeship certificate must also state such other matters as the appropriate national authority may by regulations require to be stated in a certificate of that description.
The appropriate national authority, for the purposes of subsection (2), is—
in relation to a certificate issued under section 3 or 4, the Secretary of State;
in relation to a certificate issued under section 7 or 8, the Welsh Ministers.
In this Chapter, “apprenticeship framework” means a specification of requirements, for the purpose of the issue of apprenticeship certificates, that satisfies subsection (2).
The requirements specified must—
be at a particular level stated in the specification, and
relate to a particular skill, trade or occupation included in an apprenticeship sector stated in the specification.
In this Chapter, “recognised English framework” means an apprenticeship framework issued under section 14(1) from which recognition has not been withdrawn under section 14(2).
In this Chapter, “recognised Welsh framework” means an apprenticeship framework issued under section 19(1) from which recognition has not been withdrawn under section 19(2).
For the purposes of this Chapter—
an apprenticeship framework is at the level of the requirements stated in it;
an apprenticeship framework relates to the apprenticeship sector stated in it.
The Secretary of State may designate a person to issue apprenticeship frameworks relating to a particular apprenticeship sector.
The power conferred by this section must be exercised so as to secure that, at any time, only one person is designated by the Secretary of State to issue apprenticeship frameworks relating to a particular apprenticeship sector.
A person designated under this section must, in exercising functions under this Chapter—
comply with directions given by the Secretary of State;
have regard to guidance given by the Secretary of State.
A designation under this section may be amended or revoked by the Secretary of State.
In this Chapter the “English issuing authority”, in relation to an apprenticeship framework, means the person designated under this section to issue frameworks of that description.
The English issuing authority may issue an apprenticeship framework only if the authority is satisfied that the framework meets the requirements specified, by the specification of apprenticeship standards for England, for recognised English frameworks of that description.
Recognition of a recognised English framework may be withdrawn—
by the English issuing authority, or
if there is no English issuing authority in relation to the framework, by the Secretary of State.
On issuing an apprenticeship framework under section 14(1), the English issuing authority must—
publish the framework;
notify the Chief Executive of Skills Funding of the issue of the framework.
A notice given under subsection (1)(b) must be accompanied by a copy of the framework.
A person who withdraws recognition of an apprenticeship framework under section 14(2) must—
publish a notice stating that recognition of the framework has been withdrawn;
notify the Chief Executive of Skills Funding of the withdrawal.
Where this section imposes a duty on a person to publish a framework or notice, the publication may be in such manner as the person thinks fit.
This section applies if a person—
submits a draft of an apprenticeship framework to the English issuing authority, and
requests that the authority issue a framework in the form of the draft.
The authority may require the person to provide such information and evidence in connection with the draft as the authority thinks appropriate.
If the authority decides not to issue a framework in the form of the draft, it must give the person reasons for its decision.
The Secretary of State may by order provide for an existing vocational specification to be treated, for all purposes or for purposes specified in the order, as if it were an apprenticeship framework issued under section 14(1) that specified requirements for the purpose of the issue of apprenticeship certificates.
For the purposes of its application in relation to an existing vocational specification that, by virtue of an order under subsection (1), is treated as an apprenticeship framework issued under section 14(1), this Chapter has effect subject to any modifications specified in the order.
An order under subsection (1) must—
specify a date on which the deemed framework is to be treated as being issued under section 14(1);
specify a date on which recognition of the deemed framework is to be treated as having been withdrawn under section 14(2);
specify a qualification that the deemed framework is to be treated as identifying as the competencies qualification;
specify the level and apprenticeship sector that are to be treated as being stated in the deemed framework.
The date specified under subsection (3)(b) in an order under subsection (1) must be no later than the day after the day that is the school leaving date for 2013.
In this section—
“the deemed framework”, in relation to an order under subsection (1), means an existing vocational specification that, by virtue of the order, is treated as an apprenticeship framework issued under section 14(1);
“English issuing authority”, in relation to an apprenticeship framework, has the meaning given by section 13(5);
Nothing in this section limits the powers conferred by sections 262 and 265.
The Welsh Ministers may designate a person to issue apprenticeship frameworks relating to a particular apprenticeship sector.
The power conferred by this section must be exercised so as to secure that, at any time, only one person is designated by the Welsh Ministers to issue apprenticeship frameworks relating to a particular apprenticeship sector.
A person designated under this section must, in exercising functions under this Chapter—
comply with directions given by the Welsh Ministers;
have regard to guidance given by the Welsh Ministers.
A designation under this section may be amended or revoked by the Welsh Ministers.
In this Chapter the “Welsh issuing authority”, in relation to an apprenticeship framework, means the person designated under this section to issue frameworks of that description.
The Welsh issuing authority may issue an apprenticeship framework only if the authority is satisfied that the framework meets the requirements specified, by the specification of apprenticeship standards for Wales, for recognised Welsh frameworks of that description.
Recognition of a recognised Welsh framework may be withdrawn—
by the Welsh issuing authority, or
if there is no Welsh issuing authority in relation to the framework, by the Welsh Ministers.
On issuing an apprenticeship framework under section 19(1), the Welsh issuing authority must—
publish the framework;
notify the Welsh Ministers of the issue of the framework.
A notice given under subsection (1)(b) must be accompanied by a copy of the framework.
A person who withdraws recognition of an apprenticeship framework under section 19(2) must—
publish a notice stating that recognition of the framework has been withdrawn;
in the case of withdrawal otherwise than by the Welsh Ministers, notify the Welsh Ministers of the withdrawal.
Where this section imposes a duty on a person to publish a framework or notice, the publication may be in such manner as the person thinks fit.
This section applies if a person—
submits a draft of an apprenticeship framework to the Welsh issuing authority, and
requests that the authority issue a framework in the form of the draft.
The authority may require the person to provide such information and evidence in connection with the draft as the authority thinks appropriate.
If the authority decides not to issue a framework in the form of the draft, it must give the person reasons for its decision.
The Welsh Ministers may by order provide for an existing vocational specification to be treated, for all purposes or for purposes specified in the order, as if it were an apprenticeship framework issued under section 19(1) that specified requirements for the purpose of the issue of apprenticeship certificates.
For the purposes of its application in relation to an existing vocational specification that, by virtue of an order under subsection (1), is treated as an apprenticeship framework issued under section 19(1), this Chapter has effect subject to any modifications specified in the order.
An order under subsection (1) must—
specify a date on which the deemed framework is to be treated as being issued under section 19(1);
specify a date on which recognition of the deemed framework is to be treated as having been withdrawn under section 19(2);
specify a qualification that the deemed framework is to be treated as identifying as the competencies qualification;
specify the level and apprenticeship sector that are to be treated as being stated in the deemed framework.
The date specified under subsection (3)(b) in an order under subsection (1) must be no later than the day after the day that is the school leaving date for 2013.
In this section—
“the deemed framework”, in relation to an order under subsection (1), means an existing vocational specification that, by virtue of the order, is treated as being an apprenticeship framework issued under section 19(1);
is received for the purposes of the skill, trade or occupation to which the framework relates, and
“existing vocational specification” means a specification, prepared before the coming into force of section 19, of training, qualifications and skills appropriate for persons engaging in a particular trade, skill or occupation.
Nothing in this section limits the powers conferred by section 262.
If the Secretary of State so directs, the Chief Executive of Skills Funding must—
prepare a draft specification of apprenticeship standards, and
submit it to the Secretary of State.
In preparing the draft, the Chief Executive must consult—
each person designated under section 13,
persons who appear to the Chief Executive to represent—
employers,
institutions within the further education sector, and
any other providers of training,
any other persons or descriptions of persons specified in regulations, and
such other persons as the Chief Executive thinks appropriate.
A direction under subsection (1) may specify the date by which a draft must be submitted to the Secretary of State.
Subsection (2) does not apply in relation to the first draft specification to be prepared by the Chief Executive after the commencement of this section.
“Institution within the further education sector” has the same meaning as in the Education Act 1996 (c. 56) (see section 4(3) of that Act).
Where a draft specification of apprenticeship standards has been submitted under section 23, the Secretary of State may by order provide that a specification of apprenticeship standards (“the specification of apprenticeship standards for England”) is to have effect—
in the form of the draft, or
in that form with such modifications as the Secretary of State thinks appropriate.
The Secretary of State may not make an order under subsection (1) unless satisfied that the specification of apprenticeship standards given effect to by the order complies with section 27.
The power conferred by subsection (1) is to be exercised so as to secure that at any time only one specification of apprenticeship standards has effect as the specification of apprenticeship standards for England.
If the Secretary of State so directs, the Chief Executive of Skills Funding must—
prepare draft modifications to the specification of apprenticeship standards for England, and
submit the modifications to the Secretary of State.
A direction given under subsection (1) may specify the date by which the draft modifications must be submitted to the Secretary of State.
Where draft modifications to a specification of apprenticeship standards have been submitted under subsection (1), the Secretary of State may by order provide that the specification of apprenticeship standards for England is to have effect with those modifications.
The Secretary of State may not make an order under subsection (3) providing that the specification of apprenticeship standards for England is to have effect with modifications unless satisfied that the specification, as so modified, complies with section 27.
Subject to subsection (2), a recognised English framework does not cease to be a recognised English framework if, by virtue of an order under section 24 or 25, it ceases to meet the requirements specified for frameworks of its description by the specification of apprenticeship standards for England.
An order under section 24 may provide for an apprenticeship framework which— to cease to have effect as a recognised English framework.
immediately before the making of the order is a recognised English framework, but
does not meet the requirements specified for frameworks of its description by the specification of apprenticeship standards for England to which the order gives effect,
The specification of apprenticeship standards for England—
must specify requirements to be met by recognised English frameworks,
may specify different requirements in relation to recognised English frameworks at different levels, and
must, in particular, specify requirements in relation to—
recognised English frameworks at level 2, and
recognised English frameworks at level 3.
The requirements specified by the specification of apprenticeship standards for England must include—
requirements as to English certificate requirements, including requirements as to standards of attainment to be required by them,
requirements for a recognised English framework to include, as an English certificate requirement, the requirement that an apprenticeship certificate relating to the framework may be issued to a person only if the person has received both on-the-job training and off-the-job training, and
requirements for a recognised English framework to—
include, as an English certificate requirement, the requirement that one or more qualifications be held,
include, as an English certificate requirement, the requirement that the qualification, or the qualifications taken together, demonstrate the relevant occupational competencies and the relevant technical knowledge, and
identify the qualification that demonstrates the relevant occupational competencies as the competencies qualification in relation to the framework.
Requirements as to standards of attainment may be specified by reference, in particular, to descriptions of qualifications or training.
In this section—
“English certificate requirement” means a requirement specified in a recognised English framework for the purpose of the issue of apprenticeship certificates relating to that framework by the English certifying authority;
“English certifying authority” has the meaning given by section 6;
is not on-the-job training;
“on-the-job training” in relation to a recognised English framework, is training received in the course of carrying on the skill, trade or occupation to which the framework relates;
The Welsh Ministers may prepare a draft specification of apprenticeship standards.
In preparing the draft, the Welsh Ministers must consult such persons as they think appropriate.
Having prepared a draft, the Welsh Ministers may by order provide that a specification of apprenticeship standards (“the specification of apprenticeship standards for Wales”) is to have effect—
in the form of the draft, or
in that form with such modifications as the Welsh Ministers think appropriate.
Subsection (2) does not apply in relation to the first draft specification to be prepared by the Welsh Ministers after the commencement of this section.
The Welsh Ministers may not make an order under subsection (3) unless satisfied that the specification of apprenticeship standards given effect to by the order complies with section 31.
The power conferred by subsection (3) is to be exercised so as to secure that at any time only one specification of apprenticeship standards has effect as the specification of apprenticeship standards for Wales.
The Welsh Ministers may by order provide that the specification of apprenticeship standards for Wales is to have effect subject to modifications specified in the order.
The Welsh Ministers may not make an order under this section unless satisfied that the specification, as so modified, complies with section 31.
Subject to subsection (2), a recognised Welsh framework does not cease to be a recognised Welsh framework if, by virtue of an order under section 28 or 29, it ceases to meet the requirements specified for frameworks of its description by the specification of apprenticeship standards for Wales.
An order under section 28 may provide for an apprenticeship framework which— to cease to have effect as a recognised Welsh framework.
immediately before the making of the order is a recognised Welsh framework, but
does not meet the requirements specified for frameworks of its description by the specification of apprenticeship standards for Wales to which the order gives effect,
The specification of apprenticeship standards for Wales—
must specify requirements to be met by recognised Welsh frameworks,
may specify different requirements in relation to recognised Welsh frameworks at different levels.
The requirements specified by the specification of apprenticeship standards for Wales must include—
requirements as to Welsh certificate requirements, including requirements as to standards of attainment to be required by them,
requirements for a recognised Welsh framework to include, as a Welsh certificate requirement, the requirement that an apprenticeship certificate relating to the framework may be issued to a person only if the person has received both on-the-job training and off-the-job training, and
requirements for a recognised Welsh framework to—
include, as a Welsh certificate requirement, the requirement that one or more qualifications be held,
include, as a Welsh certificate requirement, the requirement that the qualification, or the qualifications taken together, demonstrate the relevant occupational competencies and the relevant technical knowledge, and
identify the qualification that demonstrates the relevant occupational competencies as the competencies qualification in relation to the framework.
Requirements as to standards of attainment may be specified by reference, in particular, to descriptions of qualifications or training.
In this section—
“the relevant occupational competencies”, in relation to a recognised Welsh framework, means the competencies required to perform the skill, trade or occupation to which the framework relates at the level required in the framework;
“the relevant technical knowledge”, in relation to a recognised Welsh framework, means the technical knowledge required to perform the skill, trade or occupation to which the framework relates at the level required in the framework;
In this Chapter, “apprenticeship agreement” means an agreement in relation to which each of the conditions in subsection (2) is satisfied.
The conditions are—
that a person (the “apprentice”) undertakes to work for another (the “employer”) under the agreement;
that the agreement is in the prescribed form;
that the agreement states that it is governed by the law of England and Wales;
that the agreement states that it is entered into in connection with a qualifying apprenticeship framework.
The power conferred by subsection (2)(b) may be exercised, in particular—
to specify provisions that must be included in an apprenticeship agreement;
to specify provisions that must not be included in an apprenticeship agreement;
to specify all or part of the wording of provisions that must be included in an apprenticeship agreement.
Where an agreement states that it is entered into in connection with an apprenticeship framework (“the relevant framework”) that is not a qualifying apprenticeship framework, subsection (2)(d) is to be taken to be satisfied in relation to the agreement if—
at a time within the period of three years ending with the date of the agreement, the relevant framework was a qualifying apprenticeship framework;
at the date of the agreement, the apprentice has not completed the whole of a course of training for the competencies qualification identified in the relevant framework,
before the date of the agreement, the apprentice entered into an apprenticeship agreement (“the earlier agreement”) which stated that it was entered into in connection with the relevant framework, and
at the date of the earlier agreement, the relevant framework was a qualifying apprenticeship framework.
In subsection (4)(b), the reference to a course of training for the competencies qualification is to be read, in a case where the person follows two or more courses of training for the competencies qualification, as a reference to both or all of them.
An apprenticeship framework is a “qualifying apprenticeship framework”, for the purposes of this section, if it is—
a recognised English framework, or
a recognised Welsh framework.
To the extent that provision included in an apprenticeship agreement conflicts with the prescribed apprenticeship provisions, it has no effect.
In this section, the “prescribed apprenticeship provisions”, in relation to an apprenticeship agreement, means those provisions—
that are included in the agreement, and
without the inclusion of which the agreement would not satisfy section 32(2)(b).
If a variation to an apprenticeship agreement is within subsection (2), it has effect only if, before it was made, the employer complied with the requirement in subsection (3).
A variation to an apprenticeship agreement is within this subsection if its nature is such that, were it to take effect, the agreement would cease to be an apprenticeship agreement.
The employer must give the apprentice written notice stating that, if the variation takes effect, the agreement will cease to be an apprenticeship agreement.
To the extent that it would otherwise be treated as being a contract of apprenticeship, an apprenticeship agreement is to be treated as not being a contract of apprenticeship.
To the extent that it would not otherwise be treated as being a contract of service, an apprenticeship agreement is to be treated as being a contract of service.
This section applies for the purposes of any enactment or rule of law.
Sections 32 to 35 apply in relation to— as they apply in relation to any other agreement under which a person undertakes to work for another.
an agreement under which a person undertakes Crown employment,
an agreement under which a person undertakes service as a member of the naval, military or air forces of the Crown, and
an agreement under which a person undertakes employment as—
a relevant member of the House of Lords staff, or
a relevant member of the House of Commons staff,
Subsection (1) is subject to subsection (3) and to any modifications which may be prescribed under subsection (5).
Section 35(2) does not apply in relation to an apprenticeship agreement that is an agreement within paragraph (a), (b) or (c) of subsection (1).
Without prejudice to section 262(3), the power conferred by section 32(2)(b) may be exercised, in particular, to make provision in relation to an apprenticeship agreement which is an agreement within any of paragraphs (a), (b) and (c) of subsection (1) that differs from provision made in relation to other apprenticeship agreements.
Regulations may provide for any provision of this Chapter, or any of sections 91 to 99, to apply with modifications in relation to—
an agreement within paragraph (a), (b) or (c) of subsection (1), or
a person working, or proposing to work, under such an agreement.
In subsection (1)—
“recognised English framework” has the meaning given by section 12(3);
Part 1 of the Education and Skills Act 2008 (c. 25) (duty to participate in education or training: England) is amended as follows.
In section 2 (duty to participate), in subsection (1)(b) after “contract of apprenticeship” insert “or an apprenticeship agreement”.
In section 66 (interpretation of Part 1), in subsection (1)—
at the appropriate place insert—;
in the definition of “contract of employment” after “contract of apprenticeship” insert “or an apprenticeship agreement”.
The Secretary of State must by order specify sectors of skill, trade or occupation for the purposes of this Chapter.
The sectors specified under subsection (1) must in the opinion of the Secretary of State encompass the full range of skills, trades and occupations.
In this Chapter—
“recognised Welsh framework” has the meaning given by section 12(4);
References in this Chapter— are to be construed in accordance with section 12(5).
to the level of an apprenticeship framework, or
to the apprenticeship sector to which an apprenticeship framework relates,
References in this Chapter to an employer and an apprentice, in relation to an apprenticeship agreement, are to be construed in accordance with section 32.
The Employment Rights Act 1996 (c. 18) is amended as follows.
After Part 6 (time off work) insert—
After section 47E (protection from suffering detriment in employment: flexible working) insert—
After section 104D (unfair dismissal: pension enrolment) insert—
Schedule 1 makes amendments to employment legislation relating to the provision made by this section.
Before section 15A of the Education Act 1996 (c. 56) insert—
After section 15ZB of the Education Act 1996 (c. 56) (inserted by section 41) insert—
Chapter 1 of Part 3 of the School Standards and Framework Act 1998 (c. 31) is amended as follows.
In section 84(6) (admissions code: interpretation) for the definition of “child” substitute—.
After section 96(3) (direction to admit child to specified school) insert—
Before section 52 of the Further and Higher Education Act 1992 (c. 13) insert—
In section 52 of that Act—
in subsection (1) after “institution” insert “in Wales”;
in the title, at the end insert “: Wales”.
After section 17 of the Education Act 1996 (c. 56) insert—
After section 514 of the Education Act 1996 (c. 56) insert—
After section 560 of the Education Act 1996 insert—
After section 18 of the Education Act 1996 insert—
Section 562 of the Education Act 1996 (c. 56) (Act not to apply to persons detained under order of a court) is amended as follows.
In subsection (1)—
for “detained in pursuance of an order made by a court or of an order of recall made by the Secretary of State” substitute “subject to a detention order and is detained in accommodation that is not relevant youth accommodation”, and
for “a person who is detained in pursuance of such an order” substitute “such a person”.
After that subsection insert—
In subsection (2), for “subsection (1)” substitute “this section”.
After that subsection add—
In the title, after “apply to” insert “certain”.
After section 562 of the Education Act 1996 (c. 56) insert—
After section 39 of the Crime and Disorder Act 1998 (c. 37) insert—
The Education Act 1996 (c. 56) is amended as follows.
After section 312 insert—
In section 328(5) (reviews of educational needs), at the end of paragraph (a) (but before “and”) insert—.
In section 509AB(3) of the Education Act 1996 (c. 56) (provision of transport etc for persons of sixth form age in England: matters to which LEAs must have regard) after paragraph (b) insert—.
In section 509AB(6) of the Education Act 1996 (people to be consulted when preparing transport policy statements for persons of sixth form age in England), in paragraph (c), before “and” insert—.
In section 509AB of the Education Act 1996 (provision about transport policy statements for persons of sixth form age in England), after subsection (7) insert—
In section 509AA(10) of that Act (time by which transport policy statements for persons of sixth form age in England must be published) for “by substituting a different date for 31st May” substitute “to change the time by which the statement must be published”.
The Education Act 1996 is amended as follows.
After section 509AD (local education authorities in England: duty to have regard to religion or belief in exercise of travel functions) insert—
In section 509AA (provision of transport etc for persons of sixth form age), at the end insert—
The Education Act 1996 (c. 56) is amended as follows.
After section 508E (LEAs in England: school travel schemes) insert—
In section 509AD(2) (LEAs in England: duty to have regard to religion or belief in exercise of travel functions) for the entry relating to section 508F substitute—.
Section 509 (provision of transport etc) ceases to have effect.
Section 81 of the Education and Inspections Act 2006 (c. 40) (LEAs in England: provision of transport etc for certain adult learners) ceases to have effect.
The following provisions cease to have effect—
section 128 of the School Standards and Framework Act 1998 (c. 31), and
paragraph 64 of Schedule 30 to that Act.
Accordingly, sections 16 and 18 of the Education Act 1996 (c. 56) (powers of LEAs to assist, and arrange provision of education at, non-maintained schools) continue to have effect as if the provisions mentioned in subsection (1) had never been enacted.
Schedule 2 contains minor and consequential amendments relating to the provision made by this Part.
There is to be a body corporate known as the Young People’s Learning Agency for England.
In this Part that body is referred to as “the YPLA”.
Except as provided for in sections 68 to 70, the YPLA is to perform its functions in relation to England only.
Schedule 3 makes further provision about the YPLA.
The YPLA must secure the provision of financial resources to—
persons providing or proposing to provide suitable education or training to persons—
who are over compulsory school age but under 19, or
who are aged 19 or over but under 25 and are subject to learning difficulty assessment;
persons providing or proposing to provide suitable education to children subject to youth detention;
local education authorities, for the purposes of their functions in relation to education or training within paragraph (a) or (b).
The YPLA must also secure the provision of financial resources in accordance with any directions given to it by the Secretary of State.
The YPLA may secure the provision of financial resources to—
persons providing or proposing to provide education or training to persons who are of or under compulsory school age;
persons providing or proposing to provide education or training to persons aged 19 or over, in respect of education or training begun by them before reaching the age of 19;
local education authorities, for the purposes of their functions in relation to education or training in respect of which the YPLA has power to secure the provision of financial resources under paragraph (a) or (b).
The YPLA may also secure the provision of financial resources—
to or in respect of persons (of any age) for purposes related to enabling, facilitating or encouraging their participation in education or training;
to persons providing or proposing to provide goods or services in connection with the provision by others of education or training within subsection (1)(a) or (b) or (3)(a) or (b);
to persons undertaking or proposing to undertake research relating to education or training;
to persons providing or proposing to provide work experience for persons receiving education;
to persons carrying out means tests under arrangements made under section 64;
to persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).
In performing its functions under this section the YPLA must make the best use of its resources.
The YPLA may secure the provision of financial resources under this section—
by providing the resources;
by making arrangements for the provision of resources by another person;
by making arrangements for the provision of resources by persons jointly (whether or not including the YPLA).
The YPLA may under subsection (4)(a) secure the provision of financial resources by reference to—
any fees or charges payable by the person receiving or proposing to receive the education or training, or
any other matter (such as transport or childcare).
The reference in subsection (1)(a) to persons— does not include persons who are subject to adult detention within the meaning given in section 121(4).
who are over compulsory school age but under 19, or
who are aged 19 or over but under 25 and are subject to learning difficulty assessment,
Directions given under subsection (2) may not concern the provision of financial resources to or in respect of a particular person or persons.
Financial resources provided by the YPLA may be provided subject to conditions.
The conditions may include—
information conditions;
operational conditions;
repayment conditions.
Information conditions are conditions which—
require the YPLA, or a person designated by the YPLA, to be given access to a person’s accounts and documents and to be given rights in relation to a person’s computers and associated apparatus and material, or
require a person to whom financial resources are provided to give to the YPLA such information as the YPLA may request for the purpose of carrying out its functions.
Operational conditions are conditions which require a person providing or proposing to provide education or training (“the provider”) to make arrangements providing for all or any of the matters mentioned in subsection (5).
The matters are the following—
the charging of fees by the provider by reference to specified criteria;
the making of awards by the provider by reference to specified criteria;
the recovery by the provider of amounts from persons receiving education or training or from employers (or from both);
the determination of amounts by reference to specified criteria where provision is made under paragraph (c);
the operation of specified exemptions where provision is made under paragraph (c);
the making by the provider of provision specified in a report of an assessment under section 139A or 140 of the Learning and Skills Act 2000 (c. 21) (assessments relating to learning difficulties).
Repayment conditions are conditions which—
enable the YPLA to require the repayment (in whole or part) of sums paid by the YPLA if any of the conditions subject to which the sums were paid is not complied with;
require the payment of interest in respect of any period in which a sum due to the YPLA in accordance with any condition is unpaid.
The YPLA may adopt or develop schemes for the assessment of the performance of persons in providing education or training funded (directly or indirectly) by the YPLA in the exercise of its functions under section 61.
The YPLA may take the assessments into account in deciding how to exercise its functions under section 61.
The YPLA may—
carry out means tests;
arrange for other persons to carry out means tests.
The YPLA may take the results of the tests into account in exercising its functions under section 61(4)(a).
The YPLA must exercise its funding functions so as to secure (so far as practicable) that no charge is made in relation to the provision of relevant education or training funded by it.
The YPLA’s funding functions are its functions under sections 61 and 62.
“Relevant education or training” means full-time or part-time education or training suitable to the requirements of persons over compulsory school age but under 19, other than education to be provided at a school maintained by a local education authority.
Education or training is funded by the YPLA for the purposes of this section if the YPLA has secured the provision of financial resources under section 61 in respect of it.
Regulations may specify charges or descriptions of charges which are, or are not, to be treated as made in relation to the provision of education or training for the purposes of this section.
The YPLA may secure the provision of suitable education or training for persons—
who are over compulsory school age but under 19, or
who are aged 19 or over but under 25 and are subject to learning difficulty assessment.
Subsection (1) does not apply to persons who are subject to adult detention within the meaning given in section 121(4).
The YPLA may secure the provision of suitable education for children subject to youth detention.
In exercising its powers under subsection (1) in relation to persons who are within section 15ZA(1)(a) or (b) of the Education Act 1996 (c. 56), the YPLA must have regard to things done by local education authorities in the performance of their duties under section 15ZA(1) of that Act.
In exercising its powers under this section in relation to persons subject to youth detention, the YPLA must have regard to things done by local education authorities in the performance of their duties under section 18A(1) of the Education Act 1996.
This section applies if the YPLA is satisfied that a local education authority is failing, or is likely to fail, to perform—
its duty under section 15ZA(1) of the Education Act 1996 (duty to secure provision of enough suitable education and training for persons over compulsory school age), or
its duty under section 18A(1) of that Act (duty to secure provision of enough suitable education and training for persons subject to youth detention).
The YPLA may give directions to the authority for the purpose of securing the provision of education and training to which the duty in question relates.
A direction given under this section may include provision requiring an authority to permit action of a specified description in relation to any such education or training to be taken by the YPLA or another person.
The YPLA may give a direction under this section only with the approval of the Secretary of State.
The YPLA may make arrangements with a permitted recipient for the provision by the YPLA of services that are required by the permitted recipient in connection with the exercise of the recipient’s functions relating to education or training.
The services that may be provided under arrangements made under subsection (1) include—
providing accommodation and other facilities to a permitted recipient or managing such facilities on behalf of a permitted recipient;
procuring, or assisting in procuring, goods and services for use by a permitted recipient.
The terms and conditions upon which the arrangements are made may include provision for making payments to the YPLA in respect of expenditure incurred by the YPLA in performing any function under the arrangements.
In this section “permitted recipient” means—
the Secretary of State;
the Welsh Ministers;
the Scottish Ministers;
a Northern Ireland department;
the Chief Executive of Skills Funding;
any other person, wholly or partly funded from public funds, who has functions relating to education or training;
any other person specified, or of a description specified, by order made by the appropriate national authority for the purposes of this section.
Before making arrangements under which it may provide services to a permitted recipient who falls within any of paragraphs (b) to (g) of subsection (4) in connection with the exercise of the recipient’s functions relating to education or training provided in Wales, Scotland or Northern Ireland, the YPLA must obtain the consent of the Secretary of State.
Before making arrangements under which it may provide services to a permitted recipient who falls within paragraph (a), (e), (f) or (g) of subsection (4) in connection with the exercise of the recipient’s functions relating to education or training provided in Wales, Scotland or Northern Ireland, the YPLA must obtain—
in relation to education or training provided in Wales, the consent of the Welsh Ministers;
in relation to education or training provided in Scotland, the consent of the Scottish Ministers;
in relation to education or training provided in Northern Ireland, the consent of the Minister for Employment and Learning in Northern Ireland.
Consent may be given under subsection (5) or (6) in relation to particular arrangements or arrangements of a particular description.
“The appropriate national authority” means—
in relation to a person exercising functions relating only to education or training provided in Wales, the Welsh Ministers;
in relation to a person exercising functions relating only to education or training provided in Scotland, the Scottish Ministers;
in relation to a person exercising functions relating only to education or training provided in Northern Ireland, the Department for Employment and Learning in Northern Ireland;
in any other case, the Secretary of State.
The YPLA may take part in arrangements made by the Secretary of State, the Welsh Ministers or the Scottish Ministers under section 2 of the Employment and Training Act 1973 (c. 50) (arrangements for assisting persons to select, train for, obtain and retain employment).
Before making such arrangements in relation to Wales or Scotland in which the YPLA is to take part, the Secretary of State must obtain the consent of the Welsh Ministers or (as the case may be) the Scottish Ministers to the arrangements.
Before making such arrangements in which the YPLA is to take part, the Welsh Ministers or the Scottish Ministers must obtain the consent of the Secretary of State to the arrangements.
The YPLA may take part in any arrangements made by the Department for Employment and Learning in Northern Ireland under section 1 of the Employment and Training Act (Northern Ireland) 1950 (c. 29 (N.I.)) (arrangements for assisting persons to select, train for, obtain and retain employment).
Before making such arrangements in which the YPLA is to take part, the Department must obtain the consent of the Secretary of State to the arrangements.
The YPLA may carry out programmes of research and development connected with any matter relevant to any of its functions.
If requested to do so by the Secretary of State, the YPLA must provide the Secretary of State with information or advice on such matters relating to any of its functions as may be specified in the request.
The YPLA may provide the Secretary of State with other information or advice on any matter in relation to which the YPLA has a function.
The YPLA may provide any person designated by the Secretary of State with information about any matter in relation to which the YPLA has a function.
The YPLA must establish systems for collecting information designed to secure that decisions of the YPLA with regard to education and training are made on a sound basis.
The YPLA may secure the provision of facilities and services for providing information, advice or guidance about education or training or connected matters (including employment).
The YPLA must issue guidance to local education authorities about the performance of their duties under sections 15ZA(1), 15ZB, 15ZC(1)(b) and 18A(1) of the Education Act 1996 (c. 56).
Local education authorities must have regard to any such guidance in performing those duties.
Before issuing guidance under subsection (1) the YPLA must consult—
local education authorities in England, and
such other persons as it thinks appropriate.
The YPLA may also issue guidance about any other matter in respect of which it has a function.
The YPLA must—
prepare a statement of its policy with respect to the exercise of its intervention powers,
keep the statement under review, and
revise the statement, if it thinks it appropriate in consequence of the review.
When preparing a statement or revised statement of its policy, the YPLA must—
undertake such consultation as it thinks appropriate, and
consider any representations made to it about the policy to be set out in the statement.
The YPLA must send a copy of the statement or the revised statement to the Secretary of State for approval.
The YPLA must publish the statement, or revised statement, as soon as practicable after it has been approved by the Secretary of State.
The YPLA must have regard to the statement, or revised statement, most recently published under subsection (4) in exercising, or deciding whether to exercise, any of its intervention powers.
The YPLA’s intervention powers are its powers under—
section 67;
section 56H of the Further and Higher Education Act 1992 (c. 13);
section 56I of that Act.
The Secretary of State may by order confer supplementary functions on the YPLA.
A supplementary function is a function which is—
exercisable in connection with functions of the Secretary of State, and
relevant to the provision of education or training within the YPLA’s remit.
The Secretary of State may give directions to the YPLA containing—
objectives which the YPLA should achieve in carrying out its functions,
time limits within which the YPLA should achieve the objectives, and
provision relating to the management of the YPLA.
The Secretary of State may give to the YPLA other directions as to the performance of any of its functions if the Secretary of State is satisfied that the YPLA—
has failed to discharge a duty imposed by or under any Act, or
has acted or is proposing to act unreasonably with respect to the performance of any function conferred by or under any Act.
The Secretary of State may give directions under subsection (2) despite any provision made by or under any Act making the performance of a function dependent on the YPLA’s opinion.
Directions given under this section with respect to functions conferred on the YPLA by or under section 61 may not concern the provision of financial resources to or in respect of a particular person or persons.
The YPLA must, in performing its functions, have regard to any guidance given by the Secretary of State.
Guidance under this section may include in particular guidance about—
consultation with persons mentioned in subsection (3) in connection with the taking of decisions which affect such persons, and
taking advice from such persons or descriptions of persons as may be specified in the guidance.
The persons are—
persons receiving or proposing to receive education or training within the YPLA’s remit,
employers, or
such other persons or descriptions of persons as may be specified in the guidance.
Guidance under this section about consultation with persons falling within subsection (3)(a) must provide for the views of such persons to be considered in the light of their age and understanding.
The Secretary of State may require the YPLA to enter into Academy arrangements with the Secretary of State.
For the purposes of this Chapter “Academy arrangements” are arrangements under which the YPLA is required to exercise specified Academy functions on the Secretary of State’s behalf in accordance with the arrangements.
An “Academy function” is a function of the Secretary of State relating to or exercisable in connection with—
Academies, city technology colleges or city colleges for the technology of the arts generally, or
a particular, or particular description of, Academy, city technology college or city college for the technology of the arts.
But Academy functions do not include—
the function of entering into an agreement under section 482(1) of the Education Act 1996 (c. 56), or
functions of making, confirming or approving subordinate legislation.
Academy arrangements must include provision about the procedure for complaints to be made to the Secretary of State about what the YPLA has done, or failed to do, under the arrangements.
“Subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) (see section 21(1) of that Act).
References in a provision made by or under any Act to the functions of the YPLA do not include any functions conferred or imposed on the YPLA under Academy arrangements.
The Secretary of State may make grants to the YPLA for the purposes of any functions that are or may be conferred or imposed on the YPLA under Academy arrangements.
Grants to the YPLA under this section are to be made at such times and subject to such conditions (if any) as the Secretary of State thinks appropriate.
Conditions to which a grant is subject may (in particular)—
require the YPLA to use the grant for specified purposes;
require the YPLA to comply with specified requirements in respect of persons or persons of a specified description;
enable repayment (in whole or part) to be required of sums paid by the Secretary of State if any condition subject to which the grant was made is not complied with;
require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any condition remains unpaid.
Requirements which may be imposed under subsection (3)(b) include in particular requirements that, if the YPLA provides specified financial resources, it is to impose specified conditions.
This section applies if the Secretary of State and the YPLA enter into Academy arrangements.
A person within subsection (3) may provide information to any other person within that subsection for the purpose of enabling or facilitating the exercise of any relevant function.
The persons are—
the Secretary of State;
the YPLA;
a relevant Academy;
any other person by or in respect of whom a relevant function is exercisable.
A “relevant function” is—
a function conferred or imposed on the YPLA under the arrangements;
a function of the Secretary of State, a relevant Academy, or any other person, which is exercisable in connection with a function conferred or imposed on the YPLA under the arrangements.
A “relevant Academy” is an Academy, city technology college or city college for the technology of the arts in relation to which a function is exercisable by the YPLA under the arrangements.
Nothing in this section—
affects a power to disclose information that exists apart from this section, or
authorises the disclosure of any information in contravention of a provision made by or under any Act which prevents disclosure of the information.
In this Part a reference to education within the YPLA’s remit is a reference to education suitable to the requirements of—
persons aged under 19, or
persons aged 19 or over but under 25 who are subject to learning difficulty assessment.
In this Part a reference to training within the YPLA’s remit is a reference to training suitable to the requirements of—
persons aged 14 or over but under 19, or
persons aged 19 or over but under 25 who are subject to learning difficulty assessment.
For the purposes of this Part a person is subject to youth detention if—
subject to a detention order, and
detained in relevant youth accommodation.
In this Part—
“education” includes full-time and part-time education;
“training” includes—
full-time and part-time training;
apprenticeship training.
In subsection (4) “apprenticeship training” means training provided in connection with—
an apprenticeship agreement (within the meaning given in section 32),
any other contract of employment, or
any other kind of working in relation to which alternative English completion conditions apply under section 1(5).
The references in subsections (1) and (2) to persons— do not include persons who are subject to adult detention within the meaning given in section 121(4).
aged under 19, or 14 or over but under 19, or
aged 19 or over but under 25 who are subject to learning difficulty assessment,
There is to be a Chief Executive of Skills Funding.
In this Part that person is referred to as “the Chief Executive”.
The Chief Executive is to be appointed by the Secretary of State.
Except as provided for in section 107, 108 or 109, the Chief Executive is to perform the functions of the office in relation to England only.
Schedule 4 makes further provision about the Chief Executive.
The Secretary of State may direct the Chief Executive to arrange for apprenticeship functions specified in the direction to be carried out on behalf of the Chief Executive by a person designated by the Chief Executive.
The Secretary of State may give directions to the Chief Executive—
as to the performance of apprenticeship functions;
as to the description or identity of the person to be designated under subsection (1);
as to the terms of arrangements under that subsection;
requiring the Chief Executive to secure that the person designated under subsection (1) reports to the Secretary of State, in such form and at such times as may be specified in the direction, on the performance of apprenticeship functions which are the subject of arrangements under subsection (1).
A designation of a person under subsection (1) may be made only with the person’s consent.
Arrangements made by virtue of subsection (1) may be made on terms that permit sub-delegation; and the power conferred by subsection (2)(c) includes power to give directions as to—
the arrangements for any such sub-delegation;
functions which may be sub-delegated;
the description or identity of persons to whom functions may be sub-delegated.
In this section, “apprenticeship functions” means functions of the office which relate to—
apprenticeship certificates;
recognised English frameworks and the specification of apprenticeship standards for England;
apprenticeship training;
apprenticeship places (within the meaning of section 93), including functions under section 104 relating to apprenticeship places;
the provision of advice and assistance to the Secretary of State under section 106.
Terms used in subsection (5)(a) and (b) have the same meanings as in Chapter 1 of Part 1.
Regulations may provide—
for any provision relating to a function of the office made by or under any Act— in relation to the function where the function is the subject of arrangements under subsection (1);
not to apply, or
to apply subject to prescribed modifications,
for references to the Chief Executive in any such provisions to be construed in prescribed circumstances as, or as including, references— subject to such exceptions or modifications as may be prescribed.
to a person designated under subsection (1), or
to a person to whom functions are sub-delegated under subsection (4),