Apprenticeships, Skills, Children and Learning Act 2009

Apprenticeship frameworks: England

13English issuing authority

(1)The Secretary of State may designate a person to issue apprenticeship frameworks relating to a particular apprenticeship sector.

(2)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.

(3)A person designated under this section must, in exercising functions under this Chapter—

(a)comply with directions given by the Secretary of State;

(b)have regard to guidance given by the Secretary of State.

(4)A designation under this section may be amended or revoked by the Secretary of State.

(5)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.

14Issue: England

(1)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.

(2)Recognition of a recognised English framework may be withdrawn—

(a)by the English issuing authority, or

(b)if there is no English issuing authority in relation to the framework, by the Secretary of State.

15Recognised English frameworks: notification and publication

(1)On issuing an apprenticeship framework under section 14(1), the English issuing authority must—

(a)publish the framework;

(b)notify the Chief Executive of Skills Funding of the issue of the framework.

(2)A notice given under subsection (1)(b) must be accompanied by a copy of the framework.

(3)A person who withdraws recognition of an apprenticeship framework under section 14(2) must—

(a)publish a notice stating that recognition of the framework has been withdrawn;

(b)notify the Chief Executive of Skills Funding of the withdrawal.

(4)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.

16Submission of draft framework for issue: England

(1)This section applies if a person—

(a)submits a draft of an apprenticeship framework to the English issuing authority, and

(b)requests that the authority issue a framework in the form of the draft.

(2)The authority may require the person to provide such information and evidence in connection with the draft as the authority thinks appropriate.

(3)If the authority decides not to issue a framework in the form of the draft, it must give the person reasons for its decision.

17Transitional provision: England

(1)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.

(2)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.

(3)An order under subsection (1) must—

(a)specify a date on which the deemed framework is to be treated as being issued under section 14(1);

(b)specify a date on which recognition of the deemed framework is to be treated as having been withdrawn under section 14(2);

(c)specify a qualification that the deemed framework is to be treated as identifying as the competencies qualification;

(d)specify the level and apprenticeship sector that are to be treated as being stated in the deemed framework.

(4)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.

(5)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);

• “existing vocational specification” means a specification, prepared before the coming into force of section 14, of training, qualifications and skills appropriate for persons engaging in a particular trade, skill or occupation.

(6)Nothing in this section limits the powers conferred by sections 262 and 265.