Apprenticeships, Skills, Children and Learning Act 2009

Apprenticeship functions

82Apprenticeship functions

(1)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.

(2)The Secretary of State may give directions to the Chief Executive—

(a)as to the performance of apprenticeship functions;

(b)as to the description or identity of the person to be designated under subsection (1);

(c)as to the terms of arrangements under that subsection;

(d)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).

(3)A designation of a person under subsection (1) may be made only with the person’s consent.

(4)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—

(a)the arrangements for any such sub-delegation;

(b)functions which may be sub-delegated;

(c)the description or identity of persons to whom functions may be sub-delegated.

(5)In this section, “apprenticeship functions” means functions of the office which relate to—

(a)apprenticeship certificates;

(b)recognised English frameworks and the specification of apprenticeship standards for England;

(c)apprenticeship training;

(d)apprenticeship places (within the meaning of section 93), including functions under section 104 relating to apprenticeship places;

(e)the provision of advice and assistance to the Secretary of State under section 106.

(6)Terms used in subsection (5)(a) and (b) have the same meanings as in Chapter 1 of Part 1.

(7)Regulations may provide—

(a)for any provision relating to a function of the office made by or under any Act—

(i)not to apply, or

(ii)to apply subject to prescribed modifications,

in relation to the function where the function is the subject of arrangements under subsection (1);

(b)for references to the Chief Executive in any such provisions to be construed in prescribed circumstances as, or as including, references—

(i)to a person designated under subsection (1), or

(ii)to a person to whom functions are sub-delegated under subsection (4),

subject to such exceptions or modifications as may be prescribed.