Legislation – Enterprise Act 2016

In Chapter A1 of Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009 (apprenticeships: England), after section A10 (inserted by section 24) insert—

“A11Only statutory apprenticeships to be described as apprenticeships

(1)

A person (“P”) providing or offering any course or training that is, or is to be, undertaken (wholly or partly) in England commits an offence if—

(a)

in the course of business P describes the course or training as an apprenticeship, and

(b)

the course or training is not a statutory apprenticeship.

(2)

No offence is committed under subsection (1) where the course or training is, or is to be, provided to an individual under or in pursuance of a contract of employment between the individual and P.

(3)

In subsection (1) “statutory apprenticeship” means any course or training that is, or is to be, provided under—

(a)

an approved English apprenticeship;

(b)

an apprenticeship agreement within the meaning given in section 32;

(c)

an arrangement to undertake any other kind of working—

(i)

in relation to which alternative English completion conditions apply under section 1(5), and

(ii)

in connection with which training is to be provided in accordance with an apprenticeship framework within the meaning given in section 12; or

(d)

arrangements made under—

(i)

section 2 of the Employment and Training Act 1973,

(ii)

section 17B(1)(a) of the Jobseekers Act 1995,

(iii)

section 2(3) of the Enterprise and New Towns (Scotland) Act 1990, or

(iv)

section 1 of the Employment and Training Act (Northern Ireland) 1950,

that are identified by the person making the arrangements as arrangements for the provision of apprenticeships.

(4)

The reference to section 32 in subsection (3)(b) includes a reference to that section as it applies in relation to England by virtue of provision made under section 115(9) of the Deregulation Act 2015; and a reference to a section in subsection (3)(c) is a reference to the section as it so applies.

(5)

A person guilty of an offence under this section is liable on summary conviction to a fine.

(6)

Where an offence under this section committed by a body corporate—

(a)

is committed with the consent or connivance of an officer of the body corporate, or

(b)

is attributable to neglect on the part of an officer of the body corporate,

the officer also commits the offence and is liable to be proceeded against and punished accordingly.

(7)

Every local weights and measures authority in England—

(a)

has a duty to enforce the provisions of this section within their area;

(b)

must make to the Secretary of State, whenever he or she so directs, a report on the exercise of the authority’s functions under this section.

A report under paragraph (b) must be in such form, and contain such particulars, as the Secretary of State may direct.

(8)

Proceedings for an offence under this section may be instituted only—

(a)

by or on behalf of a local weights and measures authority in England,

(b)

by or on behalf of the Secretary of State, or

(c)

with the consent of the Director of Public Prosecutions.

(9)

In this section—

“contract of employment” has the same meaning as in the Employment Rights Act 1996 (see section 230(2) of that Act);

“offering”, in relation to any course or training, includes offering or marketing it to the public generally or to any section of the public;

“officer”, in relation to a body corporate, means—

(a)

a director, manager, secretary or similar officer of the body, or a person purporting to act in such capacity;

(b)

a governor of an educational institution conducted by the body.

(10)

The reference in subsection (1) to describing any course or training as an apprenticeship includes a reference to describing an individual who undertakes it as an apprentice.”