Citation, commencement and interpretation_I1

1.—(1) These Regulations may be cited as the Public Sector Apprenticeship Targets Regulations 2017 and come into force on 31st March 2017.

(2) In these Regulations—

“the 2009 Act” means the Apprenticeships, Skills, Children and Learning Act 2009 ;

“Group A” has the meaning given by regulation 3(2);

“Group B” has the meaning given by regulation 3(3);

“headcount” has the meaning given by regulation 2;

“target period” has the meaning given by regulation 5.

Headcount_I2

2.—(1) A public body’s headcount is equal to the number of persons who work for that public body in England.

(2) A person works for a public body if the person—

(a)works for the public body as a worker within the meaning given by section 230(3) of the Employment Rights Act 1996 (employees and other workers)(2);

(b)^F1is an apprentice working for the public body, whether the apprenticeship agreement is with the public body itself or with an apprenticeship training agency(3); ...

(c)works for the public body in the course of Crown employment or of service as a member of the naval, military or air forces of the Crown [^F2; or

(d)is a member of a police force^F2] .

(3) But a person coming within any of paragraphs (4) to (6) does not, for the purposes of these Regulations, work for that public body.

(4) A person comes within this paragraph if the person works for the public body under a zero hours contract.

(5) A person comes within this paragraph if the person works for the public body on behalf of a contractor.

(6) A person comes within this paragraph if the person works under an apprenticeship agreement with a public body which is an apprenticeship training agency with a view to being supplied to another public body.

(7) In this regulation—

“Crown employment” has the meaning given by section A7(6) of the 2009 Act( 4 );

“zero hours contract” has the same meaning as in section 27A of the Employment Rights Act 1996 ( 5 ).

Prescribed public bodies_I3

3.—(1) The following are prescribed for the purposes of section A9(1) of the 2009 Act—

(a)Group A; and

(b)Group B.

(2) Group A is the group of public bodies which comprises—

(a)government departments, other than the Government Communications Headquarters; and

(b)those public bodies listed in Schedule 1.

(3) Group B comprises Transport for London(6) and those of its subsidiaries which are public bodies.

(4) In addition, a public body is prescribed for the purposes of section A9(1) of the 2009 Act if on [^F331st March 2021^F3] the body—

(a)is not a constituent part of Group A or Group B;

(b)is not described in Schedule 2; and

(c)has a headcount equal to, or greater than 250.

Reporting [^F4period^F4] _I4

4. For the purposes of section A10(5) of the 2009 Act (reporting periods) the financial year of—

(a)the Department for Education, which begins with 1st April [^F52021^F5] and ends with 31st March [^F62022^F6] , is to be used to determine the reporting [^F7period^F7] for all the prescribed public bodies within Group A;

(b)Transport for London, which begins with 1st April [^F82021^F8] and ends with 31st March [^F92022^F9] , is to be used to determine the reporting [^F10period^F10] for all the prescribed public bodies within Group B;

(c)Westminster City Council, which begins with 1st April [^F112021^F11] and ends with 31st March [^F122022^F12] , is to be used to determine the reporting [^F13period^F13] for all the prescribed public bodies coming within regulation 3(4).

[^F14Target period _I5

5. The target period is the period beginning with 1st April 2021 and ending with 31st March 2022.^F14]

Public sector apprenticeship targets_I6

6.—(1) The apprenticeship target for each of Group A and Group B is to ensure that the total number of apprentices who —

(a)begin working for the public bodies comprising those groups, and whose apprenticeship agreements began during the target period; and

(b)ordinarily work in England,

is equal to figure Z.

(2) The apprenticeship target for a public body referred to in regulation 3(4) is to ensure that the total number of apprentices who—

(a)begin working for that public body during [^F15the target period^F15] , and whose apprenticeship agreements began during an active period; and

(b)ordinarily work in England,

is equal to figure Z.

^F16(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public sector apprenticeship target: Group A and Group B_I7

7.—(1) Figure Z in respect of Group A and Group B is calculated in accordance with the steps outlined in the following paragraphs.

(2) Step 1 is to ascertain the total headcount of each of Group A and Group B on [^F17 31st March 2021 (“figure X”) ^F17]

(a) “W1” in relation to the reporting period beginning with 1st April 2017;

(b) “W2” in relation to the reporting period beginning with 1st April 2018;

(c) “W3” in relation to the reporting period beginning with 1st April 2019;

(d) “W4” in relation to the reporting period beginning with 1st April 2020.

[^F18 (3) Step 2 is to multiply figure X in relation to that Group by 0.023 (“figure Y”). ^F18]

^F19(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) [^F20 Step 3 ^F20] is to round figure Y up or down to the nearest whole number (“figure Z”).

Public sector apprenticeship target: other public bodies_I8

8.—(1) Figure Z in respect of a public body referred to in regulation 3(4) is calculated in accordance with the steps outlined in the following paragraphs.

(2) Step 1 is to ascertain the total headcount of the public body on [^F2131st March 2021^F21] .

(3) Step 2 is to multiply [^F22the figure^F22] determined under Step 1 by 0.023.

^F23(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F24 (5) Step 3 is to round up or down to the nearest whole number the figure calculated under Step 2, with the resulting rounded figure being figure Z.^F24]

(6) Where the public body is an apprenticeship training agency, any apprentices which the agency supplies to another public body must not be taken into account when calculating figure Z.

^F25(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prescribed information_I9

9. The information prescribed under section A10(1)(b) of the 2009 Act is—

(a)the information described in paragraphs (a) to (d) of section A10(3) of the 2009 Act (information explaining steps taken to meet a target or reasons why a target has not or may not be met);

(b)^F26the figure determined under Step 1 in regulation 7(2) or 8(2) (as the case may be) ...;

[^F27 (c)figure B (the number of apprentices who began to work for the body during the reporting period) expressed as a percentage of the figure described in paragraph (b).^F27]

Regulation 3(2)(b)

SCHEDULE 1 _I10,I11,I12

1. Advisory Conciliation and Arbitration Service.

2. Health and Safety Executive.

3. Office for Budget Responsibility.

[^F28 4. The proprietor of a relevant academy, where—

“proprietor” has the meaning given by section 579(1) of the Education Act 1996 ;

“relevant academy” means any of—

Regulation 3(4)(b)

SCHEDULE 2 _{I13,I14,I15,I16,I17,I18,I19,I20,I21,I22,I23}

1. The British Broadcasting Corporation and any of its subsidiaries.

2. Channel Four Television Corporation and any of its subsidiaries.

3. The House of Commons.

4. The House of Lords.

5. Post Office Ltd(7) and any of its subsidiaries.

6. A charity within the meaning of section 1(1) of the Charities Act 2011(8) which—

(a) does not come within any other paragraph in this Schedule;

^F29 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F29 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F30 (d) is not the governing body of any foundation, voluntary, or foundation special school; and

(e) is not the proprietor of a relevant academy, and in this Schedule, “proprietor” and “relevant academy” have the meanings given [^F31 in Schedule 1 ^F31] . ^F30]

7. A further education corporation within the meaning of section 17 of the Further and Higher Education Act 1992(9).

8. A housing association within the meaning of section 1 of the Housing Associations Act 1985(10).

9. A housing trust within the meaning of section 2 of the Housing Associations Act 1985.

[^F32 10. The proprietor of an independent school within the meaning of section 463 of the Education Act 1996, other than the proprietor of a relevant academy.^F32]

11. An institution incorporated in, or formed under the law of any part of the United Kingdom, which has permission under Part 4A of the Financial Services and Markets Act 2000(11) to carry on any regulated activity within the meaning of section 22(12) of that Act.

12. A university, including any university college and any college, or institution in the nature of a college, in a university.