Statutory Instruments
2020 No. 1120
Education, England
Employment And Training, England
The Apprenticeships (Alternative English Completion Conditions and Miscellaneous Provisions) (Amendment) (Coronavirus) Regulations 2020
Made
14th October 2020
Coming into force in accordance with regulation 1(2)
The Secretary of State makes these Regulations in exercise of the powers conferred by sections A1(4) and (5), 1(5) and 262(3)(a) of the Apprenticeships, Skills, Children and Learning Act 2009( 1 ).
In accordance with section 262(6) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation and commencement
(2) These Regulations come into force on the day after the day on which they are made.
Amendments to the Apprenticeships (Alternative English Completion Conditions) Regulations 2012
2. —(1)The Apprenticeships (Alternative English Completion Conditions) Regulations 2012( 2 ) are amended as follows.
(2) In regulation 2 after “4” insert “, 4A”.
(3) After regulation 4 insert—
“ 4A. —(1) The conditions are that—
(a) a person (“P”) working under an apprenticeship agreement (“the agreement”) was dismissed by reason of redundancy on or after the day on which the Apprenticeships (Alternative English Completion Conditions and Miscellaneous Provisions) (Amendment) (Coronavirus) Regulations 2020 came into force;
(b) P had entered into the agreement in connection with a recognised English apprenticeship framework (“the framework”);
(c) P had started a course of training (“the course”) for the competencies qualification identified in the framework but was dismissed before completing the course;
(d) throughout the duration of the period beginning when P started the course and ending when P was dismissed, P was working under the agreement or a previous relevant agreement;
(e) at the beginning of the day on which P was dismissed, P had completed at least 75% of the course;
(f) after being dismissed, P completed the course;
(g) throughout the duration of the period beginning with the day after the day on which P was dismissed and ending when P completed the course, P was working, otherwise than for reward, in connection with the framework; and
(h) P meets the requirements specified in the framework for the purpose of the issue of an apprenticeship certificate.
(2) In paragraph (1)—
(a) in sub-paragraphs (c) to (g), the references to P being dismissed are to the dismissal referred to in paragraph (1)(a);
(b) in sub-paragraph (d), a “relevant agreement” means an agreement entered into by P in connection with a recognised English apprenticeship framework, where that framework was the same as the framework referred to in paragraph (1)(b). ”
Amendments to the Apprenticeships (Miscellaneous Provisions) Regulations 2017
3. —(1)The Apprenticeships (Miscellaneous Provisions) Regulations 2017( 3 ) are amended as follows.
(2) In regulation 6—
(a) in paragraph (1) after “paragraph (5)” insert “, (5A)”;
(b) after paragraph (5) insert—
“ (5A) This paragraph applies to a person where—
(a) the person was working for an employer and receiving training, under an approved English apprenticeship agreement which was terminated on or after the day on which the Apprenticeships (Alternative English Completion Conditions and Miscellaneous Provisions) (Amendment) (Coronavirus) Regulations 2020 came into force;
(b) that agreement was terminated before the final day or the revised final day because the person was dismissed by reason of redundancy; and
(c) at the beginning of the day on which that agreement was terminated, at least 75% of the practical period had elapsed. ”
Gillian Keegan
Parliamentary Under Secretary of State for Apprenticeships and Skills
Department for Education
14th October 2020
2009 c. 22 . Section A1 was inserted by paragraph 1 of Schedule 1 to the Deregulation Act 2015 (c. 20) . Section 1 was repealed by paragraph 7 of that Schedule but continues to have effect by virtue of paragraph 3 of the Schedule to the Deregulation Act 2015 (Commencement No. 1 and Transitional and Saving Provisions) Order 2015 ( S.I. 2015/994 ), subject to the provision made by paragraph 4 of that Schedule for the phasing out of apprenticeship frameworks.
S.I. 2012/1199 , to which there are amendments not relevant to these Regulations. Despite the repeal of section 1 of the Apprenticeships, Skills, Children and Learning Act 2009 by paragraph 7 of Schedule 1 to the Deregulation Act 2015, the Apprenticeships (Alternative English Completion Conditions) Regulations 2012 continue to have effect by virtue of paragraph 3 of the Schedule to the Deregulation Act 2015 (Commencement No. 1 and Transitional and Saving Provisions) Order 2015, subject to the provision made by paragraph 4 of that Schedule for the phasing out of apprenticeship frameworks.