This Statutory Instrument has been printed due to an error in S.I. 2022/86 and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
2022 No. 949
Employment And Training, England
The Apprenticeships (Miscellaneous Provisions) (Amendment) (No. 2) (England) Regulations 2022
Made
at 10.45 a.m. on 8th September 2022
Laid before Parliament
at 3.00 p.m. on 8th September 2022
Coming into force
30th September 2022
The Secretary of State, in exercise of the powers conferred by sections A1(2), (4) and (5) and 262(3) of the Apprenticeships, Skills, Children and Learning Act 2009( 1 ), makes the following Regulations.
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Apprenticeships (Miscellaneous Provisions) (Amendment) (No. 2) (England) Regulations 2022.
(2) These Regulations come into force on 30th September 2022.
(3) These Regulations extend to England and Wales.
Amendment of regulation 6 of the Apprenticeships (Miscellaneous Provisions) Regulations 2017: alternative English apprenticeships
2. —(1)Regulation 6 (alternative English apprenticeships) of the Apprenticeships (Miscellaneous Provisions) Regulations 2017( 2 ) is amended as follows.
(2) In paragraph (1), for “or (8)”, substitute “, (8) or (10)” .
(3) Omit paragraph (9)(a).
(4) After paragraph (9), insert—
“ (10) This paragraph applies to the following persons who are working and receiving training to achieve an approved standard—
(a) a convicted prisoner who was sentenced in relation to that conviction excluding such a prisoner in a naval, military or air force prison;
(b) a convicted inmate who was sentenced in relation to that conviction; and
(c) a convicted person—
(i) who was sentenced in relation to that conviction;
(ii) who is required to be detained in any accommodation mentioned in section 102(2)(a), (b) or (d) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( 3 ) or in a secure 16 to 19 Academy,
and continues to apply to a person after they cease to be a person mentioned in sub-paragraph (a), (b) or (c), so long as they were such a person when that work or training commenced.
(11) For the purposes of paragraph (1), the arrangement in paragraph (10) must specify a period of at least 12 months during which a person is expected to work and receive training under the arrangement.
(12) In paragraph (10)—
(a) “ convicted ” means “convicted or found guilty of an offence or committed for contempt of court or for failing to do or abstain from doing anything required to be done or left undone” and “ conviction ” is to be construed accordingly;
(b) “ inmate ” has the meaning given by Rule 2 of the Young Offender Institution Rules 2000 ( 4 ) ; and
(c) “ secure 16 to 19 Academy ” has the meaning given by section 1B of the Academies Act 2010 ( 5 ) . ” .
Kit Malthouse
Secretary of State
Department for Education
at 10.45 a.m. on 8th September 2022
2009 (c. 22) . Section A1 was inserted by section 3 of, and paragraph 1 of Schedule 1 to, the Deregulation Act 2015 (c. 20) and was later amended by section 22 of, and paragraph 4 of Schedule 4 to, the Enterprise Act 2016 (c. 12) and section 1 of, and paragraph 9 of Schedule 1 to, the Technical and Further Education Act 2017 (c. 19) .
S.I. 2017/1310 , as amended by S.I. 2020/1120 and 2022/86 .
2012 c. 10 . Section 102(2) was amended by section 38 of, and paragraphs 28 and 29 to Schedule 9, of the Criminal Justice and Courts Act 2015 (c. 2) .
S.I. 2000/3371 . There are amendments to rule 2 which are not relevant to these Regulations.
2010 c. 32 . Section 1B was inserted by section 53(7) of the Education Act (c. 21) and amended by section 164(1) of the Police, Crime, Sentencing and Courts Act 2022 (c. 32) .