Part 4: Apprenticeships Section 25: Only statutory apprenticeships to be described as apprenticeships
This section inserts a new section A11 into the 2009 Act. It creates an offence for a person to provide or offer a course or training as an apprenticeship in England if it is not a statutory apprenticeship. The offence applies to a person who, in the course of business, describes the course or training as an apprenticeship. Similarly, the offence includes describing a person who undertakes such a course or training as an apprentice.
	The definition of statutory apprenticeship in the section is intended to include all English apprenticeships provided for under the 2009 Act (including apprenticeships in relation to frameworks saved under provision made under section 115(9) of the Deregulation Act 2015) and section 2 of the Employment and Training Act 1973. It also includes statutory apprenticeship arrangements within Scotland, Wales and Northern Ireland in case any part of those apprenticeships are provided or offered in England.
	Employers cannot commit the offence in relation to their employees. That includes employees who have a contract of apprenticeship which is not a statutory apprenticeship. The definition of a contract of employment in section 230(2) of the Employment Rights Act 1996 expressly includes contracts of apprenticeship.
	The offence may be committed by a body corporate. An officer of a body corporate also commits the offence if the action of the body corporate is done with their consent or connivance or is as a result of their neglect. In this context, an officer also includes a governor of an educational institution.
	This offence will be enforced primarily by the Local Weights and Measures Authorities using similar powers to those they have in relation to unrecognised degrees under Schedule 5 to the Consumer Rights Act 2015. It will enable them, the Secretary of State, or others with the consent of the Director of Public Prosecutions to take action if courses or training are offered which are not of sufficient quality as required of statutory apprenticeships. The offence is only triable in the Magistrates’ Court and the maximum penalty is a fine.
	This provision forms part of the law of England and Wales but applies to England only.