39.This section of the Act inserts several new sections into the 2005 Act, creating a new legislative framework for Scottish apprenticeships.
40.New section 12E defines a “Scottish apprenticeship” for the purposes of Part 1 of the 2005 Act. This is defined as an arrangement where an individual apprentice does paid work for an employer in an occupation or activity included in a Scottish apprenticeship framework; the apprentice receives training to meet the relevant requirements in a Scottish apprenticeship framework (see section 12F); and there is an apprenticeship agreement (as defined in section 12E(4)) in place between the apprentice and the employer and any training provider involved in the delivery of the apprenticeship. In addition, Ministers may set additional criteria in regulations (subject to the negative procedure) which must be satisfied here.
41.Section 12E(2) gives Ministers a separate regulation-making power, subject to the affirmative procedure, to change the definition of a Scottish apprenticeship in subsection (1). Before laying a draft of such regulations before the Scottish Parliament, Ministers must consult the persons listed in section 12E(3).
42.New section 12F gives the Council powers to prepare, publish, amend and revoke Scottish apprenticeship frameworks, which are to set out the relevant requirements for a Scottish apprenticeship in respect of particular occupations or activities, including the training and standards required of apprentices.
43.In preparing a framework, and before amending or revoking one, the Council must have regard to the views of the persons listed in subsections (3) and (6) respectively. Section 12F(5) also requires the Council to publish reasons for amending a revoking a framework.
44.Section 12F(7) gives Ministers a regulation-making power to make further provision about the requirements for Scottish apprenticeships which are to be set out in an apprenticeship framework, and the process to be followed by the Council in preparing, publishing, amending and revoking frameworks.
45.New section 12G enables requests to be made to the Council to prepare or revise a Scottish apprenticeship framework for a particular occupation or activity. Section 12G(2) requires the Council to consider any such request made to it. Section 12G(3) allows the Council to charge a reasonable fee to cover the cost of preparing or amending a framework.
46.Section 12G(5) gives Ministers a regulation-making power to make provision about the process to be followed by the Council in responding to requests to prepare or amend an apprenticeship framework; the amount of fee that the Council may charge for preparing or amending a framework; and the circumstances in which the fee must be waived.
47.New section 12H allows apprentices who have completed their training, or someone on their behalf, to apply to the Council for a Scottish apprenticeship certificate. Under subsection (3), the Council may charge a reasonable fee for issuing a Scottish apprenticeship certificate.
48.Section 12H(4) gives Ministers a regulation-making power to make provision about the process to be followed for requesting and issuing apprenticeship certificates, and the amount of fee that the Council may charge for issuing a certificate.
49.Funding for Scottish apprenticeships and work-based learning
Commentary on Provisions Part 2 – Functions of the Scottish Further and Higher Education Funding Council Section 11: Scottish apprenticeships