ASCLA 2009
Apprenticeships, Skills, Children and Learning Act 2009
What this means for your business
- Applies to
- United Kingdom
- On this page
- 13 compliance obligations, 1 practical guide
What you must do
13 compliance obligations under this legislation.
Management duties 5
Authorize and manage staff searches for prohibited items
If you run a further‑education college in England, you must only allow staff who are the principal or have been specifically authorised by the principal to search students for knives, weapons, alcohol, drugs, stolen goods or other prohibited items. Searches must follow strict rules – same‑sex staff, outer clothing only, another staff member present – and any seized items must be dealt with according to the detailed procedures (hand to police, retain, dispose, etc.).
Follow Ofqual’s EYFS assessment framework
If you run an early years setting (e.g., a nursery, preschool or other EYFS responsible body), you must take the Ofqual EYFS assessments regulatory framework into account when you plan and carry out EYFS assessments. In practice this means checking the published guidance and using it to shape how you assess children’s progress.
Manage pupil searches for prohibited items in schools
If you run a school in England, you must make sure any search of a pupil for weapons, drugs, alcohol or stolen goods follows the statutory procedure. Only a headteacher or staff authorised by the headteacher can search when they have reasonable suspicion, the search must be carried out by a staff member of the same sex as the pupil, in the presence of another staff member, and only outer clothing may be removed. Any items found must be handled, recorded and, where required, passed to the police.
Put in place a procedure to record and report staff use of force
If you run a school (or own a private‑school business), you must have a written process for logging any significant incident where a staff member uses force on a pupil and you must tell the pupil’s parent (or the local authority where appropriate) as soon as possible. You also need to follow any Secretary‑of‑State guidance on what counts as “significant harm”.
Set up and follow a procedure for recording and reporting use of force
If you run a further‑education college in England, you must have a written process to record every significant incident where staff use force on a student and to inform the student’s parent (unless the student is 20 or over or reporting would cause harm). The record has to be made quickly and you must make sure the process is actually followed.
Notifications 1
Notify Ofqual if you intend to stop being a recognised awarding body
If your organisation is a recognised body that delivers or awards qualifications, you must formally tell Ofqual when you want to give up that status for a particular qualification. Ofqual will then set a date when the recognition ends and may adjust it, making sure current or prospective learners are not unfairly affected.
Other requirements 1
Comply with Ofqual directions on recognition conditions
If Ofqual thinks your organisation is not meeting the conditions attached to its recognition (or is likely to fail), it can issue a formal direction telling you what to do. You must follow that direction after Ofqual gives you notice and an opportunity to comment. Failure to comply can lead to enforcement action.
Payments and fees 2
Pay apprenticeship cost assessments on time (interest may apply)
If OFQUAL assesses costs you must pay them by the deadline. If you fail to pay, interest starts to accrue and OFQUAL can recover the unpaid amount plus interest as a civil debt. Keeping to the deadline avoids extra charges and enforcement action.
Pay Ofqual’s recovery costs if your organisation is sanctioned
If Ofqual takes action against your recognised body – for example by giving a direction, imposing a monetary penalty or withdrawing its recognition – you must pay the costs Ofqual incurred investigating and enforcing that sanction. You’ll receive a formal notice setting out how much to pay and the deadline (at least 28 days).
Offences and prohibitions 3
Describe non‑statutory training as an apprenticeship
Unlimited fineIf you market, advertise or label a course or training programme as an apprenticeship when it is not a statutory apprenticeship (and the learner is not under an employment contract with you), you commit a criminal offence. On conviction you face an unlimited fine, and any officer of a company involved can also be prosecuted.
Disclose HMRC revenue or customs information without consent
If your business receives confidential revenue or customs information from HMRC and then passes it on to anyone else without HMRC’s permission, you commit a criminal offence. The breach is treated the same as the wrongful‑disclosure offence under the Commissioners for Revenue and Customs Act 2005. Conviction can lead to an unlimited fine and/or imprisonment, depending on the penalties set in that Act.
Obstruct inspector's entry to a children’s centre
Fine up to £2,500If you deliberately prevent the Chief Inspector or an appointed inspector from entering a children’s centre (or any premises used for its services) to carry out an inspection, you commit a criminal offence. On conviction in the Magistrates’ Court you face a fine of up to £2,500. No imprisonment is provided for this offence.
Registration and licensing 1
Apply to Ofqual for recognition as an awarding body
If your business wants to award or certify qualifications covered by the Apprenticeships, Skills, Children and Learning Act, you must submit an application to Ofqual and demonstrate that you meet the latest recognition criteria. Once recognised, you must comply with any general, accreditation or other conditions that Ofqual attaches to the recognition.
Penalties for non-compliance
3 penalties under this legislation. 1 carry an unlimited fine.
Describe non‑statutory training as an apprenticeship
Unlimited fine
Obstruct inspector's entry to a children’s centre
Fine up to £2,500
Disclose HMRC revenue or customs information without consent
Penalty applies
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
356 classified provisions from this legislation.
Duties 40
- s.3 Duty to issue: England
- s.7 Duty to issue: Wales
- s.11 Contents of apprenticeship certificate
- s.20 Recognised Welsh frameworks: notification and publication
- s.23 Duty to prepare and submit draft specification: England
- s.38 Apprenticeship sectors
- s.90 Encouragement of education and training for persons aged 19 or over and others subject to adult detention
- s.91 Duty to secure availability of apprenticeship places
- s.114 Strategies: duty of Chief Executive
- s.115 Persons with special educational needs
- s.116 Persons subject to adult detention
- s.132 Recognition
- s.133 Criteria for recognition
- s.134 General conditions of recognition
- s.136 Fee capping conditions: supplementary
- s.139 Accreditation
- s.142 Consultation before making order specifying minimum requirements
- s.143 Effect of order specifying minimum requirements
- s.146 Criteria for assignment of number of hours of guided learning
- s.147 Surrender of recognition
- ... and 20 more duties
Offences and penalties 6
Powers 72
- s.4 Power to issue: England
- Schedule 5 Learning aims for persons aged 19 or over
- Schedule 8 Sixth form college sector
- s.8 Power to issue: Wales
- s.9 Issue by the Welsh certifying authority: supplementary
- s.18 Welsh issuing authority
- s.19 Issue: Wales
- s.21 Submission of draft framework for issue: Wales
- s.22 Transitional provision: Wales
- s.29 Modification: Wales
- s.40AA Sharing of information by or with the Secretary of State
- s.40A Sharing of information by HMRC and the Secretary of State
- s.40AB Sharing of technical education information by or with Ofqual
- s.40 Employer support for employee study and training
- s.40B Sharing of information by HMRC and devolved authorities
- s.44 Power to require provision of education by further education institution
- s.74 Power to confer supplementary functions on YPLA
- s.83 Power to secure provision of apprenticeship training
- s.83A The apprenticeship offer
- s.88 Learning aims for persons aged 19 or over: payment of tuition fees
- ... and 52 more powers
Definitions 36
- s.2 Meaning of “completing a Welsh apprenticeship”
- Schedule 7 Learning and Skills Council for England: transfer schemes the LSC permitted transferee the TUPE regulations
- s.10 The Welsh certifying authority Designated
- s.12 Apprenticeship frameworks: interpretation apprenticeship framework recognised Welsh framework
- s.32 Meaning of “apprenticeship agreement” apprenticeship agreement
- s.37 Duty to participate in education or training: apprenticeship agreements “apprenticeship agreement
- s.39 Interpretation of Chapter apprenticeship certificate apprenticeship sector the specification of apprenticeship standards for Wales
- s.40D Interpretation HMRC
- s.41 Education and training for persons over compulsory school age: general duty apprenticeship training
- s.45 Duties in relation to the core and additional entitlements course of study the core entitlement
- s.51 Detention of child or young person: local authorities to be notified local authority
- s.80 Interpretation of Part
- s.87 Learning aims for persons aged 19 or over: provision of facilities
- s.96 Apprenticeship offer requirements: interpretation
- s.99 Apprenticeship offer: interpretation
- s.121 Interpretation of Part apprenticeship training approved English apprenticeship approved steps towards occupational competence
- s.127 The Office of Qualifications and Examinations Regulation
- s.131 Meaning of “regulated assessment arrangements” etc. Regulated assessment arrangements NC assessment arrangements EYFS assessment arrangements
- s.157 Power to provide information to qualifications regulators
- s.158 Interpretation of Chapter awarding body entry and inspection condition fee capping condition
- ... and 16 more definitions
Exemptions 10
- s.28 Specification of apprenticeship standards for Wales
- s.36 Crown servants and Parliamentary staff
- s.50 Persons detained in youth accommodation: further provision
- s.83B Limit on scope of the apprenticeship offer
- s.86 Education and training for persons aged 19 or over and others subject to adult detention
- s.140 Criteria for accreditation
- s.145 Assignment of number of hours of guided learning
- s.195 Targets for safeguarding and promoting the welfare of children
- Crown servants and parliamentary staff Crown servants and parliamentary staff
- Delegation Delegation