UK Act of Parliament 2009 United Kingdom

Apprenticeships, Skills, Children and Learning Act 2009

At a glance

Enforced by

Ofsted, Ofqual

What's here

42 compliance obligations, 1 practical guide · 1 statutory instrument

Penalty landscape

1 of 42 obligations carry a fine up to £2,500. 2 carry different penalties and 39 have no criminal penalty — flagged in the list below.

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

  • Any Person 9
  • Employer 2
  • Occupier 1
  • Director or Officer 1

Plus 29 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

Relevant guidance

Practical guides for businesses affected by this Act, ordered by how closely they engage with it.

Direct — cites this Act

1 guides

Other Acts binding the same actors

For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Part 1 — Apprenticeships, study and training

s.007

Duty to issue: Wales

Other duties (1) — Crown / regulator
  • Welsh certifying authority must issue apprenticeship certificates Statutory regulator
s.011

Contents of apprenticeship certificate

Other duties (1) — Crown / regulator
  • Certifying authorities must include specific details on apprenticeship certificates Crown / Minister / Government department
s.034

Variation

  • Give written notice before making certain apprenticeship agreement changes Employer
s.038

Apprenticeship sectors

Other duties (1) — Crown / regulator
  • Welsh Ministers must define apprenticeship skill sectors Crown / Minister / Government department
s.s.a11

Only statutory apprenticeships to be described as apprenticeships

Unlimited fine
  • Unlawfully describing a course as an apprenticeship Director or Officer
s.s.a2d8

Reviews of approval of technical education qualifications

Other duties (1) — Crown / regulator
  • Secretary of State must review approved technical education qualifications Crown / Minister / Government department
s.s.a2e

... Reviews of published standards and assessment plans

Other duties (1) — Crown / regulator
  • Secretary of State must review apprenticeship standards and assessment plans Crown / Minister / Government department
s.s.a2ha

List of technical education qualifications

Other duties (1) — Crown / regulator
  • Secretary of State must maintain a list of approved technical qualifications Crown / Minister / Government department
s.s.a2i

Transfer of copyright in standards and assessment plans

Other duties (1) — Crown / regulator
  • Secretary of State must make approved apprenticeship standards public Crown / Minister / Government department
s.s.za10

Mapping of occupational groups

Other duties (1) — Crown / regulator
  • Secretary of State must map and publish occupational groups Crown / Minister / Government department
Browse 78 other sections in this Part — procedural / definitional / commencement
s.additional steps towards occupational competence

Additional steps towards occupational competence

s.annual and other reports

Annual and other reports

s.apprenticeship assessment plans

Apprenticeship assessment plans

s.approval of technical education qualifications: ov

Approval of technical education qualifications: overview

s.approved technical education qualifications: appro

Approved technical education qualifications: approval and withdrawal

s.approved technical education qualifications: publi

Approved technical education qualifications: publication and fees

s.availability of approved technical education quali

Availability of approved technical education qualifications outside England

s.categories of technical education qualification

Categories of technical education qualification

s.committee to advise on quality evaluations etc

Committee to advise on quality evaluations etc

s.conferral of further functions on the institute by

Conferral of further functions on the Institute by regulations

s.co-operation between the institute and ofqual

Co-operation between the Institute and Ofqual

s.crown servants and parliamentary staff

Crown servants and parliamentary staff

s.delegation

Delegation

s.delegation of functions to the institute by secret

Delegation of functions to the Institute by Secretary of State

s.directions

Directions

s.english apprenticeship agreements: status

English apprenticeship agreements: status

s.english apprenticeship agreements: supplementary p

English apprenticeship agreements: supplementary provision

s.evaluation of quality of apprenticeship assessment

Evaluation of quality of apprenticeship assessments

s.examinations by independent third parties

Examinations by independent third parties

s.further powers to approve technical education qual

Further powers to approve technical education qualifications

s.further provision about apprenticeship targets

Further provision about apprenticeship targets

s.general duties

General duties

s.general provision about directions under chapters

General provision about directions under Chapters ZA1 and A1

s.interpretation of chapter a1

Interpretation of Chapter A1

s.interpretation of chapter za1

Interpretation of Chapter ZA1

s.list of published standards and assessment plans

List of published standards and assessment plans

s.meaning of “approved english apprenticeship” etc

Meaning of “approved English apprenticeship” etc

s.moratorium on further approvals under section a2d5

Moratorium on further approvals under section A2D5

s.occupational categories (sometimes referred to as

Occupational categories (sometimes referred to as “ routes ”)

s.oversight

Oversight

s.power to issue apprenticeship certificate

Power to issue apprenticeship certificate

s.power to issue technical education certificate

Power to issue technical education certificate

s.preparation of apprenticeship standards and assess

Preparation of apprenticeship standards and assessment plans

s.progress reports

Progress reports

s.provision of advice and assistance to the secretar

Provision of advice and assistance to the Secretary of State etc

s.public sector apprenticeship targets

Public sector apprenticeship targets

s.revision or withdrawal of published standards and

Revision or withdrawal of published standards and assessment plans

s.secretary of state directions where the institute

Secretary of State directions where the Institute fails to discharge duties etc

s.standards

Standards

s.technical education certificate: approval of techn

Technical education certificate: approval of technical education qualifications

s.the institute for apprenticeships and technical ed

The Institute for Apprenticeships and Technical Education

s.transfer of copyright relating to technical educat

Transfer of copyright relating to technical education qualifications

s.unsatisfactory apprenticeship assessments

Unsatisfactory apprenticeship assessments

Part 1A — Apprenticeships , Technical Education Qualifications and other education and training: information sharing

s.040

Wrongful disclosure

2 years imprisonment
  • Unlawfully sharing HMRC tax or customs data Any Person
Browse 5 other sections in this Part — procedural / definitional / commencement
s.040

Sharing of information by HMRC and the Secretary of State

s.040

Sharing of information by or with the Secretary of State

s.040

Sharing of technical education information by or with Ofqual

s.040

Sharing of information by HMRC and devolved authorities

s.040

Interpretation

Part 2 — Local authority functions

Browse 19 other sections in this Part — procedural / definitional / commencement

Part 4 — Apprenticeships and adult education and training: role of Secretary of State

s.101

Financial resources: welfare

Amended 31 times
s.114

Directions and guidance to strategic authorities

Amended 1 time
s.118

Directions: consultation

Amended 2 times
s.120

Territorial application of Part

Amended 1 time
s.120

When functions become exercisable by strategic authorities

Amended 1 time
Browse 21 other sections in this Part — procedural / definitional / commencement

Part 7 — The Office of Qualifications and Examinations Regulation

s.132

Recognition

Amended 2 times
Other duties (1) — Crown / regulator
  • Ofqual must recognise awarding bodies that meet recognition criteria Statutory regulator
s.139

Accreditation

Amended 1 time
Other duties (1) — Crown / regulator
  • Ofqual must accredit qualifications that meet published criteria Statutory regulator
s.148

Register

Amended 3 times
Other duties (1) — Crown / regulator
  • Ofqual must maintain and publish a register of recognised bodies Statutory regulator
s.151

Power to impose monetary penalties

Amended 3 times
s.151

Monetary penalties: amount

Amended 3 times
s.151

Monetary penalties: appeals

Amended 3 times
s.151

Monetary penalties: interest and recovery

Amended 3 times
s.152

Costs recovery

Amended 2 times
Other duties (1) — Crown / regulator
  • Ofqual may recover investigation and legal costs following a sanction Statutory regulator
s.152

Costs recovery: appeals

Amended 2 times
s.152

Costs: interest and recovery

Amended 2 times
  • Pay interest on overdue regulatory costs Any Person

Part 9 — Children's services

Browse 2 other sections in this Part — procedural / definitional / commencement

Part 10 — Schools

Schedules

Browse 230 other Schedules — structural / supplementary
s.sch001

The Employment Rights Act 1996 is amended as follows.

s.sch001

In section 235(1) (other definitions) at the appropriate place insert—...

s.sch001

In section 236(3) (orders and regulations subject to affirmative Parliamentary...

s.sch001

The Trade Union and Labour Relations (Consolidation) Act 1992 is...

s.sch001

In section 212A (arbitration scheme for unfair dismissal cases etc.),...

s.sch001

In section 237(1A)(a) (cases where employee may complain of unfair...

s.sch001

In section 238(2A)(a) (cases where employment tribunal to determine whether...

s.sch001

In section 18 of the Employment Tribunals Act 1996 (conciliation),...

s.sch001

In section 48 (right to present complaint of detriment to...

s.sch001

In section 105 (unfair dismissal: redundancy), after subsection (7BA) insert—...

s.sch001

In section 108(3) (exceptions to one year qualifying period of...

s.sch001

In section 194 (House of Lords staff), in subsection (2)(e)...

s.sch001

In section 195 (House of Commons staff), in subsection (2)(e)...

s.sch001

In section 199 (mariners)— (a) in subsection (2), after “47E,”...

s.sch001

In section 225 (how to calculate a week's pay in...

s.sch001

In section 227(1) (maximum amount of week's pay) before paragraph...

s.sch002

The Education Act 1996 is amended as follows.

s.sch002

(1) In the title of section 509AA, for “Provision” substitute...

s.sch002

After section 569 insert— Regulations made by Welsh Ministers under...

s.sch002

In section 579(1) (general interpretation)— (a) in the definition of...

s.sch002

In section 580 (index) insert the following entries at the...

s.sch002

In section 207(2) of the Education Act 2002 (recoupment: adjustment...

s.sch002

(1) Section 13 (general responsibility for education) is amended as...

s.sch002

For section 13A substitute— Duty to promote high standards and...

s.sch002

(1) Section 15A (functions in respect of full-time education for...

s.sch002

In section 15B (functions in respect of education for persons...

s.sch002

(1) Section 312 (meaning of “special educational needs”, “learning difficulty”...

s.sch002

In section 496 (power of Secretary of State to prevent...

s.sch002

In section 497 (general default powers of Secretary of State)...

s.sch002

In section 497A (power of Secretary of State to secure...

s.sch005

This paragraph applies to the following qualifications—

s.sch005

This paragraph applies to a specified qualification at level 3....

s.sch005

(1) In paragraphs 1 and 2, a reference to a...

s.sch005

The level of attainment in literacy demonstrated by a specified...

s.sch005

The level of attainment in numeracy demonstrated by a specified...

s.sch005

The level of attainment demonstrated by a specified qualification in...

s.sch005

Level 2 is the level of attainment (in terms of...

s.sch005

Level 3 is the level of attainment (in terms of...

s.sch005

In forming an opinion for the purposes of this Schedule,...

s.sch005

(1) The Secretary of State may by order amend this...

s.sch006

In Part 2 of Schedule 1A to the Race Relations...

s.sch006

In Schedule 4 (instruments and articles of government for further...

s.sch006

In section 13(2)(a) (general responsibility for education) for “Learning and...

s.sch006

The Learning and Skills Act 2000 is amended as follows....

s.sch006

Omit section 1 (the Learning and Skills Council for England)....

s.sch006

Omit section 2 (duties of Learning and Skills Council: education...

s.sch006

Omit section 3 (duties of Learning and Skills Council: education...

s.sch006

Omit section 4 (encouragement of education and training).

s.sch006

Omit sections 4A to 4C (learning aims for persons aged...

s.sch006

The Further and Higher Education Act 1992 is amended as...

s.sch006

Omit section 5 (provision of financial resources).

s.sch006

Omit section 6 (financial resources: conditions).

s.sch006

Omit section 7 (funding of school sixth forms).

s.sch006

Omit section 8 (links between education and training and employment)....

s.sch006

Omit section 9 (assessments and means tests).

s.sch006

Omit section 10 (qualifying accounts and arrangements).

s.sch006

Omit section 11 (further education: governors).

s.sch006

Omit section 11A (support schemes relating to education and training...

s.sch006

Omit section 12 (research and information).

s.sch006

Omit section 13 (persons with learning difficulties).

s.sch006

(1) Section 19 (supplementary powers of a further education corporation)...

s.sch006

Omit section 14 (equality of opportunity).

s.sch006

Omit section 14A (consultation).

s.sch006

Omit section 15 (plans).

s.sch006

Omit section 16 (strategy).

s.sch006

Omit section 17 (use of information by Learning and Skills...

s.sch006

Omit section 18 (supplementary functions).

s.sch006

Omit sections 18A to 18C (regional councils).

s.sch006

Omit sections 24A to 24C (strategies for functions of the...

s.sch006

Omit section 25 (directions).

s.sch006

Omit section 26 (committees).

s.sch006

In section 29(7A) (government and conduct of designated institutions)—

s.sch006

Omit section 27 (grants to Learning and Skills Council).

s.sch006

Omit section 28 (annual report).

s.sch006

Omit section 29 (Council's financial year).

s.sch006

Omit section 97 (external qualifications: persons over 19).

s.sch006

(1) Section 98 (approved qualifications: England) is amended as follows....

s.sch006

(1) Section 99 (approved qualifications: Wales) is amended as follows....

s.sch006

In section 100 (authorised bodies) for “sections 96 and 97...

s.sch006

In section 101 (enforcement: England) in subsection (1)—

s.sch006

In section 102 (enforcement: Wales) in subsection (1)—

s.sch006

(1) Section 113A (restructuring of sixth form education) is amended...

s.sch006

In section 31(2A) (designated institutions conducted by companies)—

s.sch006

Omit Schedule 1 (the Learning and Skills Council for England)....

s.sch006

Omit Schedule 1A (learning aims for persons aged 19 and...

s.sch006

Omit Schedule 3 (committees (England)).

s.sch006

(1) Schedule 7A (implementation of proposals for restructuring sixth form...

s.sch006

In section 108 of the Education Act 2005 (supply of...

s.sch006

The Education and Inspections Act 2006 is amended as follows....

s.sch006

Section 75 (education and training to satisfy entitlements) ceases to...

s.sch006

In section 54(1) (duty to give information)—

s.sch006

The Further Education and Training Act 2007 is amended as...

s.sch006

Sections 11 to 13 (provision by Learning and Skills Council...

s.sch006

Sections 14 to 16 (transfer of functions of Secretary of...

s.sch006

(1) Section 56A (intervention: England) is amended as follows.

s.sch007

The Secretary of State may make a scheme (a “staff...

s.sch007

(1) This paragraph applies where a staff transfer scheme provides...

s.sch007

(1) This paragraph applies where a staff transfer scheme provides...

s.sch007

A staff transfer scheme may provide for the transfer of...

s.sch007

(1) The Secretary of State may make a scheme (a...

s.sch007

A transfer by virtue of a staff transfer scheme or...

s.sch007

A staff transfer scheme or a property transfer scheme may...

s.sch007

In this Schedule— “designated”, in relation to a staff transfer...

s.sch008

The Further and Higher Education Act 1992 (c. 13) is...

s.sch008

In section 88A(1) (stamp duty land tax) after “32” insert...

s.sch008

(1) Section 89 (orders, regulations and directions) is amended as...

s.sch008

(1) Section 90(1) (interpretation) is amended as follows.

s.sch008

(1) Section 91 (interpretation of Education Acts) is amended as...

s.sch008

In section 92 (index) at the appropriate places insert— relevant...

s.sch008

(1) Schedule 4 (instruments and articles of government for further...

s.sch008

In section 17(1) (meaning of “further education corporation”) after “by...

s.sch008

After section 33 insert— Sixth form college corporations: England Initial...

s.sch008

In section 34(1) (making additional property available for use) after...

s.sch008

In section 52A(1) (duty to safeguard pupils receiving secondary education)...

s.sch008

In section 56A(1) (intervention: England) after “institution in England within...

s.sch008

After section 56D (inserted by Schedule 6) insert— Intervention by...

s.sch008

In section 88(1) (stamp duty) after “32,” insert “ 33N,...

s.sch009

Ofqual is to perform its functions on behalf of the...

s.sch009

(1) Ofqual may delegate any of its functions to—

s.sch009

(1) A committee established by Ofqual or a joint committee...

s.sch009

The application of Ofqual's seal is authenticated by the signatures...

s.sch009

The Documentary Evidence Act 1868 (c. 37) has effect in...

s.sch009

(1) Ofqual may do anything that it considers necessary or...

s.sch009

(1) Ofqual is to consist of— (za) a member appointed...

s.sch009

(1) The Chief Regulator holds and vacates office in accordance...

s.sch009

(1) The chair holds and vacates office in accordance with...

s.sch009

(1) The deputy and other ordinary members hold and vacate...

s.sch009

(1) Ofqual must, if the Secretary of State requires it...

s.sch009

The Office of Qualifications and Examinations Regulation

s.sch009

(1) Ofqual may establish committees, and any committee established by...

s.sch009

(1) Ofqual and any other person may establish a committee...

s.sch009

(1) Ofqual may regulate— (a) its own proceedings (including quorum),...

s.sch010

: transfer schemes

s.sch010

: transfer schemes

s.sch010

: transfer schemes

s.sch010

: transfer schemes

s.sch010

: transfer schemes

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch011

The Qualifications and Curriculum Development Agency

s.sch012

(1) Section 408 (provision of information) is amended as follows....

s.sch012

The Education Act 1997 is amended as follows.

s.sch012

Sections 21 to 26A (the Qualifications and Curriculum Authority) cease...

s.sch012

In section 29 (functions of the Welsh Ministers in relation...

s.sch012

(1) Section 30 (functions of the Welsh Ministers in relation...

s.sch012

(1) Section 32 (supplementary provisions relating to discharge by the...

s.sch012

After section 32 insert— Qualifications functions of Welsh Ministers: co-operation...

s.sch012

(1) Section 32A (power of the Welsh Ministers to give...

s.sch012

After section 32A insert— Power of Welsh Ministers to withdraw...

s.sch012

(1) Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...

s.sch012

Section 36 (levy on bodies awarding qualifications accredited by relevant...

s.sch012

In section 54(1) (orders and regulations) omit “, except an...

s.sch012

In section 58(6) (short title, commencement and extent etc)—

s.sch012

Schedule 4 (the Qualifications and Curriculum Authority) ceases to have...

s.sch012

In Schedule 7 (minor and consequential amendments) omit paragraph 2....

s.sch012

The Learning and Skills Act 2000 is amended as follows....

s.sch012

(1) Section 96 (external qualifications: persons under 19) is amended...

s.sch012

(1) Section 98 (approved qualifications: England) is amended as follows....

s.sch012

(1) In section 99 (approved qualifications: Wales) is amended as...

s.sch012

The Education Act 2002 is amended as follows.

s.sch012

(1) Section 76 (interpretation of Part 6) is amended as...

s.sch012

(1) Section 87 (establishment of the National Curriculum for England...

s.sch012

(1) Section 90 (development work and experiments) is amended as...

s.sch012

(1) Section 96 (procedure for making certain orders and regulations)...

s.sch012

The Childcare Act 2006 is amended as follows.

s.sch012

(1) Section 41 (the learning and development requirements) is amended...

s.sch012

(1) Section 42 (further provisions about assessment arrangements) is amended...

s.sch012

In section 44(1) (instruments specifying learning and development or welfare...

s.sch012

In section 46 (power to enable exemptions from learning and...

s.sch012

(1) Part 3 of Schedule 1 to the House of...

s.sch012

In Part 3 of Schedule 1 to the Northern Ireland...

s.sch012

In Schedule 2 to the Charities Act 1993 (exempt charities)...

s.sch012

The Education Act 1996 is amended as follows.

s.sch013

Part 4 of the Education and Inspections Act 2006 (c....

s.sch013

After section 69 insert— Power of Secretary of State to...

s.sch013

(1) Section 59(2) (meaning of schools being “eligible for intervention”)...

s.sch013

For the title of section 60 substitute “ Performance standards...

s.sch013

After section 60 insert— Teachers' pay and conditions warning notice...

s.sch013

(1) Section 63 (power of local authority to require governing...

s.sch013

(1) Section 64 (power of local authority etc to appoint...

s.sch013

In section 66(2) (power of local authority to suspend right...

s.sch013

In section 67(1) (power of Secretary of State to appoint...

s.sch013

In section 69(1) (power of Secretary of State to provide...

s.schedule a1 para.1

The IfA is to perform its functions on behalf of...

s.schedule a1 para.10

(1) The IfA may— (a) provide information or advice to...

s.schedule a1 para.11

(1) The IfA must— (a) keep proper accounts and proper...

s.schedule a1 para.12

(1) The application of the IfA's seal must be authenticated...

s.schedule a1 para.13

(1) The Secretary of State may make grants to the...

s.schedule a1 para.2

(1) The IfA is to consist of—

s.schedule a1 para.3

(1) The non-executive members hold and vacate office in accordance...

s.schedule a1 para.4

(1) The IfA must, if the Secretary of State requires...

s.schedule a1 para.5

(1) The first chief executive is to be appointed by...

s.schedule a1 para.6

The Secretary of State and the IfA may enter into...

s.schedule a1 para.7

(1) The IfA may establish committees, and any committee established...

s.schedule a1 para.8

(1) The IfA may regulate— (a) its own proceedings (including...

s.schedule a1 para.9

(1) Subject to sub-paragraphs (2) and (3), the IfA may...

Other sections — not classified into a Part

These sections sit outside the numbered Parts — usually provisions added or moved by later amendments.

Browse 1 other section
s.the institute for apprenticeships

The Institute for Apprenticeships

Enforcement and responsible bodies

The regulators that administer or enforce this legislation.

Ofsted

Primary

Office for Standards in Education, Children's Services and Skills

Inspects and regulates services providing education, training, and childcare in England. Inspects schools, colleges, initial teacher training, and children's social care. Registers …

Office of Qualifications and Examinations Regulation

Regulates qualifications, examinations, and assessments in England. Approves and monitors awarding organisations. Maintains the Register of Regulated Qualifications.

1 statutory instrument

These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.

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Regulators

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