The Duty to Participate in Education or Training (Alternative Ways of Working) Regulations 2013
S.I. 2013/1243 · Made 23 May 2013
Education, England
Made 23rd May 2013
Coming into force 28th June 2013
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by section 5(1) of the Education and Skills Act 2008f1.
In accordance with section 166(2) of that Act a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Annotations to the whole text
Footnotes
- f1
-
2008 c. 25. See section 168 for the definition of “prescribed” and “regulations”.
Contents
1Citation and commencement
These Regulations may be cited as the Duty to Participate in Education or Training (Alternative Ways of Working) Regulations 2013 and come into force on 28th June 2013.
2Alternative ways of working
The following ways of working are prescribed for the purposes of section 5(1)(b) of the Education and Skills Act 2008—
working as a self-employed person,
working otherwise than for reward, and
working as the holder of an office.
Signature
Matthew Hancock
Parliamentary Under Secretary of State
Department for Education
23rd May 2013
Explanatory note
(This note is not part of the Regulations)
These Regulations are made under section 5 of the Education and Skills Act 2008 (“the 2008 Act”).
Section 2 of the 2008 Act places a duty on persons over the compulsory school age to participate in education or training until the age of 18 (or until attaining a level 3 qualification if earlier). There are three ways in which a person might participate in education and training: appropriate full-time education, a contract of apprenticeship, or part-time education or training alongside full-time occupation. These Regulations concern the third of those ways of meeting the duty.
Section 5 of the 2008 Act sets out the meaning of full-time occupation. A person is in full-time occupation if he or she works for at least 20 hours per week under a contract of employment, or in any other way that is prescribed. These Regulations prescribe three alternative ways of working: self-employment, working otherwise than for reward (for example, voluntary work), or as the holder of an office. Persons who work in these ways for at least 20 hours per week will be in full-time occupation for the purposes of the 2008 Act.
An impact assessment has not been produced for this instrument as no impact on businesses, the public sector or civil society organisations is foreseen.