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Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025 in Scotland

2025 c. 14 · Enacted 15 May 2025 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 June 2025.

An Act to transfer the functions of the Institute for Apprenticeships and Technical Education, and its property, rights and liabilities, to the Secretary of State; to abolish the Institute; and to make amendments relating to the transferred functions.

[15th May 2025]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. Final provisions
  2. 10Power to make consequential provision
  3. 11Extent
  4. 12Commencement
  5. 13Transitional and saving provision
  6. 14Short title
  7. 2Paragraph 2
  8. 3Paragraph 3
  9. 4Paragraph 4
  10. 5Paragraph 5
  11. 6Paragraph 6
  12. 7Paragraph 7
  13. 8Paragraph 8
  14. 9Paragraph 9
  15. 10Paragraph 10
  16. 11Paragraph 11
  17. 12Paragraph 12
  18. 13Paragraph 13
  19. 14Paragraph 14
  20. 15Paragraph 15
  21. 16Paragraph 16
  22. 17Paragraph 17
  23. 18Paragraph 18
  24. 19Paragraph 19
  25. 20Paragraph 20
  26. 21Paragraph 21
  27. 22Paragraph 22
  28. 23Paragraph 23
  29. 24Paragraph 24
  30. 25Paragraph 25
  31. 26Paragraph 26
  32. 27Paragraph 27
  33. 28Paragraph 28
  34. 29Paragraph 29
  35. 30Paragraph 30
  36. 31Paragraph 31
  37. 5Paragraph 5
  38. 6Paragraph 6
  39. 8Paragraph 8
  40. 9Paragraph 9

10Power to make consequential provisionI1

(1)

The Secretary of State may by regulations make provision that is consequential on this Act.

(2)

Regulations under subsection (1) may amend or repeal provision made by an Act passed—

(a)

before this Act, or

(b)

later in the same session of Parliament as this Act.

(3)

Regulations under subsection (1)—

(a)

must be made by statutory instrument;

(b)

may make transitional or saving provision;

(c)

may make different provision for different purposes.

(4)

A statutory instrument containing (alone or with other provision) regulations under subsection (1) that amend or repeal provision made by an Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5)

Any other statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

11ExtentI1

(1)

This Act extends to England and Wales only, subject to subsections (2) and (3).

(2)

Any amendment or repeal made by this Act has the same extent as the provision amended or repealed.

(3)

Section 10, this section and sections 12 to 14 extend to England and Wales, Scotland and Northern Ireland.

12CommencementI1

(1)

The following provisions of this Act come into force on such day as the Secretary of State may by regulations appoint—

(a)

sections 1 to 8;

(b)

Schedules 1 to 3.

(2)

The other provisions of this Act come into force on the day on which this Act is passed.

(3)

Regulations under subsection (1)—

(a)

must be made by statutory instrument;

(b)

may make different provision for different purposes.

13Transitional and saving provisionI1

(1)

Subsection (2) applies to anything that—

(a)

is done (or has effect as if done) by or in relation to the Institute for Apprenticeships and Technical Education (“the Institute”) for the purposes of, or otherwise in connection with, a transferred function, and

(b)

is in effect immediately before the function is transferred.

(2)

Anything to which this subsection applies is to be treated, so far as is necessary for continuing its effect, as done by or in relation to the Secretary of State.

(3)

There may be continued by or in relation to the Secretary of State anything (including legal proceedings) which—

(a)

relates to a transferred function, and

(b)

is in the process of being done by or in relation to the Institute immediately before the function is transferred.

(4)

In this section “transferred function” means a function transferred from the Institute to the Secretary of State by this Act.

(5)

The Secretary of State may by regulations make further transitional or saving provision in connection with the coming into force of any provision of this Act.

(6)

Regulations under subsection (5)—

(a)

must be made by statutory instrument;

(b)

may make different provision for different purposes.

14Short titleI1

This Act may be cited as the Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025.

2I1I2

In section ZA9 (occupational categories), omit subsection (2).

3I1I2

(1)

Section ZA10 (mapping of occupational groups) is amended as follows.

(2)

For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3)

In subsection (4)—

(a)

for “it” substitute “the Secretary of State”;

(b)

for “its determinations” substitute “a determination”.

4I1I2

(1)

Section ZA11 (standards) is amended as follows.

(2)

For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3)

In subsection (7) for “it”, in each place it occurs, substitute “the Secretary of State”.

(4)

In subsection (8), for “it” substitute “the Secretary of State”.

5I1I2

(1)

Section A2 (apprenticeship assessment plans) is amended as follows.

(2)

For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3)

In subsection (1), for “it” substitute “the Secretary of State”.

(4)

In subsection (10) for “it”, in each place it occurs, substitute “the Secretary of State”.

(5)

In subsection (11), for “it” substitute “the Secretary of State”.

6I1I2

(1)

Section A2B (evaluation of quality of apprenticeship assessments) is amended as follows.

(2)

In subsections (1) and (3), for “Institute” substitute “Secretary of State”.

7I1I2

(1)

Section A2C (unsatisfactory apprenticeship assessments) is amended as follows.

(2)

For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3)

In subsection (1), for “it” substitute “the Secretary of State”.

(4)

In subsection (3)—

(a)

for “it” substitute “the Secretary of State”;

(b)

for “the Secretary of State or such other person as” substitute “any person”.

8I1I2

Omit section A2D (committee to advise on quality evaluations etc).

9I1I2

(1)

Section A2D2 (categories of technical education qualification) is amended as follows.

(2)

For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3)

In subsection (2), for “it”, in the first place it occurs, substitute “the Secretary of State”.

(4)

In subsection (7), for the words after “consult” substitute “such persons as the Secretary of State considers appropriate”.

10I1I2

(1)

Section A2D3 (technical education certificate: approval of technical education qualifications) is amended as follows.

(2)

For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3)

In subsection (1), omit “, if it considers it appropriate,”.

(4)

In subsections (4) and (5), for “it”, in each place it occurs, substitute “the Secretary of State”.

(5)

In subsection (7), for “its” substitute “a”.

11I1I2

(1)

Section A2D4 (additional steps towards occupational competence) is amended as follows.

(2)

For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3)

In subsection (1), for “it”, in the first place it occurs, substitute “the Secretary of State”.

(4)

In subsection (4), for “it” substitute “the Secretary of State”.

12I1I2

(1)

Section A2D5 (further powers to approve technical education qualifications) is amended as follows.

(2)

For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3)

In subsection (1), omit “, if it considers it appropriate,”.

(4)

In subsection (2), for “it” substitute “the Secretary of State”.

13I1I2

(1)

Section A2D6 (approved technical education qualifications: approval and withdrawal) is amended as follows.

(2)

For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3)

In subsection (1), for “it” substitute “the Secretary of State”.

(4)

In subsection (4), for “it”, in the first place it occurs, substitute “the Secretary of State”.

(5)

In subsection (6), for “it” substitute “the Secretary of State”.

14I1I2

(1)

Section A2D7 (approved technical education qualifications: publication and fees) is amended as follows.

(2)

In subsections (1) and (2), for “Institute”, in each place it occurs, substitute “Secretary of State”.

(3)

In subsection (3), omit the words from “by regulations” to “regulations) to”.

(4)

After subsection (3) insert—

“(4)

The fees are to be determined by or in accordance with regulations made by the Secretary of State.”

15I1I2

In section A2D8(1) (reviews of approval of technical education qualifications), for “Institute” substitute “Secretary of State”.

16I1I2

(1)

Section A2D9 (moratorium on further approvals under section A2D5) is amended as follows.

(2)

For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3)

In subsection (2), for “that it should not” substitute “not to”.

(4)

In subsections (3) and (5), for “it” substitute “the Secretary of State”.

17I1I2

Omit section A2D10 (Secretary of State directions to the Institute).

18I1I2

Omit section A2D11 (co-operation between the Institute and Ofqual).

19I1I2

In section A2E(1) (regular reviews of published standards and assessment plans) for “Institute” substitute “Secretary of State”.

20I1I2

In section A2F(1) (revision or withdrawal of published standards and assessment plans) for “Institute” substitute “Secretary of State”.

21I1I2

In section A2G(3) (examinations by independent third parties)—

(a)

for “Institute” substitute “Secretary of State”;

(b)

for “its” substitute “the Secretary of State’s”.

22I1I2

(1)

Section A2H (list of published standards and assessment plans) is amended as follows.

(2)

For “Institute”, in each place it occurs, substitute “Secretary of State”.

(3)

In subsection (1), for “it” substitute “the Secretary of State”.

23I1I2

In section A2HA (list of technical education qualifications), for “Institute”, in each place it occurs, substitute “Secretary of State”.

24I1I2

In section A2I (transfer of copyright in standards and assessment plans), for “Institute”, in each place it occurs, substitute “Secretary of State”.

25I1I2

In section A2IA (transfer of copyright relating to technical education qualifications), for “Institute”, in each place it occurs, substitute “Secretary of State”.

26I1I2

In section A2IB (availability of approved technical education qualifications outside England)—

(a)

for “Institute” substitute “Secretary of State”;

(b)

for “it” substitute “the Secretary of State”.

27I1I2

In section A12 (interpretation of Chapter A1), in subsection (1)—

(a)

for “Institute”, in each place it occurs, substitute “Secretary of State”;

(b)

omit the definition of Ofqual.

28I1I2

(1)

Section 40AA (sharing of information by or with the Institute) is amended as follows.

(2)

In subsection (1), for “Institute for Apprenticeships and Technical Education” substitute “Secretary of State”.

(4)

In subsection (3)—

(a)

for “Institute”, in the first place it occurs, substitute “Secretary of State”;

(b)

in paragraph (a), for “Institute” substitute “Secretary of State under, or relating to, Chapter A1 of Part 1”.

(5)

In the heading, for “Institute” substitute “Secretary of State”.

29I1I2

(1)

Section 40AB (sharing of technical education information by or with Ofqual) is amended as follows.

(3)

In subsection (4)(a), omit “the Secretary of State,”.

(4)

In subsection (5), in the definition of “technical education function”, for “Institute for Apprenticeships and Technical Education” substitute “Secretary of State”.

30I1I2

(1)

Section 122 (sharing of information for education and training purposes) is amended as follows.

31I1I2

(1)

Section 138 (qualifications subject to Ofqual accreditation) is amended as follows.

(2)

In subsection (1A)(b)—

(a)

for “Institute”, in each place it occurs, substitute “Secretary of State”;

(b)

in sub-paragraph (ii), for “its” substitute “the Secretary of State’s”.

(3)

In subsection (7)—

(a)

for “Institute” substitute “Secretary of State”;

(b)

for “it”, in each place it occurs, substitute “the Secretary of State”;

(c)

for “its” substitute “the Secretary of State’s”.

(4)

In subsection (8), omit the definition of “the Institute”.

5I1I2

Omit section 23.

6I1I2

In Schedule 4, omit—

8I1I2

Omit section 1(2) and (4).

9I1I2

In Schedule 1, omit—