Regulation 2 HeadcountI1

England and Wales

(1)

A public body’s headcount is equal to the number of persons who work for that public body in England.

(2)

A person works for a public body if the person—

(a)

works for the public body as a worker within the meaning given by section 230(3) of the Employment Rights Act 1996 (employees and other workers)^f1;

(b)

is an apprentice working for the public body, whether the apprenticeship agreement is with the public body itself or with an apprenticeship training agency^f2; F1...

(c)

works for the public body in the course of Crown employment or of service as a member of the naval, military or air forces of the Crown F2; or

(d)

is a member of a police force.

(3)

But a person coming within any of paragraphs (4) to (6) does not, for the purposes of these Regulations, work for that public body.

(4)

A person comes within this paragraph if the person works for the public body under a zero hours contract.

(5)

A person comes within this paragraph if the person works for the public body on behalf of a contractor.

(6)

A person comes within this paragraph if the person works under an apprenticeship agreement with a public body which is an apprenticeship training agency with a view to being supplied to another public body.

(7)

In this regulation—

“Crown employment” has the meaning given by section A7(6) of the 2009 Act^f3;
“zero hours contract” has the same meaning as in section 27A of the Employment Rights Act 1996^f4.

Annotations

Textual amendments

F1: Word in reg. 2(2) omitted (31.3.2018) by virtue of The Apprenticeships (Miscellaneous Provisions) Regulations 2017 (S.I. 2017/1310), regs. 1(3), 8(2)(a)
F2: Reg. 2(2)(d) and word inserted (31.3.2018) by The Apprenticeships (Miscellaneous Provisions) Regulations 2017 (S.I. 2017/1310), regs. 1(3), 8(2)(b)

Commencement

I1: Reg. 2 in force at 31.3.2017, see reg. 1(1)

Footnotes

f1: 1996 c. 18.
f2: An apprenticeship training agency is an organisation approved as such by the Skills Funding Agency which supplies apprentices to host businesses and other organisations whilst itself remaining the apprentice’s employer throughout.
f3: Section A7 was inserted by paragraph 1 of Part 1 of Schedule 1 to the Deregulation Act 2015 (c. 20).
f4: Section 27A was inserted by section 153 of the Small Business, Enterprise and Employment Act 2015 (c. 18).