The Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025 (Commencement) Regulations 2025
These regulations set the commencement dates for the Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025.
Key provisions, including the transfer of the Institute's property, rights, and liabilities to the Secretary of State, come into effect the day after the regulations are made.
Further provisions, including the transfer of functions and the abolition of the Institute, take effect on June 1st, 2025, at 2:00 a.m.
The regulations aim to streamline governance and clarify responsibilities, but potential negative consequences such as increased bureaucracy or disruption to existing structures are possible.
Arguments For
Streamlined Governance: The transfer of functions to the Secretary of State simplifies the governance structure, potentially improving efficiency and accountability.
Clearer Responsibilities: The regulations clearly define the commencement dates for various provisions, reducing ambiguity and ensuring smooth transitions of responsibilities.
Legislative Alignment: The regulations align the legal framework with the intended changes brought about by the 2025 Act, ensuring all necessary modifications were implemented effectively
Improved Coordination: Centralizing functions under the Secretary of State may lead to better coordination of apprenticeship and technical education initiatives.
Arguments Against
Potential for Bureaucracy: Centralizing under the Secretary of State might lead to increased bureaucracy and slow decision-making processes, potentially hindering responsiveness to specific sector needs.
Impact on Existing Structures: The abolishment of the Institute and transfer of functions may disrupt existing operational structures and working relationships, causing temporary inefficiencies.
Unintended Consequences: Consolidation of powers in one authority might lead to unintentional drawbacks or overlooked needs during the transition of responsibilities.
Lack of Detailed Impact Assessment: The lack of a full impact assessment raises concerns about unforeseen repercussions for various stakeholders.
- Citation and interpretation (1) These Regulations may be cited as the Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025 (Commencement) Regulations 2025. (2) In these Regulations, “the 2025 Act” means the Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025.
This section establishes the official title of the regulations and defines the term “the 2025 Act” for clarity and consistency throughout the document.
The official name of the regulations is given in subsection (1), the subsection (2) provides that short form reference for ease of interpretation.
- Provisions coming into force on the day after the day on which these Regulations are made (a) section 2 (transfer of property etc); (b) Schedule 2 (transfer of property etc).
This section specifies that sections 2 and Schedule 2 of the 2025 Act, both related to the transfer of property, rights, and liabilities, become immediately effective. Section 2 details the transfer of the Institutes' property, rights and liabilities to the Secretary of State.
- Provisions coming into force on 1st June 2025 (a) section 1 (transfer of functions); (b) section 4 (preparation of standards); (c) section 5 (preparation of apprenticeship assessment plans); (d) section 6 (reviews); (e) section 7 (examinations by independent third parties); (f) section 8 (accreditation of technical education qualifications); (g) Schedule 1 (transfer of functions).
This section outlines that several provisions concerning the transfer of functions and amendments to existing legislation related standards, assessment plans, review processes, accreditation, will become effective on June 1st, 2025.
These sections detail aspects of the transfer of functions from the Institute to the Secretary of State and amend existing Acts regarding standards and qualifications.
- Provisions coming into force at 2.00 a.m. on 1st June 2025 (a) section 3 (abolition); (b) Schedule 3 (abolition: consequential amendments).
This section states that the abolition of the Institute (section 3) and consequential amendments (Schedule 3) come into effect at 2:00 a.m. on June 1st, 2025.
The abolishment of the institute concludes its existence as a governing body, schedule 3 makes the necessary, associated amendments elsewhere.
Explanatory Note (This note is not part of the Regulations) These Regulations bring into force the remaining provisions of the Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025 (“the Act”) that did not come into force on the day on which the Act was passed. The provisions commenced under regulation 2 come into force on the day after the day on which these Regulations are made. Those provisions are section 2 and Schedule 2 which provide for the transfer of the property, rights and liabilities of the Institute for Apprenticeships and Technical Education (“the Institute”) to the Secretary of State. Regulation 3 brings the following provisions into force on 1st June 2025:
- section 1 (transfer of functions) which transfers the functions of the Institute to the Secretary of State;
- sections 4 to 8 (further amendments) which amend the following sections of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22):
- Section ZA11 (standards);
- section A2 (apprenticeship assessment plans);
- section A2D8 (reviews of approval of technical education qualifications);
- section A2E (reviews of published standards and assessment plans);
- section A2G (examinations by independent third parties);
- section 138 (qualifications subject to Ofqual accreditation);
- Schedule 1 (transfer of functions) which substitutes the Secretary of State for the Institute in relation to the functions listed and makes other minor and consequential amendments. Regulation 4 brings the following provisions into force at 2.00 a.m. on 1st June 2025:
- section 3 (abolition of the Institute);
- Schedule 3 (abolition: consequential amendments). A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
The explanatory note summarizes the regulations' purpose and impact, clarifying the timing and effects of the various commencement dates outlined in the preceding sections.
This note also clarifies that there was no major impact assessment undertaken because there was thought to be no, or only negligible, impact on any sector.
This section further details the specific impact of regulation 3 and 4 and the other affected sections within the relevant acts.