[Apprenticeship Levy-paying Employer] - ucem.ac.uk

1 Example only UCEM, WA CS ( levy ) V3 Page 1 of 18 Evidence Pack Part R (1) apprenticeship Delivery Agreement [ apprenticeship Levy-paying Employer] THIS AGREEMENT is made on <<insert date/month/year>> BETWEEN [1]University College of Estate Management [UCEM] Horizons,60 Queen s Road, Reading, Berkshire RG1 4BS [The Main Provider ] UK Provider Reference Number: 10008173 [2]<<Employer name, employer address, employer postcode>>Employer name must be as registered with HMRC [The Employer ] And each shall be a PARTY Introduction and recital of intention: WHEREAS [A]The Main Provider is a registered provider of apprenticeship training ;[B]The Employer wishes to provideapprenticeship education to an employee by making use of theservices of the Main Provider.

2 [C]The Main Provider and the Employer have agreed that their relationship should be governed by alegally binding contract and the agreed terms of the contract are those set out in THE PARTIES AGREE AS FOLLOWS Example only UCEM, WA CS ( levy ) V3 Page 2 of 18 Contents Definitions and Interpretation .. 3 Principal Contacts for this Agreement .. 5 apprenticeship Service Account Details .. 5 apprenticeship Details .. 6 Apprentice 6 Average Number of Employees .. 6 Apprentice Employment, Secondments and Employer Responsibilities.

3 6 training and On-Programme Assessment Services to be Provided .. 7 Off-the-Job training .. 7 Progress Monitoring and Reporting .. 8 End-point Assessment [RICS Assessment of Professional Competence] .. 8 Fees, funding and Payments .. 8 Changes in Circumstance During apprenticeship Delivery .. 10 Safeguarding, Prevent Duty and Health and Safety .. 10 Equality and Additional Learning Support .. 11 Main Provider Duties and Responsibilities .. 11 Employer Duties and Responsibilities .. 11 Intellectual Property Rights.

4 12 Data Protection .. 12 Termination of Agreement .. 12 Complaints and Dispute Resolution .. 13 Amendments and Variations .. 13 Limitation of Liability .. 14 Force 14 Waiver .. 14 Notices .. 14 Contracts (Rights of Third Parties) Act 1999 .. 14 Entire Agreement .. 14 Assignment .. 15 Variation .. 15 Governing 15 Signatures .. 15 Appendix A Safeguarding of Apprentices .. 16 Appendix B Prevent Duty .. 18 Example only UCEM, WA CS ( levy ) V3 Page 3 of 18 Definitions and Interpretation In this Agreement the following terms shall have the following meanings: Agreement: all parts of this Agreement and includes the Schedules and Appendices incorporated into it.

5 Apprentice: The person named in Clause that is completing the apprenticeship stated in Clause Apprentice Evidence Pack: The evidence required by the funding Body to support the funding claimed. End-point Assessment Organisation: any organisation on the Register of End-point Assessment Organisations which is selected by an Employer and contracted by a training Provider to carry out End-point Assessment. apprenticeship : means an approved English apprenticeship in accordance with the Apprenticeships, Skills, Children and Learning [ASCL] Act 2009.

6 An apprenticeship is a job with an accompanying skills development programme. This includes the training and where required End-point Assessment for an employee as part of a job with an accompanying skills development programme. apprenticeship Agreement: an approved English apprenticeship agreement; or an apprenticeship agreement within the meaning given in section 32 of the apprenticeship , Skills, Children and Learning Act 2009 as it applies in relation to England by virtue of provision made under section 115[9] of the Deregulation Act 2015.

7 This can be a written statement of particulars under the Employment Rights Act 1996, a contract of employment or a letter of engagement, where the employer s duty under the 1996 Act is treated as met. Approved apprenticeship Standard: has the meaning given in Section A1 of the Apprenticeships, Skills, Children and Learning Act 2009. apprenticeship Completion Date: the date when the Apprentice has achieved all requirements of the Assessment apprenticeship levy : the levy payable by all employers with an annual pay bill of more than 3 million which is used to support the funding of Apprenticeships.

8 apprenticeship Planned End Date: the date entered onto the ILR when the Apprentice is expected to complete their apprenticeship including End-point Assessment. apprenticeship Service: the service provided by the funding Body to fund apprenticeship training undertaken by approved training providers using Government funds. apprenticeship Start Date: the date when the Apprentice started/is due to start their apprenticeship . Assessment Plan: a document that sets out the on-programme and synoptic assessment requirements in relation to a specific Approved apprenticeship Standard.

9 Break in Learning: where an individual is not continuing with their apprenticeship but has told the Employer beforehand that they intend to resume their apprenticeship in the future. Change of Control: has the meaning given in section 1124 of the Corporation Tax Act 2010. Commitment Statement: a statement signed and held by the Main Provider, the Apprentice and their Employer that sets out how the Apprentice will be supported to successful achievement of the apprenticeship . Connected Company: an entity [being a distinct legal entity] that is connected to other companies [each with a distinct legal entity] for the purposes of the paying the apprenticeship levy and other HMRC related activity.

10 Data Controller: in relation to the Data Protection Act 1998 (DPA) means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be processed Employed: an individual who has a contract of employment. This does not include individuals who are self-employed. Example only UCEM, WA CS ( levy ) V3 Page 4 of 18 Employer Co-Investment: a financial contribution towards the cost of training which is payable by the Employer to the Main Provider when there are insufficient funds in the Employer s Digital Account.