Statutory guidance

Annex C: Designation of Employer Representative Bodies (ERBs)

Updated 18 November 2025

Applies to England

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This publication is available at https://www.gov.uk/government/publications/local-skills-improvement-plans/annex-c-designation-of-employer-representative-bodies-erbs

The Act gives the Secretary of State responsibility for designating an Employer Representative Body (ERB) to lead the development and review of a Local Skills Improvement Plan (LSIP) for a specified geographical area, and also the authority to remove that designation if necessary.

The criteria for designation are set out in the Act. When designating an eligible body[1] the Secretary of State must be satisfied that the body:

  • is capable of developing and keeping under review an LSIP in the area in an effective and impartial manner
  • is reasonably representative of the employers operating within the specified area
  • has consented in writing to being designated and to any terms and conditions of the designation

The Secretary of State must publish a notice of the designation on GOV.UK, including the name of the body being designated, the specified area, effective date and any terms and conditions. If the Secretary of State modifies any terms and conditions of the designation, the notice will be amended and republished.

In line with the English Devolution White Paper, Strategic Authorities will be involved in the process for designating a new ERB in areas where one is needed. Their comments will help inform the Secretary of State’s decision. The Secretary of State will not designate (without good reason) an Employer Representative Body unless the Strategic Authority was satisfied in the choice.

The Secretary of State may also remove the designation of an ERB and must publish a notice on gov.uk setting out the reasons for this. These are that the body no longer meets the requirements for designation. Specifically:  

  • it is no longer an eligible body
  • it fails to comply with a term or condition to which the designation is subject
  • it fails to have regard to relevant guidance published by the Secretary of State or departs from the guidance without good cause, or
  • the Secretary of State considers that removing the designation is otherwise necessary or expedient

Once designated, the ERB is accountable to the Secretary of State for the LSIP. It must have regard to the guidance issued by the Department, as set out in the terms and conditions of its designation.

The designated ERB is expected to operate with honesty, transparency, integrity and impartiality. To support this, it must publish and maintain:

  • a Conflicts of Interest Policy

  • a Register of Interests

If the designated ERB is also a training provider in the local area, to avoid any perceived or actual conflicts of interest, all training-related activities and other relevant interests must be clearly recorded in the Register of Interests.

Both the Conflicts of Interest Policy and the Register of Interests should be made publicly available on the ERB’s website.

[1] An eligible body is defined as a body corporate that is not a servant or agent of the Crown or a body to which the Secretary of State appoints members and is not a public authority. A public authority includes a court or tribunal or any person whose functions are functions of a public nature.

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