Guidance

Removal from the apprenticeship provider and assessment register: guidance for providers

Published 1 August 2023

Applies to England

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Apprenticeship providers must be on the apprenticeship provider and assessment register (APAR) to be eligible to receive government funding to train apprentices.

The Department for Education (DfE) may take action if an apprenticeship provider:

  • does not apply to the APAR by their deadline
  • breaches an APAR condition of acceptance
  • applies to join the APAR but does not meet our requirements

These actions include:

  • removing a provider from the APAR
  • ending a funding agreement
  • stopping a provider from taking on new apprentices

Providers who do not apply to the register by their deadline

DfE will contact existing providers who do not make a re-application to the APAR by their deadline. We will formally give them 10 working days to confirm whether:

  • they plan to apply
  • they are withdrawing from delivering apprenticeship training

If a provider confirms they wish to make an application, we may give a new deadline.

DfE will act as set out in the consequences section of this guidance if a provider:

  • confirms that they are withdrawing from delivering apprenticeship training, or
  • does not submit an application by the new deadline, or
  • does not respond to DfE

Providers who breach an APAR condition of acceptance

All apprenticeship training providers who are currently on the APAR must follow the conditions of acceptance.

DfE may terminate agreements with providers who do not comply with any of the conditions. These providers will be removed from the APAR.

Providers who apply but do not meet DfE requirements

If the provider does not meet our requirements, DfE will formally notify them that their application was unsuccessful.

The provider has the right to make an appeal within 10 working days of receiving the notification.

When we receive an appeal, we aim to review it and respond within 15 working days.

If the appeal is successful, we will add the provider to the APAR.

If the appeal is unsuccessful or the provider decides not to make an appeal, DfE will act as set out in the consequences section of this guidance.

Consequences and removal from the register

Where necessary, DfE will write to the provider advising that they are being given 10 working days’ notice of their removal from the APAR.

If the provider is operating as a subcontractor, DfE will inform them that they must:

  • not take on any other apprentices
  • work with their lead provider to support the transfer of apprentices to other providers chosen by the lead provider, consulting the affected employers and apprentices

We will notify lead providers that a subcontractor has been removed from the APAR.

If a provider has a levy agreement or a non-levy agreement, we will usually give 3 months’ notice to terminate this.

The provider will not be able to take on any new apprentices during this termination period.

DfE will engage with the provider after issuing a notice of termination to make sure the process protects the interests of apprentices and employers.

DfE will terminate agreements immediately if there are no apprentices in learning.

Exceptional circumstances

In exceptional circumstances and only in instances where a provider is actively delivering apprenticeships, DfE may either:

  • terminate agreements at more or less than three months’ notice , or
  • suspend starts instead of terminating the agreement

These exceptional circumstances include but are not limited to:

  • existing apprentices’ planned end dates are so soon that moving them to alternative provision would cause them significant disadvantage
  • the provider’s apprenticeship programme is so large or complex that it would require more time to transfer apprentices to other suitable providers
  • a suitable alternative provider is not available because the provision or location are unusual

Where DfE considers that exceptional circumstances exist, we will write to the provider to inform them of our decision and the reasons for it.

Providers who want to get on to the APAR after being removed

Providers can only apply to join the APAR once in a 12-month period after being removed under this policy. This is subject to the APAR’s entry criteria.

Providers who are accepted onto the APAR after being removed

A provider who has been removed from the APAR and is later successful with an application will appear on the APAR.

They will sign a new apprenticeship agreement for training providers for the provision of levy-funded apprenticeship training if:

  • their previous agreement was terminated
  • they have applied to be a main or employer provider

They will be able to operate as a subcontractor, as permitted under our apprenticeship funding rules.

Reinstatement of non-levy funded contracts

DfE will not reinstate any non-levy funded contracts which were terminated due to removal from the APAR.

If the provider wishes to deliver non-levy funded provision, they will need to enter into any necessary subcontracts with an existing contract holder.

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