A new offence under the Enterprise Act 2016 (s25) is effective from 1 April 2017. The new offence occurs where, in the course of a business, a course or training contract is described as an apprenticeship when it is not a statutory apprenticeship.
The company will be liable where the advertisement is made with the knowledge or neglect of an officer of the company.
The intention behind the legislation is to protect the term “apprenticeship” from misuse, and to prevent damage to the scheme’s reputation from course providers that do not meet the statutory requirements.
Enforcement action would be taken by the Secretary of State or local authority and maximum penalty on conviction is a fine.