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Authorised training employer regulations

Authorised Training Employers must meet and comply with certain conditions before and during the training agreement.

Effective from 1st January, 2010. Authorised Training Employer regulations

1. An organisation shall be approved as an Authorised Training Employer only if and so long as:
2. The Qualified Person Responsible for Training nominated under regulation 1(a) shall:
3. The Committee shall:

Change in circumstances

4. The Qualified Person Responsible for Training shall notify the Learning and Professional Development department of ICAEW in writing of any material change in his Authorised Training Employer which may affect its ability to meet the Training Standards referred to in regulation 1(b).
5. An Authorised Training Employer shall notify the Learning and Professional Development department of ICAEW of the name of any person nominated as Qualified Person Responsible for Training or Deputy QPRT to replace the person previously nominated under regulation 1(a).
6. The Committee shall thereupon satisfy itself following notification of changes to an Authorised Training Employer that the Authorised Training Employer can continue to satisfy the requirements of regulation 1.
7.

Authorised Training Employers shall promptly notify ICAEW of the following occurrences and shall provide such relevant information as the Committee may require:

8. The Committee may vary or waive the requirements of regulations 1 and 2 in such circumstances as the Committee in its absolute discretion considers acceptable.
9 An Authorised Training Employer or member or provisional member based at an Authorised Training Employer, which or who has been the subject of an order under Disciplinary Bye-laws 16 or 22 or under the Insolvency Regulations, Audit Regulations or Designated Professional Body Handbook shall be referred to the Committee which shall decide whether or not to take further action under regulation 6.

Status of adverse decisions pending appeal

10. An adverse decision made under regulations 3 - 6 or 9, shall remain in abeyance until:
  • the period for giving notice of appeal under regulation 18 has expired; and
  • in the event that notice of appeal is given, until the Appeal Panel (and, if applicable, the Appeal Board) has communicated its decision in writing, to the appellant.

Training Agreement/Period of Approved Training

11. A training agreement which was in force immediately prior to the date on which these regulations took effect shall be deemed to be a training agreement or period of approved training as now defined in these regulations.
12. The training agreement shall contain mandatory clauses at the insistence of ICAEW which may not be altered or removed save with the consent of the Committee.
13. An Authorised Training Employer must advise the Learning and Professional Development department of ICAEW on any amendment to the non-mandatory clauses of a training agreement within 28 days of such amendment. Any alterations must meet the conditions as defined in these regulations.
14. A training agreement shall be executed on or before the date on which approved training is to commence.
15. ICAEW may at any time request a copy of the training agreement between the provisional member and the Authorised Training Employer and the Authorised Training Employer must provide such copy within 15 working days.
16. A provisional member based within the UK shall become a member of a Chartered Accountant Students' Society at the start of the training agreement and shall remain a member through approved training and until eligible for membership.
17. The training office specified in the training agreement may be changed with the consent of the provisional member concerned to another training office of the same Authorised Training Employer. The provisional member shall not unreasonably withhold consent to the change.
18. Subject to the provisions of regulations 21, 24 and 25:
19. A training agreement shall be cancelled in the following circumstances
  • by mutual agreement between the parties thereto; or
  • by one party giving written notice to the other in accordance with the relevant clause in the training agreement.
20. A training agreement shall be automatically cancelled:
21. No period at an Authorised Training Employer or other approved training environment in which the provisional member received less than 65 days Technical Work Experience shall count as approved training.
22. A provisional member whose previous training agreement was cancelled under regulation 19 or was automatically cancelled under regulation 20(a) shall normally be permitted to enter a further training agreement or period of approved training provided:

save that the Committee may waive this regulation in such circumstances as the Committee, in its absolute discretion, considers to be acceptable.

23. A provisional member whose previous training agreement or period of approved training was automatically cancelled under regulation 20(c) shall not be permitted to enter a further training agreement.
24. A provisional member who resumes approved training under regulation 22 shall, subject to regulation 25, complete a further period of approved training which, when combined with the provisional member's previous period(s) of approved training, shall satisfy the requirements of regulations 3, 4, and 8 of the ACA student regulations.
25. If there has been a period of more than two years in aggregate since the provisional member first commenced approved training in which:

the provisional member will be required to complete such additional period of approved training under a training agreement and with such Technical Work Experience as the Committee shall from time to time determine.

Powers of variation

26. Subject to compliance with the Companies Act 2006 and appropriate consultation with the Professional Oversight Board, the Committee shall have the power to vary or waive the above regulations.