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Authorised Training Employer Regulations

Regulations

Effective: 01 Jan 2010

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Authorised Training Employers must meet and comply with certain conditions before and during the training agreement.
  1. An organisation shall be approved as an Authorised Training Employer only if and so long as:
    1. Qualified Person Responsible for Training who satisfies the requirements of regulation 2;
    2. it initially and periodically thereafter satisfies the Committee that it can meet the conditions and expectations of the Training Standards and such other conditions as the Committee may from time-to-time determine;
    3. it pays to ICAEW the Annual Student Fee and such other fees as the Committee may from time-to-time set; and
    4. the Committee may at its discretion waive the requirement for the Authorised Training Employer to pay the Annual Student Fee where the provisional member has agreed to pay the Annual Student Fee or/and such other fees as the Committee may from time-to-time set.
  2. The Qualified Person Responsible for Training nominated under regulation 1(a) shall:
    1. be a member of at least two years' standing of a body agreed by the Committee to be a nationally recognised professional accountancy body;
    2. hold an appropriate managerial position within the Authorised Training Employer;
    3. comply with the conditions and expectations set by the Training Standards
    4. have access to an 'QPRT Advisor' if not an ICAEW member.
  3. The Committee shall:
    1. give or withhold authority to employers applying to become or to remain Authorised Training Employers;
    2. determine the maximum number of provisional members that may be based at an Authorised Training Employer at any one time; and
    3. impose such conditions, restrictions or barriers on authorisation as the Committee in its absolute discretion considers necessary

Change in circumstances

  1. The Qualified Person Responsible for Training shall notify the Learning and Professional Development department of ICAEW in writing of any material change in their Authorised Training Employer which may affect its ability to meet the Training Standards referred to in regulation 1(b).
  2. 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).
  3. 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.
  4. Authorised Training Employers shall promptly notify ICAEW of the following occurrences and shall provide such relevant information as the Committee may require:
    1. an extension to the period of approved training pursuant to regulation 14 of the ACA Student Regulations;
    2. a change to the provisional member's training office within the Authorised Training Employer pursuant to regulation 17;
    3. the cancellation of the provisional member's training agreement or period of approved training pursuant to regulations 18 or 19(a); and
    4. the start and end dates of any period of suspension.
  5. 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.
  6. 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

  1. An adverse decision made under regulations 3 - 6 or 9, shall remain in abeyance until:
    1. the period for giving notice of appeal under the Rights of appeal against decisions of LPD Board Regulations has expired; and
    2. 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

  1. 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.
  2. 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.
  3. 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.
  4. A training agreement shall be executed on or before the date on which approved training is to commence.
  5. 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.
  6. 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.
  7. 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.
  8. Subject to the provisions of regulations 21, 24 and 25:
    1. a training agreement shall be suspended if an order to that effect is made by the Disciplinary Committee under Disciplinary Bye-law 22 (7) (b) or (c);
    2. a training agreement shall be suspended due to the provisional member's absence (which shall otherwise count as approved training under regulation 12 of the ACA Student Regulations) because of:
      1. maternity leave;
      2. prolonged illness (with reference to regulation 12 of the ACA Student Regulations, typically more than four consecutive weeks), in which case the Committee may deem the suspension to have commenced from the onset of such illness;
      3. any other circumstances that the Committee in its absolute discretion considers acceptable.
    3. a training agreement which commenced during the placement of a provisional member undertaking a sandwich course shall be deemed to be suspended from the date on which such placement or placements end until the date of the provisional member's resumption of approved training following the completion of that course.
  9. A training agreement shall be cancelled in the following circumstances
    1. by mutual agreement between the parties thereto; or
    2. by one party giving written notice to the other in accordance with the relevant clause in the training agreement.
  10. A training agreement shall be automatically cancelled:
    1. when the employment by the Authorised Training Employer of the provisional member named in the training agreement is ended in circumstances where continuity of employment is not preserved under current legislation; or
    2. with effect from a date which shall be determined by the Committee, if the Authorised Training Employer ceases to be authorised under regulation 1; or
    3. if the provisional member is declared unfit to become a member by the Disciplinary Committee under Disciplinary Bye-law 22 (7) (a).
  11. No period at an Authorised Training Employer or other approved training environment in which the provisional member received fewer than 65 days practical work experience shall count as approved training.
  12. 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:
    1. the provisional member's suitability to resume approved training has previously been confirmed to the Committee by the student's last Authorised Training Employer; and
    2. the provisional member is eligible to sit ICAEW examinations or has passed such examinations

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

  13. 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.
  14. 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.
  15. If there has been a period of more than two years in aggregate since the provisional member first commenced approved training in which:
    1. the current training agreement was suspended; or
    2. the provisional member was not receiving approved training due to the suspension and/or cancellation of a previous training agreement or period of approved training
    the provisional member will be required to complete such additional period of approved training under a training agreement and with such practical work experience as the Committee shall from time to time determine.

Powers of variation

  1. Subject to compliance with the Companies Act 2006 and appropriate consultation with the Financial Reporting Council, the Committee shall have the power to vary or waive the above regulations.

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  • Update History
    13 Mar 2011 (12: 00 AM GMT)
    Page published
    01 Jan 2010 (12: 00 AM GMT)
    This version effective
    31 Jul 2024 (12: 00 AM BST)
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