sec.28Procedure for deciding application if application only by apprentice or trainee and proposed new employer

sec.28 Procedure for deciding application if application only by apprentice or trainee and proposed new employer

This section applies if an application for the permanent transfer of a registered training contract is made under section 26 only by the apprentice or trainee and the proposed new employer. The chief executive must give the current employer notice of the application stating that the employer may object in writing to the transfer within 14 days of receiving the notice. The chief executive must decide the application within 28 days of receiving it. In deciding the application the chief executive— must have regard to any objection received from the current employer; and may grant the application only if satisfied the criteria mentioned in section 17 (5) (c) to (g) are satisfied. For subsection (4) (b) , section 17 (5) (c) to (g) applies with any necessary modifications and as if a reference to registration of the contract were a reference to approval of the application. If the chief executive approves the application, the chief executive must advise each of the applicants and the current employer— that the transfer has been approved; and of the date on which the transfer takes effect. If the chief executive refuses the application, the chief executive must— advise the current employer of the decision; and give each of the applicants written notice of the decision, including the reasons for the decision. In this section— current employer means the employer who is a party to the registered training contract. (sec.28-ssec.1) This section applies if an application for the permanent transfer of a registered training contract is made under section 26 only by the apprentice or trainee and the proposed new employer. (sec.28-ssec.2) The chief executive must give the current employer notice of the application stating that the employer may object in writing to the transfer within 14 days of receiving the notice. (sec.28-ssec.3) The chief executive must decide the application within 28 days of receiving it. (sec.28-ssec.4) In deciding the application the chief executive— must have regard to any objection received from the current employer; and may grant the application only if satisfied the criteria mentioned in section 17 (5) (c) to (g) are satisfied. (sec.28-ssec.5) For subsection (4) (b) , section 17 (5) (c) to (g) applies with any necessary modifications and as if a reference to registration of the contract were a reference to approval of the application. (sec.28-ssec.6) If the chief executive approves the application, the chief executive must advise each of the applicants and the current employer— that the transfer has been approved; and of the date on which the transfer takes effect. (sec.28-ssec.7) If the chief executive refuses the application, the chief executive must— advise the current employer of the decision; and give each of the applicants written notice of the decision, including the reasons for the decision. (sec.28-ssec.8) In this section— current employer means the employer who is a party to the registered training contract.