Apprenticeship and Traineeship Act 2001

If, in determining a complaint against an employer under section 39 (1) or (2), the Commissioner is of the opinion that it is appropriate to do so in the public interest, the Commissioner—

may make an order declaring the employer to be a prohibited employer (a prohibition order), and

if the Commissioner does so, may make a further order authorising the transfer to other employers of all or specified apprenticeships and traineeships to which the employer is party (including any apprentice or trainee involved in the proceedings on the complaint).

A prohibition order may be unlimited or limited as to particular circumstances specified in the order.

A prohibition order may not be made unless the Commissioner—

has given notice to the employer of the Commissioner’s intention to make such an order, and

has given the employer at least 21 days within which to make submissions to the Commissioner with respect to the proposed order, and

has taken any such submissions into consideration.

The Commissioner may vary a prohibition order by notice in writing to the employer.

For the purposes of section 20 (4) (b), consent to the transfer of an apprentice or trainee to a new employer is not required from an existing employer the subject of an order referred to in subsection (1) (b).

A prohibited employer must not employ an apprentice or trainee (including under a host employment arrangement) contrary to a prohibition order.