Education Bill (HL Bill 108)

Section 21

SCHEDULE 7 The Chief Regulator of Qualifications and Examinations

Amendments to Schedule 9 to ASCLA 2009

1 Schedule 9 to ASCLA 2009 (the Office of Qualifications and Examinations
5Regulation) is amended as follows.

2 (1) Paragraph 2 (membership) is amended as follows.

(2) In sub-paragraph (1)—

(a) before paragraph (a), insert—

“(za) a member appointed by Her Majesty by Order in
10Council as the chief executive of Ofqual,”;

(b) in paragraph (a), for “Her Majesty by Order in Council to chair
Ofqual,” substitute “the Secretary of State to chair Ofqual (“the
chair”), and”;

(c) omit paragraph (c) and the “and” immediately before it.

(3) 15In sub-paragraph (2), for “to chair” substitute “as the chief executive of”;

(4) In sub-paragraphs (3) to (6), for “Chief Regulator”, wherever occurring,
substitute “chair”.

3 (1) Paragraph 3 (the Chief Regulator) is amended as follows.

(2) In sub-paragraph (6), for “Chief Regulator” substitute “the chief executive of
20Ofqual (whether before or after the relevant commencement date)”.

(3) After sub-paragraph (6) insert—

“(7) The relevant commencement date” means the date on which
Schedule 7 to the Education Act 2011 comes fully into force.”

4 After paragraph 3 insert—

25“The chair

3A (1) The chair holds and vacates office in accordance with the terms of
the appointment.

(2) Those terms are to be determined by the Secretary of State, subject
to the following provisions of this Schedule.

(3) 30The chair must not be appointed for a term of more than 5 years.

(4) The chair may resign from office at any time by giving written
notice to the Secretary of State.

(5) The Secretary of State may remove the chair from office on either
of the following grounds—

(a) 35inability or unfitness to carry out the duties of the office;

(b) absence from Ofqual’s meetings for a continuous period of
more than 6 months without Ofqual’s permission.

(6) The previous appointment of a person to chair Ofqual (whether
before or after the relevant commencement date) does not affect
40the person’s eligibility for re-appointment.

(7) “The relevant commencement date” means the date on which
Schedule 7 to the Education Act 2011 comes fully into force.”

5 In paragraph 4 (the deputy and other ordinary members: tenure), in sub-
paragraphs (7) to (11), for “Chief Regulator”, wherever occurring, substitute
5“chair”.

6 In the heading before paragraph 5, for “Chief Regulator and ordinary members”
substitute “members”.

7 (1) Paragraph 5 (remuneration of members of Ofqual) is amended as follows.

(2) In sub-paragraph (1), for “Chief Regulator and any of the ordinary
10members” substitute “members of Ofqual”.

(3) In sub-paragraph (2), for “current or former Chief Regulator or” substitute
“person who is or has been the chair or an”.

(4) In sub-paragraph (3), for “Chief Regulator or an ordinary member”
substitute “a member of Ofqual”.

(5) 15In sub-paragraph (4), for “this paragraph” substitute “sub-paragraph (1), (2)
or (3)”.

(6) After sub-paragraph (4) insert—

“(5) Service as the Chief Regulator is one of the kinds of service to
which a scheme under section 1 of the Superannuation Act 1972
20(superannuation schemes as respects civil servants etc) can apply.

(6) Ofqual must pay to the Minister for the Civil Service, at such times
as the Minister may direct, such sums as the Minister may
determine in respect of any increase attributable to sub-paragraph
(5) in the sums payable out of money provided by Parliament
25under the Superannuation Act 1972.”

8 For the heading before paragraph 6 substitute “Staff”.

9 (1) Paragraph 6 (staff of Ofqual) is amended as follows.

(2) Omit sub-paragraphs (1) to (3).

(3) In sub-paragraphs (4) and (5)(a), omit “other”.

30Consequential amendments

10 In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc,
referred to in section 1 of that Act), under the heading “Offices” at the
appropriate place insert “The Chief Regulator of Qualifications and
Examinations.”

11 35In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(other disqualifying offices), after “The Chief Regulator of Qualifications
and Examinations” insert “, the chair of the Office of Qualifications and
Examinations Regulation”.

12 In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
40Act 1975 (other disqualifying offices), after “The Chief Regulator of
Qualifications and Examinations” insert “, the chair of the Office of
Qualifications and Examinations Regulation”.

Section 26

SCHEDULE 8 Abolition of the QCDA: consequential amendments

Public Records Act 1958 (c. 51)Public Records Act 1958 (c. 51)

1 In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the
5Table (definition of public records: other establishments and organisations)
omit “Qualifications and Curriculum Development Agency.”

Parliamentary Commissioner Act 1967 (c. 13)Parliamentary Commissioner Act 1967 (c. 13)

2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation) omit “Qualifications and Curriculum Development
10Agency.”

Superannuation Act 1972 (c. 11)Superannuation Act 1972 (c. 11)

3 In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc,
referred to in section 1 of that Act) omit “The Qualifications and Curriculum
Development Agency.”

15House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

4 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(other disqualifying offices) omit the entry relating to members of the
Qualifications and Curriculum Development Agency in receipt of
remuneration.

20EA 1996

5 EA 1996 is amended as follows.

6 In section 391 (functions of religious education advisory councils) for
subsection (10) substitute—

“(10) A council for an area in Wales must send a copy of each report
25published by them under subsection (6) to the Welsh Ministers.”

7 In section 408(1)(a) (provision of information relevant for particular
purposes) for “Parts 7 and 8” substitute “Part 7”.

EA 1997

8 Section 35 of EA 1997 (transfer of staff to QCDA) is repealed.

30LSA 2000

9 In section 98 of LSA 2000 (approved qualifications: England), in subsections
(7) and (8), omit “the Qualifications and Curriculum Development Agency
or”.

Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

10 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general) omit “The Qualifications and Curriculum
Development Agency.”

5EA 2002

11 EA 2002 is amended as follows.

12 In section 85(9) (curriculum requirements for the fourth key stage: duty to
have regard to guidance) for “Qualifications and Curriculum Development
Agency” substitute “Secretary of State”.

13 10In section 87(7) (establishment of the National Curriculum for England by
order: persons on whom assessment arrangements order may confer or
impose functions) omit paragraph (c) (but not the “and” immediately after
it).

14 (1) Section 90 (development work and experiments) is amended as follows.

(2) 15In subsection (3)—

(a) after paragraph (a) insert “or”;

(b) omit paragraph (c) (and the “or” immediately before it).

(3) In subsection (4) omit the words after “by the governing body”.

(4) In subsection (5), for paragraph (b) substitute—

“(b) 20a person designated for the purposes of this subsection by the
Secretary of State.”

(5) In subsection (5A) for “the reviewing body” substitute “a person designated
for the purposes of this subsection by the Secretary of State”.

(6) Omit subsection (5B).

(7) 25In subsection (5C) for “subsection (5B)” substitute “subsection (5)(b) or
(5A)”.

15 For section 96 substitute—

“96 Procedure for making certain orders and regulations

(1) This section applies where the Secretary of State proposes to make—

(a) 30an order under section 82(4), 84(6) or 87(3)(a) or (b), or

(b) regulations under section 91.

(2) The Secretary of State must give notice of the proposal to such of the
following as appear to the Secretary of State to be concerned with the
proposal—

(a) 35associations of local authorities,

(b) bodies representing the interests of school governing bodies,
and

(c) organisations representing school teachers.

(3) The Secretary of State must also give notice of the proposal to any
40other persons with whom consultation appears to the Secretary of
State to be desirable.

(4) The Secretary of State must give the bodies and other persons
mentioned in subsections (2) and (3) a reasonable opportunity of
submitting evidence and representations as to the issues arising from
the proposal.

(5) 5After considering any evidence and representations submitted in
pursuance of subsection (4), the Secretary of State must publish, in
such manner as, in the Secretary of State’s opinion, is likely to bring
them to the notice of persons with a special interest in education—

(a) a draft of the proposed order or regulations and any
10associated document, and

(b) a summary of the views expressed during the consultation.

(6) The Secretary of State must allow a period of at least one month
beginning with the publication of the draft of the proposed order or
regulations for the submission of any further evidence and
15representations as to the issues arising.

(7) When the period allowed has expired, the Secretary of State may
make the order or regulations, with or without modifications.”

Childcare Act 2006 (c. 21)Childcare Act 2006 (c. 21)

16 The Childcare Act 2006 is amended as follows.

17 20In section 42(2) (persons on whom order specifying assessment
arrangements may confer or impose functions) omit paragraph (d) (but not
the “and” immediately after it).

18 (1) Section 46 (power to enable exemptions from learning and development
requirements to be conferred) is amended as follows.

(2) 25In subsection (1B) for “the reviewing body” substitute “a person designated
by the Secretary of State for the purposes of this subsection”.

(3) Omit subsection (1C).

(4) In subsection (1D) for “subsection (1C)” substitute “subsection (1B)”.

EIA 2006

19 30EIA 2006 is amended as follows.

20 In section 74(1) (curriculum requirements for the fourth key stage)—

(a) in the new section 85 to be inserted into EA 2002, in subsection (6) for
“Qualifications and Curriculum Authority” substitute “Secretary of
State”;

(b) 35in the new section 85A to be inserted into that Act, in subsection (5)
omit “or the Qualifications and Curriculum Authority”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)Safeguarding Vulnerable Groups Act 2006 (c. 47)

21 In section 21(10) of the Safeguarding Vulnerable Groups Act 2006
(controlled activity relating to children) omit paragraph (d).

ASCLA 2009

22 ASCLA 2009 is amended as follows.

23 In section 129(4) (persons who provide information to which Ofqual
required to have regard) omit paragraph (a).

24 5Section 173 and Schedule 10 (QCDA staff and property transfer schemes) are
repealed.

25 In paragraph 8 of Schedule 5 (learning aims for persons aged 19 or over:
persons who provide advice or information to which Secretary of State may
have regard) omit paragraph (b) (but not the “or” immediately after it).

26 10In consequence of the amendments made by the other provisions of this
Schedule, in Schedule 12 (Ofqual and the QCDA: minor and consequential
amendments), omit the following provisions: paragraphs 1, 2(3), 3, 4, 5(2), 7,
10, 20, 30, 33, 34, 36(2), 37 and 43.

Section 27

SCHEDULE 9 15Abolition of the QCDA: transfer schemes

Staff transfer schemes

1 (1) The Secretary of State may make a scheme (a “staff transfer scheme”)
providing—

(a) for a designated employee of the QCDA to become a member of staff
20of Ofqual or the Secretary of State (“the Crown employer”) (and
accordingly to become employed in the civil service of the state);

(b) so far as may be consistent with employment in the civil service of
the state, for the terms and conditions of the employee’s employment
with the QCDA to have effect as if they were the conditions of service
25as a member of the Crown employer’s staff;

(c) for the transfer to the Crown employer of the rights, powers, duties
and liabilities of the QCDA under or in connection with the
employee’s contract of employment;

(d) for anything done (or having effect as if done) before that transfer by
30or in relation to the QCDA in respect of such a contract or the
employee to be treated as having been done by or in relation to the
Crown employer.

(2) A staff transfer scheme may provide for a period before the employee
became a member of the Crown employer’s staff to count as a period during
35which the employee was a member of the Crown employer’s staff (and for
the operation of the scheme not to be treated as having interrupted the
continuity of that period).

(3) A staff transfer scheme may provide for the employee not to become a
member of the Crown employer’s staff if the employee gives notice objecting
40to the operation of the scheme in relation to the employee.

(4) A staff transfer scheme may provide for a person who would be treated (by
an enactment or otherwise) as being dismissed by the operation of the
scheme not to be so treated.

(5) A staff transfer scheme may provide for an employee of the QCDA to
become a member of the Crown employer’s staff despite any provision, of
whatever nature, which would otherwise prevent the person from being
employed in the civil service of the state.

5Property transfer schemes

2 (1) The Secretary of State may make a scheme (a “property transfer scheme”)
providing for the transfer from the QCDA of designated property, rights or
liabilities of the QCDA to Ofqual or the Secretary of State.

(2) A property transfer scheme may—

(a) 10create rights, or impose liabilities, in relation to property or rights
transferred by virtue of the scheme;

(b) provide for anything done by or in relation to the QCDA in
connection with any property, rights or liabilities transferred by the
scheme to be treated as done, or to be continued, by or in relation to
15the person to whom the property, rights or liabilities in question are
transferred;

(c) apportion property, rights and liabilities;

(d) make provision about the continuation of legal proceedings.

(3) The things that may be transferred by a property transfer scheme include—

(a) 20property, rights and liabilities that could not otherwise be
transferred;

(b) property acquired, and rights and liabilities arising, after the making
of the scheme.

Continuity

3 25A transfer by virtue of a staff transfer scheme or a property transfer scheme
does not affect the validity of anything done by or in relation to the QCDA
before the transfer takes effect.

Supplementary provision etc.

4 A staff transfer scheme or a property transfer scheme may include
30supplementary, incidental, transitional and consequential provision.

Interpretation

5 In this Schedule—

• “designated”, in relation to a staff transfer scheme or a property transfer
  scheme, means specified in, or determined in accordance with, the
  35scheme;

• “Ofqual” means the Office of Qualifications and Examinations
  Regulation;

• “the QCDA” means the Qualifications and Curriculum Development
  Agency.

Section 34

SCHEDULE 10 School admissions: consequential amendments

Amendments consequential on the amendments to section 85A (admission forums)

1 (1) Part 3 of SSFA 1998 (school admissions) is amended as follows.

(2) 5Section 85B (functions of admission forums in relation to Academies) is
repealed.

(3) In section 88F (sections 88C to 88E: supplementary), in subsection (3), omit
paragraph (f) (but not the “and” following it).

(4) In section 88Q (reports under section 88P: provision of information), in
10subsection (2), omit paragraph (b).

2 In EA 2002, section 66 (insertion of section 85B of SSFA 1998: admissions
forums in relation to Academies) is repealed.

3 In EIA 2006, in section 41 (role of admissions forums), omit subsections (1)
to (6) (amendments to section 85A of SSFA 1998).

15Amendments consequential on the repeal of section 88J of SSFA 1998 (school adjudicators)

4 (1) Part 3 of SSFA 1998 (school admissions) is amended as follows.

(2) In section 88K (sections 88H to 88J: supplementary)—

(a) in subsection (1)—

(i) at the end of paragraph (a), insert “or”;

(ii) 20omit paragraph (c) (and the “or” preceding it);

(b) for subsection (3), substitute—

“(3) Where the adjudicator makes a decision mentioned in
subsection (1), the adjudicator must publish a report
containing—

(a) 25the adjudicator’s decision on the objection or (as the
case may be) on whether the admission arrangements
conform with the requirements relating to admission
arrangements, and

(b) the reasons for that decision.”;

(c) 30in subsection (4)(a)(ii), for “to 88J” substitute “, 88I”;

(d) in subsection (5), for “sections 88I and 88J” substitute “section 88I”;

(e) in the heading, for “to 88J” substitute “and 88I”.

(3) Section 88L (restriction on alteration of admission arrangements following
adjudicator’s decision) is repealed.

Section 37

SCHEDULE 11 Establishment of new schools

Amendments of Part 2 of EIA 2006

1 Part 2 of EIA 2006 (establishment, discontinuance and alteration of schools)
5is amended as follows.

2 Before section 7 insert—

“6A Requirement to seek proposals for establishment of new Academies

(1) If a local authority in England think a new school needs to be
established in their area, they must seek proposals for the
10establishment of an Academy.

(2) The local authority must specify a date by which any proposals
sought under subsection (1) must be submitted to them.

(3) After the specified date, the local authority must notify the Secretary
of State—

(a) 15of the steps they have taken to seek proposals for the
establishment of an Academy, and

(b) of any proposals submitted to them as a result before the
specified date, or of the fact that no such proposals have been
submitted to them before that date.

(4) 20A notification under subsection (3) must—

(a) identify a possible site for the Academy, and

(b) specify such matters as may be prescribed.”

3 In section 7 (invitation for proposals for establishment of new schools)—

(a) in subsection (1), after “may” insert “with the consent of the Secretary
25of State”;

(b) in subsection (5), omit paragraph (b) and the “and” immediately
before it;

(c) omit subsection (5A);

(d) in subsection (6), insert “and” at the end of paragraph (a) and omit
30paragraph (c) and the “and” immediately before it.

4 After section 7 insert—

“7A Withdrawal of notices under section 7

(1) This section applies where a local authority have published a notice
under section 7.

(2) 35At any time before the date specified in the notice—

(a) the local authority may withdraw it, with the consent of the
Secretary of State, or

(b) the Secretary of State may direct the local authority to
withdraw it.”

5 40Section 8 (proposals under section 7 relating to community or community
special schools) is repealed.

6 (1) Section 10 (publication of proposals with consent of Secretary of State) is
amended as follows.

(2) In subsection (1), for the words from “(otherwise” to the end substitute “a
new community, community special, foundation or foundation special
5school, which—

“(a) is not to be one providing education suitable only to the
requirements of persons above compulsory school age, and

(b) is to replace one or more maintained schools, except where
section 11(A2) applies or in a case within section 11(A3).”

(3) 10In subsection (2)—

(a) after “voluntary” insert “controlled”;

(b) in paragraph (b), for “(2)(b) or (c)” substitute “(2)”.

7 (1) Section 11 (publication of proposals to establish maintained schools: special
cases) is amended as follows.

(2) 15Before subsection (1) insert—

“(A1) Subsection (A2) applies where a local authority in England publish a
notice under section 7 (notice inviting proposals for establishment of
new schools), and—

(a) no proposals are made pursuant to the notice, or

(b) 20proposals are made pursuant to the notice but none of the
proposals are approved under Schedule 2 or result in
Academy arrangements being entered into.

(A2) The local authority may publish under this section proposals of their
own to establish a new community, community special, foundation
25or foundation special school, which is not to be one providing
education suitable only to the requirements of persons above
compulsory school age.

(A3) Where a local authority in England propose to establish a new
community, community special, foundation or foundation special
30school, which—

(a) is to be a primary school, and

(b) is to replace a maintained infant school and a maintained
junior school,

the authority must publish their proposals under this section.”

(3) 35After subsection (1) insert—

“(1A) Where any persons (“proposers”) propose to establish a new
voluntary aided school in England, they may publish their proposals
under this section.”

(4) In subsection (2)—

(a) 40after “voluntary” insert “controlled”;

(b) before paragraph (b) insert—

“(aa) is to replace one or more foundation or voluntary
schools which have a religious character,”.