Education Bill (HL Bill 108)

(4) A notice given to a recognised body under subsection (1) must contain
information as to—

(a) the amount required to be paid,

(b) how payment may be made,

(c) 5the period within which payment is required to be made (which
must not be less than 28 days),

(d) rights of appeal,

(e) the period within which an appeal may be made, and

(f) the consequences of non-payment.

(5) 10The body may require Ofqual to provide a detailed breakdown of the
amount specified in the notice.

152B Costs recovery: appeals

(1) A recognised body may appeal to the First-tier Tribunal against—

(a) a decision under section 152A(1) to require the body to pay
15costs;

(b) a decision as to the amount of those costs.

(2) An appeal under this section may be made on the grounds—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(c) 20that the decision was unreasonable.

(3) The requirement to pay the costs is suspended pending the
determination of an appeal under this section.

(4) On an appeal under this section the Tribunal may—

(a) withdraw the requirement to pay the costs;

(b) 25confirm that requirement;

(c) vary that requirement;

(d) take such steps as Ofqual could take in relation to the failure to
comply giving rise to the decision to impose the requirement;

(e) remit the decision whether to confirm the requirement to pay
30the costs, or any matter relating to that decision, to Ofqual.

152C Costs: interest and recovery

(1) This section applies if all or part of an amount of costs that a recognised
body is required to pay under section 152A(1) is unpaid at the end of
the period ending on the applicable date.

(2) 35The applicable date is—

(a) the last date on which the recognised body may make an appeal
under section 152B in respect of the costs, if no such appeal is
made;

(b) if an appeal under section 152B in respect of the costs is made—

(i) 40the date on which the appeal is determined, or

(ii) if the appeal is withdrawn before being determined, the
date on which the appeal is withdrawn.

(3) The unpaid amount of the costs for the time being carries interest at the
rate for the time being specified in section 17 of the Judgments Act 1838
45(and does not also carry interest as a judgment debt under that section).

(4) The total amount of interest imposed under subsection (3) must not
exceed the amount of the costs.

(5) Ofqual may recover from the body, as a civil debt due to it, the unpaid
amount of the costs and any unpaid interest.”

(6) 5In section 153 (qualifications regulatory framework), in subsection (8)(e), for
“152” substitute “152C”.

(7) In section 262(6) of ASCLA 2009 (orders and regulations subject to affirmative
resolution procedure), after paragraph (e) insert—

“(ea) an order under section 151B(2);”.

10Qualifications: Wales

24 Enforcement powers of Welsh Ministers

(1) Chapter 2 of Part 5 of EA 1997 (functions of Welsh Ministers: qualifications and
the school curriculum) is amended as set out in subsections (2) to (6).

(2) In section 32A (power to give directions), for subsections (1) and (2)
15substitute—

“(1) Subsection (1A) applies if it appears to the Welsh Ministers that a
recognised person has failed or is likely to fail to comply with a
condition subject to which the recognition has effect.

(1A) The Welsh Ministers may direct the recognised person to take or refrain
20from taking specified steps with a view to securing compliance with the
conditions subject to which the recognition has effect.

(2) Subsection (2A) applies if it appears to the Welsh Ministers that a
recognised person who awards or authenticates a qualification
accredited by them has failed or is likely to fail to comply with a
25condition subject to which the accreditation has effect.

(2A) The Welsh Ministers may direct the recognised person to take or refrain
from taking specified steps with a view to securing compliance with the
conditions subject to which the accreditation has effect.”

(3) In section 32A(5), for “32B and” substitute “32AA to”.

(4) 30After section 32A insert—

“32AA Power of Welsh Ministers to impose monetary penalties

(1) Subsection (2) applies if it appears to the Welsh Ministers that a
recognised person has failed to comply with a condition subject to
which the recognition has effect.

(2) 35The Welsh Ministers may impose a monetary penalty on the recognised
person.

(3) Subsection (4) applies if it appears to the Welsh Ministers that a
recognised person who awards or authenticates a qualification
accredited by them has failed to comply with a condition subject to
40which the accreditation has effect.

(4) The Welsh Ministers may impose a monetary penalty on the recognised
person.

(5) A “monetary penalty” is a requirement to pay to the Welsh Ministers a
penalty of an amount determined by them in accordance with section
532AB.

(6) Before imposing a monetary penalty on a recognised person, the Welsh
Ministers must give notice to the person of their intention to do so.

(7) The notice must—

(a) set out their reasons for proposing to impose the penalty, and

(b) 10specify the period during which, and the way in which, the
recognised person may make representations about the
proposal.

(8) The period specified under subsection (7)(b) must not be less than 28
days beginning with the date on which the notice is received.

(9) 15The Welsh Ministers must have regard to any representations made by
the recognised person during the period specified in the notice in
deciding whether to impose a monetary penalty on the person.

(10) If the Welsh Ministers decide to impose a monetary penalty on the
person, they must give the person a notice containing information as
20to—

(a) the grounds for imposing the penalty,

(b) how payment may be made,

(c) the period within which payment is required to be made (which
must not be less than 28 days),

(d) 25rights of appeal,

(e) the period within which an appeal may be made, and

(f) the consequences of non-payment.

32AB Monetary penalties: amount

(1) The amount of a monetary penalty imposed on a recognised person
30under section 32AA must not exceed 10% of the person’s turnover.

(2) The turnover of a person for the purposes of subsection (1) is to be
determined in accordance with an order made by the Welsh Ministers.

(3) Subject to subsection (1), the amount may be whatever the Welsh
Ministers decide is appropriate in all the circumstances of the case.

32AC 35Monetary penalties: appeals

(1) A recognised person may appeal to the First-tier Tribunal against—

(a) a decision to impose a monetary penalty on the person under
section 32AA;

(b) a decision as to the amount of the penalty.

(2) 40An appeal under this section may be made on the grounds—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(c) that the decision was unreasonable.

(3) The requirement to pay the penalty is suspended pending the
determination of an appeal under this section.

(4) On an appeal under this section the Tribunal may—

(a) withdraw the requirement to pay the penalty;

(b) 5confirm that requirement;

(c) vary that requirement;

(d) take such steps as the Welsh Ministers could take in relation to
the failure to comply giving rise to the decision to impose the
requirement;

(e) 10remit the decision whether to confirm the requirement to pay
the penalty, or any matter relating to that decision, to the Welsh
Ministers.

32AD Monetary penalties: interest and recovery

(1) This section applies if all or part of a monetary penalty imposed on a
15recognised person is unpaid at the end of the period ending on the
applicable date.

(2) The applicable date is—

(a) the last date on which the recognised person may make an
appeal under section 32AC in respect of the penalty, if no such
20appeal is made;

(b) if an appeal under section 32AC in respect of the penalty is
made—

(i) the date on which the appeal is determined, or

(ii) if the appeal is withdrawn before being determined, the
25date on which the appeal is withdrawn.

(3) The unpaid amount of the penalty for the time being carries interest at
the rate for the time being specified in section 17 of the Judgments Act
1838 (and does not also carry interest as a judgment debt under that
section).

(4) 30The total amount of interest imposed under subsection (3) must not
exceed the amount of the penalty.

(5) The Welsh Ministers may recover from the person, as a civil debt due
to them, the unpaid amount of the penalty and any unpaid interest.”

(5) In section 32B (power to withdraw recognition)—

(a) 35for subsection (2) substitute—

“(2) The Welsh Ministers may withdraw recognition from the
recognised person in respect of the award or authentication of—

(a) a specified qualification or description of qualification in
respect of which the person is recognised, or

(b) 40every qualification or description of qualification in
respect of which the person is recognised.”;

(b) for subsection (4) substitute—

“(4) The Welsh Ministers may withdraw recognition from the
recognised person in respect of the award or authentication of—

(a) the qualification or a specified description of
qualification in respect of which the person is
recognised, or

(b) every qualification or description of qualification in
5respect of which the person is recognised.”

(6) After section 32B insert—

“32BA Costs recovery

(1) The Welsh Ministers may, by notice, require a recognised person on
whom a sanction has been imposed to pay the costs incurred by the
10Welsh Ministers in relation to imposing the sanction, up to the time it
is imposed.

(2) The references in subsection (1) to imposing a sanction are to—

(a) giving a direction under section 32A;

(b) imposing a monetary penalty under section 32AA;

(c) 15withdrawing recognition under section 32B.

(3) “Costs” includes in particular—

(a) investigation costs;

(b) administration costs;

(c) costs of obtaining expert advice (including legal advice).

(4) 20A notice given to a recognised person under subsection (1) must
contain information as to—

(a) the amount required to be paid,

(b) how payment may be made,

(c) the period within which payment is required to be made (which
25must not be less than 28 days),

(d) rights of appeal,

(e) the period within which an appeal may be made, and

(f) the consequences of non-payment.

(5) The person may require the Welsh Ministers to provide a detailed
30breakdown of the amount specified in the notice.

32BB Costs recovery: appeals

(1) A recognised person may appeal to the First-tier Tribunal against—

(a) a decision under section 32BA(1) to require the person to pay
costs;

(b) 35a decision as to the amount of those costs.

(2) An appeal under this section may be made on the grounds—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(c) that the decision was unreasonable.

(3) 40The requirement to pay the costs is suspended pending the
determination of an appeal under this section.

(4) On an appeal under this section the Tribunal may—

(a) withdraw the requirement to pay the costs;

(b) confirm that requirement;

(c) vary that requirement;

(d) take such steps as the Welsh Ministers could take in relation to
the failure to comply giving rise to the decision to impose the
requirement;

(e) 5remit the decision whether to confirm the requirement to pay
the costs, or any matter relating to that decision, to the Welsh
Ministers.

32BC Costs: interest and recovery

(1) This section applies if all or part of an amount of costs that a recognised
10person is required to pay under section 32BA(1) is unpaid at the end of
the period ending on the applicable date.

(2) The applicable date is—

(a) the last date on which the recognised person may make an
appeal under section 32BB in respect of the costs, if no such
15appeal is made;

(b) if an appeal under section 32BB in respect of the costs is made—

(i) the date on which the appeal is determined, or

(ii) if the appeal is withdrawn before being determined, the
date on which the appeal is withdrawn.

(3) 20The unpaid amount of the costs for the time being carries interest at the
rate for the time being specified in section 17 of the Judgments Act 1838
(and does not also carry interest as a judgment debt under that section).

(4) The total amount of interest imposed under subsection (3) must not
exceed the amount of the costs.

(5) 25The Welsh Ministers may recover from the person, as a civil debt due
to them, the unpaid amount of the costs and any unpaid interest.”

(7) In section 54 of EA 1997 (orders and regulations)—

(a) in subsection (2), after “section” insert “32AB(2) or”;

(b) after subsection (2) insert—

“(2A) 30A statutory instrument which contains (whether alone or with
other provision) an order under section 32AB(2) may not be
made unless a draft of the instrument has been laid before, and
approved by a resolution of, the National Assembly for Wales.”

Abolition of the Qualifications and Curriculum Development Agency

25 35Abolition of the Qualifications and Curriculum Development Agency

Sections 175 to 191 of, and Schedule 11 to, ASCLA 2009 (the Qualifications and
Curriculum Development Agency) are repealed.

26 Abolition of the QCDA: consequential amendments

(1) Schedule 8 (abolition of the QCDA: consequential amendments) has effect.

(2) 40The Secretary of State may by order make changes in consequence of section 25
to any provision of subordinate legislation made before the date on which this
Act is passed.

(3) “Subordinate legislation” has the meaning given by section 21(1) of the
Interpretation Act 1978.

27 Abolition of the QCDA: transfer schemes

Schedule 9 (schemes for the transfer of staff, property, rights and liabilities
5from the QCDA to other persons) has effect.

Careers education and guidance

28 Education and training support services in England

(1) Part 2 of ESA 2008 (education and training support services in England) is
amended as set out in subsections (2) to (6).

(2) 10Section 69 (Secretary of State directions in relation to education and training
support services) is repealed.

(3) In consequence of subsection (2)—

(a) in section 68 (provision of support services by local authorities)—

(i) omit subsection (2);

(ii) 15in subsection (3), omit “and section 69”;

(iii) in subsection (4), omit paragraph (a) (and the “and” after it);

(b) in section 70(2) (local authorities: supplementary powers), omit “or 69”;

(c) in section 71(8) (provision of support on conditional basis), for “68(2)
and (4)” substitute “68(4)”.

(4) 20Section 73 (duty on schools and FE institutions to permit access by persons
involved in providing education and training support services) is repealed.

(5) In section 76A (supply of information obtained in connection with education
and training support services), omit subsection (5) (information not to be
disclosed in a way that reveals identity of individual to whom it relates).

(6) 25In consequence of the amendment made by subsection (2), omit section 255(2)
of ASCLA 2009.

29 Careers guidance in schools in England

(1) Part 7 of EA 1997 (careers education and guidance) is amended as set out in
subsections (2) to (8).

(2) 30Before section 43 insert—

“42A Provision of careers guidance in schools in England

(1) The responsible authorities for a school in England within subsection
(2) must secure that all registered pupils at the school are provided with
independent careers guidance during the relevant phase of their
35education.

(2) A school is within this subsection if it provides secondary education
and is one of the following—

(a) a community, foundation or voluntary school;

(b) a community or foundation special school (other than one
40established in a hospital);

(c) a pupil referral unit.

(3) The responsible authorities for a school within subsection (2) are—

(a) in the case of a school within subsection (2)(a) or (b), its
governing body;

(b) 5in the case of a pupil referral unit, the local authority that
maintain it.

(4) The responsible authorities must secure that careers guidance provided
under subsection (1)—

(a) is presented in an impartial manner,

(b) 10includes information on options available in respect of 16 to 18
education or training, including apprenticeships, and

(c) is guidance that the person giving it considers will promote the
best interests of the pupils to whom it is given.

(5) Careers guidance provided to pupils at a school is independent for the
15purposes of this section if it is provided other than by—

(a) a teacher employed or engaged at the school, or

(b) any other person employed at the school.

(6) For the purposes of this section the relevant phase of a pupil’s
education is the period—

(a) 20beginning at the same time as the school year in which the
majority of pupils in the pupil’s class attain the age of 14, and

(b) ending with the expiry of the school year in which the majority
of pupils in the pupil’s class attain the age of 16.

(7) In this section—

• 25“apprenticeship” includes employment and training leading to the
  issue of an apprenticeship certificate under section 3 or 4 of the
  Apprenticeships, Skills, Children and Learning Act 2009;

• “career” includes undertaking any training, education,
  employment or occupation;

• 30“careers guidance” means guidance about careers;

• “class”, in relation to a pupil, means—

  (a)

  the teaching group in which the pupil is regularly
  taught, or

  (b)

  if the pupil is taught in different groups for different
  35subjects, such one of those groups as is designated by
  the head teacher of the school or, in the case of a pupil at
  a pupil referral unit, by the teacher in charge of the unit;

• “16 to 18 education or training” means education or training
  suitable to the requirements of persons who have ceased to be
  40of compulsory school age but have not attained the age of 18;

• “training” includes a voluntary or other placement apt to enable
  the development of any skill or competency (whether or not
  taking place at a time when the person concerned is still a
  registered pupil at a school in England).”

(3) 45In section 43 (careers education in schools)—

(a) in subsection (1), after “school” insert “in Wales”;

(b) in subsection (2), omit paragraph (d) (but not the “and” after it);

(c) omit subsections (2A) and (2B);

(d) in subsection (3)—

(i) omit “(and, where applicable, subsection (2B))”;

(ii) omit paragraph (b) (but not the “and” after it);

(e) omit subsection (4);

(f) 5in subsection (6)—

(i) in the definition of “class”, for the words from “, in relation” to
the end substitute “has the same meaning as in section 42A;”;

(ii) omit the definitions of “16-18 education or training” and
“training”;

(g) 10in the heading, at the end insert “in Wales”.

(4) In section 44—

(a) in subsection (8)(a), for “listed in section 43(2)(a) to (d)” substitute “in
Wales listed in section 43(2)(a) and (c)”;

(b) in subsection (8)(b), after “institutions” insert “in Wales”;

(c) 15for subsection (9) substitute—

“(9) It is the duty of the each of the following to secure that
subsections (1), (4) and (6) are complied with—

(a) the governing body of the school or institution;

(b) its head teacher, principal or other head.”;

(d) 20in subsection (10)(a), after “a school” insert “in Wales”;

(e) in subsection (10)(b), after “an institution” insert “in Wales”;

(f) in the heading, after “institutions” insert “in Wales”.

(5) In section 45 (provision of careers information at schools and other
institutions)—

(a) 25in subsection (2)(a), for “listed in section 43(2)(a) to (d)” substitute “in
Wales listed in section 43(2)(a) and (c)”;

(b) in subsection (2), omit the words from “and, in the case” to the end;

(c) omit subsections (2A) and (2B);

(d) for subsection (3) substitute—

“(3) 30It is the duty of each of the following to secure that subsection
(1) is complied with—

(a) the governing body of the school or institution;

(b) its head teacher, principal or other head.”;

(e) in subsection (5), for ““careers education” and “16-18 education or
35training”” substitute “and “careers education””.

(6) In section 45A (guidance as to discharge of duties)—

(a) in subsection (1), for “43(2)(a), (c) or (e)” substitute “42A(2)”;

(b) in subsection (2), for “any of sections 43(3), 44(9) and 45(3)” substitute
“42A(1) or (4)”;

(c) 40in the heading, at the end insert “: schools in England”.

(7) In section 45B (provision of curriculum information), in the heading, at the end
insert “: Wales”.

(8) In section 46 (extension or modification of provisions of sections 43 to 45)—

(a) in subsection (1), for the words from “43” to “44(10)(a)(i)” substitute
45“42A, 43 or 44 by substituting for the period specified in section 42A(6),
43(5) or 44(10)(a)(i)”;

(b) after subsection (2) insert—

“(2A) The Secretary of State may by regulations make provision for
requiring—

(a) the governing bodies of institutions in England within
5the further education sector, and

(b) the principals or other heads of such institutions,

to secure that careers guidance is provided for any specified
description of persons attending such institutions.”;

(c) in subsection (3)(a), after “institutions” insert “in Wales”;

(d) 10in subsection (5), after the definition of “careers education” insert—

• ““careers guidance” has the same meaning as in section
  42A;”.

(9) In consequence of the amendments made by subsections (1) to (8), omit—

(a) paragraph 71 of Schedule 9 to LSA 2000;

(b) 15paragraph 8 of Schedule 7 to EA 2002;

(c) section 81(2) and (3) of ESA 2008;

(d) section 250 of ASCLA 2009.

Repeal of the diploma entitlement

30 Repeal of diploma entitlement for 16 to 18 year olds

(1) 20In section 45 of ASCLA 2009 (local authority duties in relation to the core and
additional entitlements), the provisions to be inserted into EA 1996 are
amended as set out in subsections (2) to (6).

(2) In the italic cross-heading above section 17A, for “core and additional
entitlements” substitute “core entitlement”.

(3) 25In section 17A (duties in relation to the core and additional entitlements)—

(a) in subsection (1), for “core entitlement and the additional entitlement
are” substitute “core entitlement is”;

(b) omit subsections (2) to (5);

(c) in subsection (7), omit the definitions of “additional entitlement area”
30and “the additional entitlement”;

(d) omit subsection (8);

(e) in subsection (9)—

(i) for “references in subsections (1) and (2)” substitute “reference
in subsection (1)”;

(ii) 35for “do” substitute “does”;

(f) in the heading, for “core and additional entitlements” substitute “core
entitlement”.

(4) Omit section 17B (election for either core entitlement or additional
entitlement).

(5) 40In section 17C (the core entitlement)—

(a) before subsection (1) insert—

“(A1) A person over compulsory school age but under 19 has the core
entitlement.”;