Education and Skills Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Education and Skills Bill

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 2 — Miscellaneous
76

(3)
Omit subsection (4) (which renders an approval given by a designated body
ineffective unless the Welsh Ministers consent to the approval).
137
Functions of Qualifications and Curriculum Authority in England and
Northern Ireland
(1)
The Education Act 1997 (c. 44) has effect subject to the following amendments.
5
(2)
Section 24 (functions of QCA in relation to external vocational and academic
qualifications) is amended as follows.
(3)
In subsection (2)—
(a)
for paragraph (f) substitute—
“(ea)
to develop and publish criteria for the recognition of
10
persons who, as outside persons, award or authenticate
such qualifications or credits in respect of components
of such qualifications;
(eb)
to recognise, where they meet such criteria, any such
persons who apply to be recognised;
15
(f)
to develop and publish criteria for the accreditation of
such qualifications where they are awarded or
authenticated by persons recognised under paragraph
(eb);”; and
(b)
after paragraph (g) insert—
20
“(ga)
to develop and publish rules and procedures for dealing
with the effect on the continued accreditation of such
qualifications where any person awarding or
authenticating them ceases to be recognised;”.
(4)
In subsection (4), for “(g)” substitute “(ga)”.
25
(5)
In subsection (7)—
(a)
in paragraph (a), after “a qualification” insert “or a credit in respect of a
component of a qualification” and after “the qualification” insert “or
component”; and
(b)
in paragraph (b), after “a qualification” insert “or a credit in respect of
30
a component of a qualification”.
(6)
Section 26 (supplementary provisions relating to discharge by QCA of their
functions) is amended as follows.
(7)
In subsection (3), after “the Authority” insert “recognise any person or”.
(8)
In subsection (3A)—
35
(a)
after “the Authority” insert “recognise any person or”;
(b)
after “at the time of” insert “recognition or of”;
(c)
after “conditions on” insert “recognition or”; and
(d)
after “continued” insert “recognition or”.
(9)
In subsection (4)(b)(i), for the words from “maintained” to “receiving the
40
accreditation” substitute “maintained by the recognised person in question in
relation to the award or authentication of qualifications generally or in relation
to the award or authentication of the qualification in question”.
(10)
Section 26A (power of QCA to give directions) is amended as follows.

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 2 — Miscellaneous
77

(11)
For subsection (1) substitute—
“(1)
If it appears to the Qualifications and Curriculum Authority—
(a)
that any recognised person has failed or is likely to fail to
comply with any condition subject to which the recognition has
effect, and
5
(b)
that the failure—
(i)
prejudices or would be likely to prejudice the proper
award or authentication by that person of any
accredited qualification, or
(ii)
prejudices or would be likely to prejudice persons who
10
might reasonably be expected to seek to obtain any
accredited qualification awarded or authenticated by
that person,

the Authority may direct the recognised person to take or refrain from
taking specified steps with a view to securing compliance with the
15
conditions subject to which the recognition has effect.
(1A)
If it appears to the Authority—
(a)
that any person who awards or authenticates any accredited
qualification has failed or is likely to fail to comply with any
condition subject to which the accreditation has effect, and
20
(b)
that the failure—
(i)
prejudices or would be likely to prejudice the proper
award or authentication of the qualification, or
(ii)
prejudices or would be likely to prejudice persons who
might reasonably be expected to seek to obtain the
25
qualification,

the Authority may direct the person mentioned in paragraph (a) to take
or refrain from taking specified steps with a view to securing
compliance with the conditions subject to which the accreditation has
effect.”
30
(12)
In subsection (2), for “the awarding body” substitute “the recognised person or
(as the case may be) the person mentioned in subsection (1A)(a)”.
(13)
After subsection (3) insert—
“(4)
In this section—
“accredited qualification” means a qualification accredited by the
35
Authority, and
“recognised person” means a person recognised by the Authority.
(5)
In this section any reference to the award or authentication of any
qualification by any person is a reference to its award or authentication
by any person alone or jointly with others.”
40
138
Functions of Welsh Ministers etc
(1)
The Education Act 1997 (c. 44) has effect subject to the following amendments.
(2)
Section 30 (functions in Wales in relation to external vocational and academic
qualifications) is amended as follows.
(3)
In subsection (1)—
45

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 2 — Miscellaneous
78

(a)
the existing paragraphs (i) to (vi) are re-numbered as paragraphs (a) to
(f);
(b)
for paragraph (d) (as re-numbered) substitute—
“(ca)
to develop and publish criteria for the recognition of
persons who, as outside persons, award or authenticate
5
such qualifications or credits in respect of components
of such qualifications;
(cb)
to recognise, where they meet such criteria, any such
persons who apply to be recognised;
(d)
to develop and publish criteria for the accreditation of
10
such qualifications where they are awarded or
authenticated by persons recognised under paragraph
(cb);”; and
(c)
after paragraph (e) (as re-numbered) insert—
“(ea)
to develop and publish rules and procedures for dealing
15
with the effect on the continued accreditation of such
qualifications where any person awarding or
authenticating them ceases to be recognised;”.
(4)
For subsections (1B) and (1C) substitute—
“(1B)
The following functions are exercisable solely by the Welsh Ministers—
20
(a)
the functions set out in paragraphs (ca) and (cb) of subsection
(1); and
(b)
the functions set out in the other paragraphs of that subsection
so far as they relate to external qualifications other than
National Vocational Qualifications.
25
(1C)
The functions set out in those other paragraphs so far as they relate to
National Vocations Qualifications are exercisable as follows—
(a)
the functions set out in paragraphs (a) to (c), (d) and (ea) of
subsection (1) are exercisable concurrently by the Welsh
Ministers and the Qualifications and Curriculum Authority;
30
and
(b)
the functions set out in paragraphs (e) and (f) of that subsection
are exercisable solely by the Qualifications and Curriculum
Authority.
(1D)
Subsections (1B) and (1C) are subject to any exercise of the power
35
conferred by subsection (2).”
(5)
After subsection (5) insert—
“(6)
Subsection (7) of section 24 (interpretation of references to the award or
authentication by outside persons of external qualifications or credits in
respect of components of them) applies for the purposes of this section
40
as it applies for the purposes of that section.”
(6)
Section 32 (supplementary provisions relating to discharge by Welsh Ministers
of their functions) is amended as follows.
(7)
In subsection (3), before “accredits” insert “recognises any person or”.
(8)
In subsection (3A)—
45
(a)
before “accredits” insert “recognises any person or”;
(b)
after “at the time of” insert “recognition or of”;

Education and Skills Bill
Part 5 — Miscellaneous and general
Chapter 2 — Miscellaneous
79

(c)
after “conditions on” insert “recognition or”; and
(d)
after “continued” insert “recognition or”.
(9)
In subsection (4)(b)(i), for the words from “maintained” to “receiving the
accreditation” substitute “maintained by the recognised person in question in
relation to the award or authentication of qualifications generally or in relation
5
to the award or authentication of the qualification in question”.
(10)
For section 32A substitute—
“32A
Power of Welsh Ministers to give directions
(1)
If it appears to the Welsh Ministers—
(a)
that any recognised person has failed or is likely to fail to
10
comply with any condition subject to which the recognition has
effect, and
(b)
that the failure—
(i)
prejudices or would be likely to prejudice the proper
award or authentication by that person of any
15
qualification accredited by them or by the Qualifications
and Curriculum Authority, or
(ii)
prejudices or would be likely to prejudice persons who
might reasonably be expected to seek to obtain any such
qualification awarded or authenticated by that person,
20

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 recognition has effect.
(2)
If it appears to the Welsh Ministers—
(a)
that any recognised person who awards or authenticates any
25
qualification accredited by them has failed or is likely to fail to
comply with any condition subject to which the accreditation
has effect, and
(b)
that the failure—
(i)
prejudices or would be likely to prejudice the proper
30
award or authentication of the qualification, or
(ii)
prejudices or would be likely to prejudice persons who
might reasonably be expected to seek to obtain the
qualification,

the Welsh Ministers may direct the recognised person to take or refrain
35
from taking specified steps with a view to securing compliance with the
conditions subject to which the accreditation has effect.
(3)
It shall be the duty of the recognised person to comply with any
direction under this section.
(4)
Any direction under this section is enforceable, on the application of the
40
Welsh Ministers, by a mandatory order.
(5)
In this section “recognised person” means a person recognised by the
Welsh Ministers.
(6)
In this section any reference to the award or authentication of any
qualification by any person is a reference to its award or authentication
45
by any person alone or jointly with others.”