Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Schedule 8 — Sixth form college sector
188

56J
Notification by Chief Executive of Skills Funding of possible grounds
for intervention
(1)
This section applies if the Chief Executive is of the view that any of
the matters listed in section 56E(2) applies in relation to a sixth form
college.
5
(2)
The Chief Executive must notify the responsible local education
authority and the YPLA of that view.
(3)
The responsible local education authority must have regard to the
Chief Executive’s view in deciding whether to exercise their powers
under section 56E.
10
(4)
The YPLA must have regard to the Chief Executive’s view in
deciding whether to exercise its powers under section 56H.”
9
In section 88(1) (stamp duty) after “32,” insert “33N,”.
10
In section 88A(1) (stamp duty land tax) after “32” insert “, 33N”.
11    (1)
Section 89 (orders, regulations and directions) is amended as follows.
15
      (2)
In subsection (2)—
(a)
after “30(2)(b),” insert “33A(5)(b),”;
(b)
after “those sections” insert “or section 33L”.
      (3)
In subsection (4) for “Secretary of State” substitute “person or body making
the order or regulations”.
20
      (4)
For subsection (5) substitute—
“(5)
Section 570 of the Education Act 1996 (revocation and variation)
applies to directions given by any person or body under this Act as
it applies to directions given by the Secretary of State or a local
education authority under that Act.”
25
12    (1)
Section 90(1) (interpretation) is amended as follows.
      (2)
In paragraph (a) of the definition of “governing body” after “further
education corporation” insert “, a sixth form college corporation”.
      (3)
At the end insert—
““the relevant sixth form college”, in relation to a sixth form
30
college corporation, means the educational institution
specified in the order under this Act designating the
corporation as a sixth form college corporation or
establishing it as such,
“the responsible local education authority”—
35
(a)
in relation to a proposal relating to the establishment
of a sixth form college corporation, means the local
education authority in whose area the relevant sixth
form college, or its main site, is proposed to be
situated;
40
(b)
in relation to a sixth form college corporation, means
the local education authority in whose area the
relevant sixth form college, or its main site, is situated;

Apprenticeships, Skills, Children and Learning Bill
Schedule 8 — Sixth form college sector
189

(c)
in relation to a sixth form college, means the local
education authority in whose area the sixth form
college, or its main site, is situated,
“sixth form college corporation” means a body corporate—
(a)
designated as a sixth form college corporation under
5
section 33A or 33B, or
(b)
established under section 33C,
“the YPLA” means the Young People’s Learning Agency for
England.”
      (4)
After subsection (2) insert—
10
“(2ZA)
The Secretary of State may give guidance on which of a sixth form
college’s sites is to be taken to be its main site for the purposes of the
definition of “the responsible local education authority” in
subsection (1).”
13    (1)
Section 91 (interpretation of Education Acts) is amended as follows.
15
      (2)
In subsection (3) (institutions within the further education sector) after
paragraph (b) insert “and
(c)
sixth form colleges,”
      (3)
After subsection (3) insert—
“(3A)
References to sixth form colleges are to institutions conducted by
20
sixth form college corporations.”
14
In section 92 (index) at the appropriate places insert—

relevant sixth form college
section 90(1)

responsible local education authority
section 90(1)

sixth form college
section 91(3A)

25

sixth form college corporation
section 90(1)

the YPLA
section 90(1)

15    (1)
Schedule 4 (instruments and articles of government for further education
corporations) is amended as follows.
      (2)
For paragraph 1 substitute—
30
“1
In this Schedule—
“instrument” means an instrument of government or articles
of government;
“the institution” means—
(a)
in the case of a further education corporation, the
35
institution which the corporation is established to
conduct;
(b)
in the case of a sixth form college corporation, the
relevant sixth form college.”

Apprenticeships, Skills, Children and Learning Bill
Schedule 9 — The Office of Qualifications and Examinations Regulation
190

      (3)
In paragraph 1A, after “appointment of members” insert “of a further
education corporation”.
      (4)
After paragraph 1A insert—
“1B
Provision made by an instrument under this Schedule in relation
to the appointment of members of a sixth form college corporation
5
must take into account the members who may be appointed by—
(a)
the responsible local education authority under section
56F;
(b)
the YPLA under section 56I.”
      (5)
In paragraph 2(1) after “further education corporation” insert “or sixth form
10
college corporation”.
      (6)
In the title, after “further education corporations” insert “and sixth form
college corporations”.
Schedule 9
Section 124

The Office of Qualifications and Examinations Regulation
15
Status
1
Ofqual is to perform its functions on behalf of the Crown.
Membership
2     (1)
Ofqual is to consist of—
(a)
a member appointed by Her Majesty by Order in Council to chair
20
Ofqual,
(b)
between 7 and 12 members appointed by the Secretary of State (the
“ordinary members”), and
(c)
the chief executive of Ofqual.
      (2)
The Secretary of State may appoint one of the ordinary members as deputy
25
to the person appointed to chair Ofqual (“the deputy”).
      (3)
One of the ordinary members (the “Northern Ireland member”) must be a
person appointed following consultation with the Department for
Employment and Learning in Northern Ireland.
The Chief Regulator
30
3     (1)
The person appointed by Her Majesty to chair Ofqual is to be known as the
Chief Regulator of Qualifications and Examinations.
      (2)
In this Schedule that person is referred to as “the Chief Regulator”.
      (3)
The Chief Regulator holds and vacates office in accordance with the terms of
the appointment.
35
      (4)
Those terms are to be determined by the Secretary of State, subject to the
following provisions of this Schedule.
      (5)
The Chief Regulator must not be appointed for a term of more than 5 years.

Apprenticeships, Skills, Children and Learning Bill
Schedule 9 — The Office of Qualifications and Examinations Regulation
191

      (6)
The Chief Regulator may resign from office at any time by giving written
notice to the Secretary of State.
      (7)
Her Majesty may remove the Chief Regulator from office on either of the
following grounds—
(a)
inability or unfitness to carry out the duties of office;
5
(b)
absence from Ofqual’s meetings for a continuous period of more
than 6 months without Ofqual’s permission.
      (8)
The previous appointment of a person as Chief Regulator does not affect the
person’s eligibility for re-appointment.
The deputy and other ordinary members: tenure
10
4     (1)
The deputy and other ordinary members hold and vacate office in
accordance with the terms of their appointments, subject to the following
provisions of this Schedule.
      (2)
An ordinary member must not be appointed for a term of more than 5 years.
      (3)
The deputy and other ordinary members may resign from office at any time
15
by giving written notice to the Secretary of State.
      (4)
The Secretary of State may remove the deputy from office if the Secretary of
State thinks it appropriate to do so.
      (5)
The Secretary of State may remove an ordinary member from office on either
of the following grounds—
20
(a)
inability or unfitness to carry out the duties of office;
(b)
absence from Ofqual’s meetings for a continuous period of more
than 6 months without Ofqual’s permission.
      (6)
The Secretary of State must consult the Department for Employment and
Learning in Northern Ireland before removing the Northern Ireland
25
member from office.
      (7)
The previous appointment of a person as the deputy or another ordinary
member does not affect the person’s eligibility for re-appointment.
      (8)
If the deputy ceases to be an ordinary member, the person also ceases to be
the deputy.
30
Remuneration etc. of Chief Regulator and ordinary members
5     (1)
Ofqual must, if the Secretary of State requires it to do so, pay remuneration,
allowances and expenses to the Chief Regulator and any of the ordinary
members.
      (2)
Ofqual must, if the Secretary of State requires it to do so, pay, or make
35
provision for the payment of, a pension, allowances or gratuities to or in
respect of a current or former Chief Regulator or ordinary member.
      (3)
If a person ceases to be Chief Regulator or an ordinary member and the
Secretary of State decides that the person should be compensated because of
special circumstances, Ofqual must pay compensation to the person.
40
      (4)
The amount of a payment under this paragraph is to be determined by the
Secretary of State.

Apprenticeships, Skills, Children and Learning Bill
Schedule 9 — The Office of Qualifications and Examinations Regulation
192

Chief executive and other staff
6     (1)
The first chief executive is to be appointed by the Secretary of State, on
conditions of service determined by the Secretary of State.
      (2)
Later chief executives are to be appointed by Ofqual, on conditions of service
determined by Ofqual.
5
      (3)
The appointment and conditions of service of a later chief executive are
subject to the approval of the Secretary of State.
      (4)
Ofqual may appoint other members of staff.
      (5)
The following are to be determined by Ofqual with the approval of the
Secretary of State—
10
(a)
the number of members of staff of Ofqual;
(b)
their conditions of service;
(c)
the amount of remuneration, allowances and expenses paid to them.
Committees
7     (1)
Ofqual may establish committees, and any committee established by Ofqual
15
may establish sub-committees.
      (2)
Ofqual may—
(a)
dissolve a sub-committee established under sub-paragraph (1), or
(b)
alter the purposes for which such a sub-committee is established.
      (3)
In this Schedule a committee or sub-committee established under sub-
20
paragraph (1) is referred to as an “Ofqual committee”.
      (4)
An Ofqual committee must include at least one member of Ofqual or
Ofqual’s staff.
      (5)
Ofqual may arrange for the payment of remuneration, allowances and
expenses to any person who—
25
(a)
is a member of an Ofqual committee, but
(b)
is not a member of Ofqual or Ofqual’s staff.
      (6)
Ofqual must at least once in any 5 year period review—
(a)
the structure of Ofqual committees, and
(b)
the scope of each Ofqual committee’s activities.
30
      (7)
The first review under sub-paragraph (6) must be completed not later than
the day which is the end of the period of 5 years beginning with the day on
which section 124 comes into force.
8     (1)
Ofqual and any other person may establish a committee jointly.
      (2)
In this Schedule a committee established under sub-paragraph (1) is referred
35
to as a “joint committee”.
      (3)
A joint committee may establish sub-committees.
      (4)
In this Schedule a sub-committee established under sub-paragraph (3) is
referred to as a “joint sub-committee”.
      (5)
A joint committee and a joint sub-committee must include at least one
40
member of Ofqual or Ofqual’s staff.

Apprenticeships, Skills, Children and Learning Bill
Schedule 9 — The Office of Qualifications and Examinations Regulation
193

      (6)
Ofqual may arrange for the payment of remuneration, allowances and
expenses to any person who—
(a)
is a member of a joint committee or a joint sub-committee, but
(b)
is not a member of Ofqual or Ofqual’s staff.
Procedure etc.
5
9     (1)
Ofqual may regulate—
(a)
its own proceedings (including quorum), and
(b)
the procedure (including quorum) of Ofqual committees.
      (2)
A joint committee may regulate—
(a)
its own procedure (including quorum), and
10
(b)
the procedure (including quorum) of any sub-committee established
by it.
      (3)
The validity of proceedings of Ofqual, or of an Ofqual committee, a joint
committee or joint sub-committee is not affected by—
(a)
a vacancy;
15
(b)
a defective appointment.
Delegation
10    (1)
Ofqual may delegate any of its functions to—
(a)
a member of Ofqual or Ofqual’s staff;
(b)
a committee established by Ofqual;
20
(c)
a joint committee.
      (2)
A function is delegated under this paragraph to the extent and on the terms
that Ofqual determines.
11    (1)
A committee established by Ofqual or a joint committee may delegate any of
its functions to a sub-committee established by it.
25
      (2)
A function is delegated under this paragraph to the extent and on the terms
that the committee determines.
      (3)
The power of a committee established by Ofqual to delegate a function
under this paragraph, and to determine the extent and terms of the
delegation, are subject to Ofqual’s powers to direct what a committee
30
established by it may and may not do.
      (4)
The power of a joint committee to delegate a function under this paragraph,
and to determine the extent and terms of the delegation, are subject to the
power of Ofqual and any other person with whom Ofqual established the
joint committee to direct (acting jointly) what the committee may and may
35
not do.
Documents
12
The application of Ofqual’s seal is authenticated by the signatures of—
(a)
two members of Ofqual, or
(b)
one member of Ofqual and another person who has been authorised
40
(generally or specifically) for that purpose by Ofqual.

Apprenticeships, Skills, Children and Learning Bill
Schedule 10 — Ofqual: transfer schemes
194

13
The Documentary Evidence Act 1868 (c. 37) has effect in relation to Ofqual
as if—
(a)
Ofqual were included in the first column of the Schedule to that Act,
(b)
any member or other person authorised to act on Ofqual’s behalf
were mentioned in the second column of that Schedule, and
5
(c)
the regulations referred to in that Act included any document issued
by Ofqual or under its authority.
Supplementary powers
14    (1)
Ofqual may do anything that it considers necessary or appropriate for the
purposes of, or in connection with, its functions.
10
      (2)
The power in sub-paragraph (1) is subject to any restrictions imposed by or
under any provision of this or any other Act.
      (3)
Ofqual may not lend money.
Schedule 10
Section 164

Ofqual: transfer schemes
15
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
Ofqual’s staff and, accordingly, to become employed in the civil
20
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
to have effect as if they were the conditions of service as a member of
Ofqual’s staff;
25
(c)
for the transfer to Ofqual 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
or in relation to the QCDA in respect of such a contract or the
30
employee to be treated as having been done by or in relation to
Ofqual.
      (2)
A staff transfer scheme may provide for a period before a person became a
member of Ofqual’s staff to count as a period during which the person was
a member of Ofqual’s staff (and for the operation of the scheme not to be
35
treated as having interrupted the continuity of that period).
      (3)
A staff transfer scheme may provide for an employee of the QCDA who
would otherwise become a member of Ofqual’s staff not to become such a
member of staff if the employee gives notice objecting to the operation of the
scheme in relation to the employee.
40
      (4)
A staff transfer scheme may provide for any person who would be treated
(whether by an enactment or otherwise) as being dismissed by the operation
of the scheme not to be so treated.