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 10 — Ofqual: transfer schemes
195

      (5)
A staff transfer scheme may provide for an employee of the QCDA to
become a member of Ofqual’s staff despite any provision, of whatever
nature, which would otherwise prevent the person from being employed in
the civil service of the state.
Property transfer schemes
5
2     (1)
The Secretary of State may make a scheme (a “property transfer scheme”)
providing for the transfer from the QCDA to Ofqual of designated property,
rights or liabilities.
      (2)
A property transfer scheme may—
(a)
create rights, or impose liabilities, in relation to property or rights
10
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
Ofqual;
15
(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)
property, rights and liabilities that could not otherwise be
transferred;
20
(b)
property acquired, and rights and liabilities arising, after the making
of the scheme.
Continuity
3
A 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
25
before the transfer takes effect.
Supplementary provision etc.
4
A staff transfer scheme or a property transfer scheme may include
supplementary, incidental, transitional and consequential provision.
Interpretation
30
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
scheme;
“the QCDA” means the Qualifications and Curriculum Authority, to be
35
known instead as the Qualifications and Curriculum Development
Agency by virtue of section 166.

Apprenticeships, Skills, Children and Learning Bill
Schedule 11 — The Qualifications and Curriculum Development Agency
196

Schedule 11
Section 166

The Qualifications and Curriculum Development Agency
Status
1     (1)
The QCDA is not to be regarded—
(a)
as a servant or agent of the Crown, or
5
(b)
as enjoying any status, immunity or privilege of the Crown.
      (2)
The QCDA’s property is not to be regarded—
(a)
as property of the Crown, or
(b)
as property held on behalf of the Crown.
Membership
10
2     (1)
The QCDA is to consist of—
(a)
between 8 and 13 members appointed by the Secretary of State (the
“ordinary members”), and
(b)
the chief officer of the QCDA.
      (2)
The Secretary of State—
15
(a)
must appoint one of the ordinary members to chair the QCDA (“the
chair”), and
(b)
may appoint another ordinary member as deputy to the chair (“the
deputy”).
Chief officer
20
3     (1)
The chief officer is to be appointed by the QCDA, on conditions of service
determined by the QCDA.
      (2)
The appointment and conditions of service of the chief officer are subject to
the approval of the Secretary of State.
Chair and chief officer: division of functions
25
4     (1)
The Secretary of State may confer additional functions in relation to the
QCDA on the chair.
      (2)
The functions for the time being conferred on the chief officer of the QCDA
must not include any function for the time being conferred under sub-
paragraph (1) on the chair.
30
Tenure
5     (1)
The chair, 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.
35
      (3)
The chair, the deputy and other ordinary members may resign from office at
any time by giving written notice to the Secretary of State.

Apprenticeships, Skills, Children and Learning Bill
Schedule 11 — The Qualifications and Curriculum Development Agency
197

      (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—
(a)
inability or unfitness to carry out the duties of office;
5
(b)
absence from the QCDA’s meetings for a continuous period of more
than 6 months without the QCDA’s permission.
      (6)
The previous appointment of a person as the chair, the deputy or another
ordinary member does not affect the person’s eligibility for re-appointment.
      (7)
If the chair or the deputy ceases to be an ordinary member, the person also
10
ceases to be the chair or the deputy.
Remuneration etc. of ordinary members
6     (1)
The QCDA must, if the Secretary of State requires it to do so, pay
remuneration, allowances and expenses to any of the ordinary members.
      (2)
The QCDA must, if the Secretary of State requires it to do so, pay, or make
15
provision for the payment of, a pension, allowances or gratuities to or in
respect of a current or former ordinary member.
      (3)
If a person ceases to be an ordinary member and the Secretary of State
decides that the person should be compensated because of special
circumstances, the QCDA must pay compensation to the person.
20
      (4)
The amount of a payment under this paragraph is to be determined by the
Secretary of State.
Staff
7     (1)
The QCDA may appoint staff.
      (2)
The following are to be determined by the QCDA with the approval of the
25
Secretary of State—
(a)
the number of members of staff of the QCDA;
(b)
their conditions of service;
(c)
the amount of remuneration, allowances and expenses paid to them.
8     (1)
Employment with the QCDA is to be included among the kinds of
30
employment to which a scheme under section 1 of the Superannuation Act
1972 (c. 11) (superannuation schemes as respects civil servants, etc.) can
apply.
      (2)
The QCDA 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
35
of increases attributable to this paragraph in the sums payable under the
Superannuation Act 1972 out of money provided by Parliament.
      (3)
Sub-paragraph (4) applies if a member of staff of the QCDA (“E”)—
(a)
is, by reference to employment with the QCDA, a participant in a
scheme under section 1 of the Superannuation Act 1972, and
40
(b)
is also a member of the QCDA.
      (4)
The Secretary of State may determine that E’s service as a member of the
QCDA is to be treated for the purposes of the scheme as service as a member

Apprenticeships, Skills, Children and Learning Bill
Schedule 11 — The Qualifications and Curriculum Development Agency
198

of staff of the QCDA (whether or not any benefits are payable to or in respect
of E by virtue of paragraph 6(2)).
Committees
9     (1)
The QCDA may establish committees, and any committee established under
this sub-paragraph may establish sub-committees.
5
      (2)
If so directed by the Secretary of State, the QCDA must establish a committee
for the purpose specified in the direction.
      (3)
A direction under sub-paragraph (2) may specify—
(a)
the number of members of the committee,
(b)
the terms and conditions on which members of the committee hold
10
and vacate office,
(c)
the circumstances in which the committee may establish sub-
committees, and
(d)
the circumstances in which the QCDA can dissolve the committee
and any sub-committee established by the committee.
15
      (4)
The QCDA may—
(a)
dissolve a sub-committee established under sub-paragraph (1), or
(b)
alter the purposes for which such a sub-committee is established.
      (5)
In this Schedule a committee or sub-committee established under sub-
paragraph (1) or (2) is referred to as a “QCDA committee”.
20
      (6)
A QCDA committee must include at least one member of the QCDA or the
QCDA’s staff.
      (7)
The QCDA may arrange for the payment of remuneration, allowances and
expenses to any person who—
(a)
is a member of a QCDA committee, but
25
(b)
is not a member of the QCDA or the QCDA’s staff.
      (8)
The QCDA must at least once in any 5 year period review—
(a)
the structure of QCDA committees, and
(b)
the scope of each QCDA committee’s activities.
      (9)
The first review under sub-paragraph (8) must be completed not later than
30
the day which is the end of the period of 5 years beginning with the day on
which section 166 comes into force.
10    (1)
The QCDA and any other person may establish a committee jointly.
      (2)
In this Schedule a committee established under sub-paragraph (1) is referred
to as a “joint committee”.
35
      (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
member of the QCDA or the QCDA’s staff.
40
      (6)
The QCDA may arrange for the payment of remuneration, allowances and
expenses to any person who—

Apprenticeships, Skills, Children and Learning Bill
Schedule 11 — The Qualifications and Curriculum Development Agency
199

(a)
is a member of a joint committee or a joint sub-committee, but
(b)
is not a member of the QCDA or the QCDA’s staff.
Procedure etc.
11    (1)
The QCDA may regulate—
(a)
its own proceedings (including quorum), and
5
(b)
the procedure (including quorum) of QCDA committees.
      (2)
A joint committee may regulate—
(a)
its own procedure (including quorum), and
(b)
the procedure (including quorum) of any sub-committee established
by it.
10
      (3)
The validity of proceedings of the QCDA, or of a QCDA committee, joint
committee or joint sub-committee is not affected by—
(a)
a vacancy;
(b)
a defective appointment.
12    (1)
The following have the right to attend meetings of the QCDA, and of QCDA
15
committees, joint committees and joint sub-committees—
(a)
the Secretary of State;
(b)
a representative of the Secretary of State;
(c)
Her Majesty’s Chief Inspector of Education, Children’s Services and
Skills;
20
(d)
a representative of the Chief Inspector;
(e)
a representative of such other body as the Secretary of State may
direct.
      (2)
A person attending a meeting of the QCDA, or of a QCDA committee, joint
committee or joint sub-committee under sub-paragraph (1) may take part in
25
its deliberations (but not its decisions).
      (3)
If a person with a right to attend a meeting of the QCDA, or of a QCDA
committee, joint committee or joint sub-committee requests it, the QCDA
must provide the person with all information relating to the meeting that—
(a)
has been distributed to members of the QCDA or of the QCDA
30
committee, joint committee or joint sub-committee, and
(b)
is likely to be needed by the person in order to take part in the
meeting.
Delegation
13    (1)
The QCDA may delegate any of its functions to—
35
(a)
a member of the QCDA or the QCDA’s staff;
(b)
a committee established by the QCDA;
(c)
a joint committee.
      (2)
A function is delegated under this paragraph to the extent and on the terms
that the QCDA determines.
40
14    (1)
A committee established by the QCDA or a joint committee may delegate
any of its functions to a sub-committee established by it.

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Schedule 11 — The Qualifications and Curriculum Development Agency
200

      (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 the QCDA to delegate a function
under this paragraph, and to determine the extent and terms of the
delegation, are subject to the powers of the QCDA and (in the case of a
5
committee established under paragraph 9(2)) the Secretary of State to direct
what the committee 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 the QCDA and any other person with whom the QCDA
10
established the joint committee to direct (acting jointly) what the committee
may and may not do.
15
The Secretary of State may authorise any committee established under
paragraph 9(2) to perform such of the QCDA’s functions as are specified in
the direction given under that provision.
15
Reports
16    (1)
As soon as reasonably practicable after the end of each financial year the
QCDA must prepare an annual report for the financial year.
      (2)
The annual report must state how the QCDA has performed its functions in
the financial year.
20
      (3)
The QCDA must publish each annual report and send a copy to the
Secretary of State.
      (4)
The Secretary of State must lay before Parliament a copy of each annual
report received under sub-paragraph (3).
Accounts
25
17    (1)
The QCDA must—
(a)
keep proper accounts and proper records in relation to the accounts,
and
(b)
prepare annual accounts in respect of each financial year.
      (2)
The annual accounts must comply with any directions given by the
30
Secretary of State as to—
(a)
the information to be contained in them,
(b)
the manner in which the information contained in them is to be
presented, or
(c)
the methods and principles according to which the annual accounts
35
are to be prepared.
      (3)
Before the end of the month of August next following each financial year, the
QCDA must send copies of the annual accounts for the year to—
(a)
the Secretary of State, and
(b)
the Comptroller and Auditor General.
40
      (4)
The Comptroller and Auditor General must—
(a)
examine, certify and report on the annual accounts, and
(b)
give a copy of the report to the Secretary of State.

Apprenticeships, Skills, Children and Learning Bill
Schedule 12 — Ofqual and the QCDA: minor and consequential amendments
201

      (5)
The Secretary of State must lay before Parliament—
(a)
a copy of any annual accounts received under sub-paragraph (3), and
(b)
a copy of each report received under sub-paragraph (4).
Documents
18
The application of the QCDA’s seal is authenticated by the signatures of—
5
(a)
two members of the QCDA, or
(b)
one member of the QCDA and another person who has been
authorised (generally or specifically) for that purpose by the QCDA.
19
Any document purporting to be an instrument made or issued by or on
behalf of the QCDA, and to be duly executed by a person authorised by the
10
QCDA in that behalf—
(a)
is to be received in evidence, and
(b)
is to be taken to be made or issued in that way, unless the contrary is
shown.
Funding
15
20    (1)
The Secretary of State may make grants to the QCDA.
      (2)
Grants to the QCDA under this paragraph are to be made at such times and
subject to such conditions (if any) as the Secretary of State thinks
appropriate.
Supplementary powers
20
21    (1)
The QCDA may do anything that it considers necessary or appropriate for
the purposes of, or in connection with, its functions.
      (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)
The QCDA may not do either of the following without the consent of the
25
Secretary of State—
(a)
form bodies corporate or unincorporate;
(b)
enter into joint ventures with other persons.
Schedule 12
Sections 165 and 183

Ofqual and the QCDA: minor and consequential amendments
30
Public Records Act 1958 (c. 51)
1
In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the
Table (definition of public records: other establishments and organisations)
for “Qualifications and Curriculum Authority” substitute “Qualifications
and Curriculum Development Agency”.
35