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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;

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(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;

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(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.

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      (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

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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.

 
 

Apprenticeships, Skills, Children and Learning Bill
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”.

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