|
| |
|
(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, |
| |
| |
(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 |
| |
| 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 |
| |
| 20 |
(b) | property acquired, and rights and liabilities arising, after the making |
| |
| |
| |
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. |
| |
| 30 |
| |
“designated”, in relation to a staff transfer scheme or a property transfer |
| |
scheme, means specified in, or determined in accordance with, the |
| |
| |
“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. |
| |
|
| |
|
| |
|
| |
| |
The Qualifications and Curriculum Development Agency |
| |
| |
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. |
| |
| 10 |
2 (1) | The QCDA is to consist of— |
| |
(a) | between 8 and 13 members appointed by the Secretary of State (the |
| |
| |
(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 |
| |
| |
(b) | may appoint another ordinary member as deputy to the chair (“the |
| |
| |
| 20 |
3 (1) | The chief officer is to be appointed by the QCDA, on conditions of service |
| |
| |
(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 |
| |
| |
(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 |
| |
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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
| |
7 (1) | The QCDA may appoint staff. |
| |
(2) | The following are to be determined by the QCDA with the approval of the |
| 25 |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
of staff of the QCDA (whether or not any benefits are payable to or in respect |
| |
of E by virtue of paragraph 6(2)). |
| |
| |
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 |
| |
(c) | the circumstances in which the committee may establish sub- |
| |
| |
(d) | the circumstances in which the QCDA can dissolve the committee |
| |
and any sub-committee established by the committee. |
| 15 |
| |
(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 |
| |
| |
(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— |
| |
|
| |
|
| |
|
(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. |
| |
| |
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 |
| |
| 10 |
(3) | The validity of proceedings of the QCDA, or of a QCDA committee, joint |
| |
committee or joint sub-committee is not affected by— |
| |
| |
(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 |
| |
| 20 |
(d) | a representative of the Chief Inspector; |
| |
(e) | a representative of such other body as the Secretary of State may |
| |
| |
(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 |
| |
| |
| |
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; |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
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 |
| |
| 20 |
(3) | The QCDA must publish each annual report and send a copy to the |
| |
| |
(4) | The Secretary of State must lay before Parliament a copy of each annual |
| |
report received under sub-paragraph (3). |
| |
| 25 |
| |
(a) | keep proper accounts and proper records in relation to the accounts, |
| |
| |
(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 |
| |
| |
(c) | the methods and principles according to which the annual accounts |
| 35 |
| |
(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. |
| |
|
| |
|
| |
|
(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). |
| |
| |
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 |
| |
(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 |
| |
| |
| 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 |
| |
| |
| 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 |
| |
(a) | form bodies corporate or unincorporate; |
| |
(b) | enter into joint ventures with other persons. |
| |
| |
| |
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 |
|
| |
|