Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Schedule 12 — Ofqual and the QCDA: minor and consequential amendments
202

Parliamentary Commissioner Act 1967 (c. 13)
2     (1)
Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.
subject to investigation) is amended as follows.
      (2)
At the appropriate place insert—
“Office of Qualifications and Examinations Regulation.”
5
      (3)
For “Qualifications and Curriculum Authority” substitute “Qualifications
and Curriculum Development Agency”.
Superannuation Act 1972 (c. 11)
3
In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc,
referred to in section 1 of that Act) under the heading “Other bodies” for
10
“The Qualifications and Curriculum Authority” substitute “The
Qualifications and Curriculum Development Agency”.
House of Commons Disqualification Act 1975 (c. 24)
4     (1)
Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(other disqualifying offices) is amended as follows.
15
      (2)
For the entry relating to members of the Qualifications and Curriculum
Authority substitute—
“Any member of the Qualifications and Curriculum Development
Agency (continued under section 166 of the Apprenticeships, Skills,
Children and Learning Act 2009) in receipt of remuneration.”
20
      (3)
At the appropriate place insert—
“The Chief Regulator of Qualifications and Examinations and any
member of the Office of Qualifications and Examinations Regulation in
receipt of remuneration.”
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
25
5
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (other disqualifying offices) at the appropriate place insert—
“The Chief Regulator of Qualifications and Examinations and any
member of the Office of Qualifications and Examinations Regulation in
receipt of remuneration.”
30
Race Relations Act 1976 (c. 74)
6
In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies etc. subject to
general statutory duty which were added after commencement of the duty)
for “The Qualifications and Curriculum Authority” substitute “The
Qualifications and Curriculum Development Agency”.
35
Charities Act 1993 (c. 10)
7
In Schedule 2 to the Charities Act 1993 (exempt charities) omit paragraph
(da).

Apprenticeships, Skills, Children and Learning Bill
Schedule 12 — Ofqual and the QCDA: minor and consequential amendments
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Education Act 1997 (c. 44)
8
The Education Act 1997 is amended as follows.
9
Sections 21 to 26A (the Qualifications and Curriculum Authority) cease to
have effect.
10
In section 29 (functions of the Welsh Ministers in relation to curriculum and
5
assessment) for subsection (5) substitute—
“(5)
In this section—
“assessment” includes examination and test;
“funded nursery education” has the meaning given by section
98 of the Education Act 2002;
10
“maintained school” means—
(a)
any community, foundation or voluntary school, and
(b)
any community or foundation special school.
(6)
In the definition of “maintained school”, the reference to a
community, foundation or voluntary school or to a community or
15
foundation special school, is a reference to such a school within the
meaning of the School Standards and Framework Act 1998.”
11    (1)
Section 30 (functions of the Welsh Ministers in relation to external vocational
and academic qualifications) is amended as follows.
      (2)
For subsection (1) substitute—
20
“(1)
This section applies for the purposes of the following functions—
(a)
to keep under review all aspects of relevant qualifications;
(b)
to provide support and advice to any person providing
courses leading to relevant qualifications with a view to
establishing and maintaining high standards in the provision
25
of such courses;
(c)
to publish and disseminate, and assist in the publication and
dissemination of, information relating to relevant
qualifications;
(d)
to develop and publish criteria for the recognition of any
30
person who awards or authenticates a relevant qualification;
(e)
to recognise in respect of the award or authentication of a
specified relevant qualification or description of relevant
qualification, any person who meets such criteria and applies
to be so recognised;
35
(f)
to determine that a specified relevant qualification or
description of relevant qualification is to be subject to a
requirement of accreditation;
(g)
to develop and publish criteria for the accreditation of a
relevant qualification which is subject to that requirement;
40
(h)
to accredit any relevant qualification subject to that
requirement which meets such criteria and is submitted for
accreditation by a person recognised under paragraph (e) in
respect of it;
(i)
to publish and disseminate, and assist in the publication and
45
dissemination of, information relating to persons recognised
under paragraph (e);

Apprenticeships, Skills, Children and Learning Bill
Schedule 12 — Ofqual and the QCDA: minor and consequential amendments
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(j)
to make arrangements (whether or not with others) for the
development, setting or administration of tests or tasks
which fall to be undertaken with a view to obtaining relevant
qualifications and which fall within a prescribed
description.”
5
      (3)
In subsection (1A)—
(a)
for “(1)(d)” substitute “(1)(g)”;
(b)
for “(e)” substitute “(h)”.
      (4)
In subsection (1B)—
(a)
in paragraph (a), for “(ca) and (cb)” substitute “(d) to (f) and (i)”;
10
(b)
in paragraph (b), for “external” substitute “relevant”.
      (5)
In subsection (1C)—
(a)
in paragraph (a), for “, (d) and (ea)” substitute “and (g)”;
(b)
in paragraph (b), for “(e) and (f)” substitute “(h) and (j)”.
      (6)
For subsection (5) substitute—
15
“(5)
In this section “relevant qualification” means an academic or
vocational qualification awarded or authenticated in Wales other
than an excluded qualification.
(5A)
An excluded qualification is a qualification awarded or
authenticated by an institution within the higher education sector—
20
(a)
at foundation degree level or any comparable level, or
(b)
at first degree level, or any comparable or higher level.
(5B)
For the purposes of subsection (5) a qualification is awarded or
authenticated in Wales if there are, or may reasonably be expected to
be, persons seeking to obtain the qualification who are or will be
25
assessed for those purposes wholly or mainly in Wales.
(5C)
In this section and sections 32 to 32B a reference to the award or
authentication of a qualification includes a reference to—
(a)
the award or authentication of credits in respect of
components of a qualification, and
30
(b)
the award or authentication of a qualification by a person
either alone or jointly with others.”
      (7)
Omit subsection (6).
      (8)
In the title, for “external vocational and academic” substitute “relevant”.
12    (1)
Section 32 (supplementary provisions relating to discharge by the Welsh
35
Ministers of their functions) is amended as follows.
      (2)
In subsection (1)(c)—
(a)
in sub-paragraph (ii) before “requirements” insert “reasonable”;
(b)
for sub-paragraph (iii) substitute—
“(iii)
the reasonable requirements of persons with
40
learning difficulties.”

Apprenticeships, Skills, Children and Learning Bill
Schedule 12 — Ofqual and the QCDA: minor and consequential amendments
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      (3)
In subsection (4) for paragraph (a) (but not the “and” after it) substitute—
“(a)
limiting the amount of a fee that can be charged for the award
or authentication of, or for the provision of any other service
in relation to, the qualification in question;”.
      (4)
Omit subsection (4A).
5
      (5)
For subsection (6) substitute—
“(6)
In this section “persons with learning difficulties” means—
(a)
children with special educational needs (as defined in section
312 of the Education Act 1996), and
(b)
other persons who—
10
(i)
have a significantly greater difficulty in learning than
the majority of persons of their age, or
(ii)
have a disability which either prevents or hinders
them from making use of educational facilities of a
kind generally provided for persons of their age.
15
(7)
But a person is not to be taken to have a learning difficulty solely
because the language (or form of language) in which the person is or
will be taught is different from a language (or form of language)
which has at any time been spoken in the person’s home.”
13    (1)
Section 32A (power of the Welsh Ministers to give directions) is amended as
20
follows.
      (2)
In subsection (1)(b)(i) for “any qualification accredited by them or by the
Qualifications and Curriculum Authority” substitute “any qualification in
respect of which that person is recognised by them or by the Office of
Qualifications and Examinations Regulation”.
25
      (3)
In subsection (5) after “this section” insert “and section 32B”.
      (4)
Omit subsection (6).
14
After section 32A insert—
“32B
Power of Welsh Ministers to withdraw recognition
(1)
Subsection (2) applies if a recognised person has failed to comply
30
with any condition subject to which the recognition has effect.
(2)
The Welsh Ministers may withdraw recognition from the recognised
person in respect of the award or authentication of a specified
qualification or a specified description of qualification if it appears to
them that the failure mentioned in subsection (1) prejudices or would
35
be likely to prejudice—
(a)
the proper award or authentication by the person of the
qualification or a qualification of the description in question,
or
(b)
persons who might reasonably be expected to seek to obtain
40
the qualification or a qualification of the description in
question.
(3)
Subsection (4) applies if a recognised person who awards or
authenticates a qualification accredited by the Welsh Ministers has

Apprenticeships, Skills, Children and Learning Bill
Schedule 12 — Ofqual and the QCDA: minor and consequential amendments
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failed to comply with any condition subject to which the
accreditation has effect.
(4)
The Welsh Ministers may withdraw recognition from the recognised
person in respect of the qualification if it appears to them that the
failure mentioned in subsection (3) prejudices or would be likely to
5
prejudice—
(a)
the proper award or authentication by the person of the
qualification, or
(b)
persons who might reasonably be expected to seek to obtain
the qualification.
10
(5)
Before withdrawing recognition from a recognised person in any
respect the Welsh Ministers must give notice to the person of their
intention to do so.
(6)
The notice must—
(a)
set out the Welsh Ministers’ reasons for proposing to
15
withdraw recognition from the recognised person in the
respect in question, and
(b)
specify the period during which, and the way in which, the
recognised person may make representations about the
proposal.
20
(7)
The Welsh Ministers must have regard to any representations made
by the recognised person during the period specified in the notice in
deciding whether to withdraw recognition from the person in the
respect in question.
(8)
If the Welsh Ministers decide to withdraw recognition from a
25
recognised person they must give notice to the person of their
decision and of the date on which the withdrawal is to take effect.
(9)
At any time before a withdrawal takes effect the Welsh Ministers
may vary the date on which it is to take effect by giving further notice
to the recognised person.
30
(10)
The Welsh Ministers must establish arrangements for the review, at
the request of a recognised person, of a decision to withdraw
recognition under this section.
(11)
The arrangements established under subsection (10)—
(a)
must require the decision on review to be made by a person
35
of appropriate seniority who was not involved in the original
decision;
(b)
may require or permit that decision to be made by a person
other than the Welsh Ministers.”
15
Section 36 (levy on bodies awarding qualifications accredited by relevant
40
body) ceases to have effect.
16
In section 54(1) (orders and regulations) omit “, except an order under
section 25 or 31,”.
17
In section 58(6) (short title, commencement and extent etc)—
(a)
omit the entries for—
45
(i)
sections 21 and 22,

Apprenticeships, Skills, Children and Learning Bill
Schedule 12 — Ofqual and the QCDA: minor and consequential amendments
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(ii)
section 24(4), (6) and (7),
(iii)
sections 26 and 26A, and
(iv)
Schedule 4;
(b)
for “34 to 36” substitute “35”.
18
Schedule 4 (the Qualifications and Curriculum Authority) ceases to have
5
effect.
Learning and Skills Act 2000 (c. 21)
19
The Learning and Skills Act 2000 is amended as follows.
20    (1)
Section 96 (external qualifications: persons under 19) is amended as follows.
      (2)
In subsection (1)(b) for “an external qualification” substitute “a relevant
10
qualification”.
      (3)
In subsection (2) for “external” substitute “relevant”.
      (4)
For subsections (5) to (7) substitute—
“(5)
In this section “a relevant qualification”—
(a)
in relation to England, means a qualification to which Part 7
15
of the Apprenticeships, Skills, Children and Learning Act
2009 applies;
(b)
in relation to Wales, has the same meaning as in section 30 of
the Education Act 1997.”
21    (1)
Section 98 (approved qualifications: England) is amended as follows.
20
      (2)
Before subsection (3) insert—
“(2B)
A qualification may be approved only if—
(a)
the conditions mentioned in subsection (2C) are satisfied in
relation to the qualification, or
(b)
the Office of Qualifications and Examinations Regulation is
25
consulted before the approval is given.
(2C)
The conditions are that—
(a)
the qualification is a regulated qualification within the
meaning of Part 7 of the Apprenticeships, Skills, Children
and Learning Act 2009, and
30
(b)
if the qualification is subject to the accreditation requirement
(within the meaning of Chapter 2 of that Part), it is accredited
under section 136 of that Act.”
      (3)
In subsections (7) and (8) for “Qualifications and Curriculum Authority”
substitute “Qualifications and Curriculum Development Agency or the
35
Young People’s Learning Agency for England”.
22    (1)
In section 99 (approved qualifications: Wales) is amended as follows.
      (2)
In subsection (2)—
(a)
before paragraph (a) insert—
“(za)
the conditions mentioned in subsection (2ZA) are
40
then satisfied in relation to the qualification,”;
(b)
in paragraphs (a) and (b) after “then” insert “otherwise”.

Apprenticeships, Skills, Children and Learning Bill
Schedule 12 — Ofqual and the QCDA: minor and consequential amendments
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      (3)
After subsection (2) insert—
“(2ZA)
The conditions are that—
(a)
the qualification is awarded or authenticated by a person
recognised in that respect under section 30(1)(e) of the
Education Act 1997, and
5
(b)
if the qualification is subject to a requirement of accreditation
pursuant to a determination made under section 30(1)(f) of
that Act, it is accredited under section 30(1)(h) of that Act.”
Freedom of Information Act 2000 (c. 36)
23
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
10
bodies and offices: general) for “The Qualifications and Curriculum
Authority” substitute “The Qualifications and Curriculum Development
Agency”.
Education Act 2002 (c. 32)
24
The Education Act 2002 is amended as follows.
15
25    (1)
Section 76 (interpretation of Part 6) is amended as follows.
      (2)
At the beginning insert “(1)”.
      (3)
In the definition of “assess” omit “examine and”.
      (4)
In the definition of “assessment arrangements” for the words from “for the
purpose” to the end substitute “for the specified purposes”.
20
      (5)
At the end insert—
“(2)
In subsection (1) “the specified purposes”, in relation to assessment
arrangements for a key stage, means—
(a)
the purpose of ascertaining what pupils have achieved in
relation to the attainment targets for that stage, and
25
(b)
such other purposes as the Secretary of State may by order
specify.”
26
In section 85(6) (curriculum requirements for the fourth key stage) for
“Qualifications and Curriculum Authority” substitute “Qualifications and
Curriculum Development Agency”.
30
27
In section 85A(5) (entitlement areas for the fourth key stage) for
“Qualifications and Curriculum Authority” substitute “Qualifications and
Curriculum Development Agency”.
28    (1)
Section 87 (establishment of the National Curriculum for England by order)
is amended as follows.
35
      (2)
In subsection (5) for “published as specified” substitute “published by a
person, and in the manner, specified”.
      (3)
In subsection (7)—
(a)
omit the “and” at the end of paragraph (a);
(b)
after paragraph (b) insert—
40
“(c)
the Qualifications and Curriculum Development
Agency, and