|
| |
|
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 |
| |
| |
“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 |
| |
| |
|
| |
|
| |
|
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 |
| |
| |
10 | In section 29 (functions of the Welsh Ministers in relation to curriculum and |
| 5 |
assessment) for subsection (5) substitute— |
| |
| |
“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 |
| |
(c) | to publish and disseminate, and assist in the publication and |
| |
dissemination of, information relating to relevant |
| |
| |
(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 |
| |
| 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 |
| |
| |
(i) | to publish and disseminate, and assist in the publication and |
| 45 |
dissemination of, information relating to persons recognised |
| |
| |
|
| |
|
| |
|
(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 |
| |
| 5 |
| |
(a) | for “(1)(d)” substitute “(1)(g)”; |
| |
(b) | for “(e)” substitute “(h)”. |
| |
| |
(a) | in paragraph (a), for “(ca) and (cb)” substitute “(d) to (f) and (i)”; |
| 10 |
(b) | in paragraph (b), for “external” substitute “relevant”. |
| |
| |
(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.” |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
(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”. |
| |
| |
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 |
| |
(a) | the proper award or authentication by the person of the |
| |
qualification or a qualification of the description in question, |
| |
| |
(b) | persons who might reasonably be expected to seek to obtain |
| 40 |
the qualification or a qualification of the description in |
| |
| |
(3) | Subsection (4) applies if a recognised person who awards or |
| |
authenticates a qualification accredited by the Welsh Ministers has |
| |
|
| |
|
| |
|
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 |
| |
(a) | the proper award or authentication by the person of the |
| |
| |
(b) | persons who might reasonably be expected to seek to obtain |
| |
| 10 |
(5) | Before withdrawing recognition from a recognised person in any |
| |
respect the Welsh Ministers must give notice to the person of their |
| |
| |
| |
(a) | set out the Welsh Ministers’ reasons for proposing to |
| 15 |
withdraw recognition from the recognised person in the |
| |
| |
(b) | specify the period during which, and the way in which, the |
| |
recognised person may make representations about the |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
17 | In section 58(6) (short title, commencement and extent etc)— |
| |
(a) | omit the entries for— |
| 45 |
| |
|
| |
|
| |
|
(ii) | section 24(4), (6) and (7), |
| |
(iii) | sections 26 and 26A, and |
| |
| |
(b) | for “34 to 36” substitute “35”. |
| |
18 | Schedule 4 (the Qualifications and Curriculum Authority) ceases to have |
| 5 |
| |
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 |
| |
(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 |
| |
| |
(b) | in relation to Wales, has the same meaning as in section 30 of |
| |
| |
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. |
| |
| |
(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”. |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
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 |
| |
“(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 |
| |
| |
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) |
| |
| 35 |
(2) | In subsection (5) for “published as specified” substitute “published by a |
| |
person, and in the manner, specified”. |
| |
| |
(a) | omit the “and” at the end of paragraph (a); |
| |
(b) | after paragraph (b) insert— |
| 40 |
“(c) | the Qualifications and Curriculum Development |
| |
| |
|
| |
|