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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

203

 

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

206

 

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

 
 

 
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