|
| |
|
(3) | The Secretary of State may give directions under subsection (2) despite any |
| |
provision made by or under any Act making the performance of a function |
| |
dependent on the Chief Executive’s opinion. |
| |
(4) | Directions given under this section with respect to functions conferred on the |
| |
Chief Executive by or under this Part may not concern the provision of |
| 5 |
financial resources to a particular person or persons. |
| |
| |
| |
118 | Interpretation of Part |
| |
| 10 |
“apprenticeship agreement” has the meaning given by section 30(1); |
| |
“apprenticeship training” has the meaning given by section 80; |
| |
“functions of the office” means the functions of the Chief Executive under |
| |
| |
“learning difficulty assessment” means an assessment under section 139A |
| 15 |
or 140 of the Learning and Skills Act 2000 (c. 21) (assessments relating |
| |
to learning difficulties); |
| |
“organised leisure-time occupation” has the meaning given by section 92. |
| |
(2) | In this Part a reference to education within the Chief Executive’s remit is a |
| |
| 20 |
(a) | education falling within section 92(1)(a), and |
| |
(b) | organised leisure-time occupation in connection with such education. |
| |
(3) | In this Part a reference to training within the Chief Executive’s remit is a |
| |
| |
(a) | training falling within section 80(1), |
| 25 |
(b) | training falling within section 92(1)(b), and |
| |
(c) | organised leisure-time occupation in connection with training falling |
| |
| |
(4) | For the purposes of this Part a person is subject to learning difficulty |
| |
| 30 |
(a) | a learning difficulty assessment has been conducted in respect of the |
| |
| |
(b) | arrangements for a learning difficulty assessment to be conducted in |
| |
respect of the person have been made or are required to be made. |
| |
(5) | For the purposes of this Part a person is subject to adult detention if the person |
| 35 |
is subject to a detention order (within the meaning given in section 562(1A) of |
| |
the Education Act 1996 (c. 56) (Act not to apply to certain persons detained by |
| |
| |
| |
(b) | aged under 19 and detained in— |
| 40 |
(i) | a young offender institution, or part of such an institution, that |
| |
is used wholly or mainly for the detention of persons aged 18 |
| |
| |
| |
|
| |
|
| |
|
| |
Parts 2 to 4: supplementary |
| |
| |
119 | Sharing of information for education and training purposes |
| |
(1) | A person to whom this section applies may provide information to any other |
| 5 |
person to whom this section applies for the purpose of enabling or facilitating |
| |
the exercise of any relevant function. |
| |
(2) | This section applies to— |
| |
| |
(b) | the Young People’s Learning Agency; |
| 10 |
(c) | a local education authority in England; |
| |
| |
(e) | a member of the Chief Executive’s staff; |
| |
(f) | a member of staff of a designated person; |
| |
(g) | a person providing services to any person within paragraph (a) to (d). |
| 15 |
(3) | In subsection (1), “relevant function” means— |
| |
(a) | any function of the Chief Executive, |
| |
(b) | any function of the Young People’s Learning Agency, or |
| |
(c) | any function conferred on a local education authority in England in its |
| |
| 20 |
| other than a function under this section. |
| |
| |
“the Chief Executive” means the Chief Executive of Skills Funding; |
| |
“designated person” means a person by whom any function of the Chief |
| |
Executive is exercisable by virtue of section 79(1); |
| 25 |
“member of staff of a designated person” means a person— |
| |
(a) | appointed by a designated person to assist the designated |
| |
person in connection with the performance of any function |
| |
exercisable by the designated person by virtue of section 79(1); |
| |
| 30 |
(b) | exercising any function of the Chief Executive by virtue of |
| |
| |
(5) | Nothing in this section— |
| |
(a) | affects any power to disclose information that exists apart from this |
| |
| 35 |
(b) | authorises the disclosure of any information in contravention of any |
| |
provision made by or under any Act which prevents disclosure of the |
| |
| |
|
| |
|
| |
|
The Learning and Skills Council for England |
| |
120 | Dissolution of the Learning and Skills Council for England |
| |
(1) | The Learning and Skills Council for England ceases to exist on the day on |
| |
which this section comes into force. |
| |
(2) | Schedule 6 contains minor and consequential amendments in relation to the |
| 5 |
dissolution of the Learning and Skills Council for England. |
| |
121 | Dissolution of the Learning and Skills Council: transfer schemes |
| |
Schedule 7 contains provision about schemes for the transfer of staff, property, |
| |
rights and liabilities from the Learning and Skills Council for England to other |
| |
| 10 |
| |
The sixth form college sector |
| |
122 | Sixth form college sector |
| |
Schedule 8 makes provision about the sixth form college sector. |
| |
123 | Removal of power to establish sixth form schools |
| 15 |
(1) | In section 16 of the Education Act 1996 (c. 56) (power to establish etc. primary |
| |
and secondary schools) after subsection (3) insert— |
| |
“(3A) | A local education authority in England may not under subsection (1) |
| |
establish a school which is principally concerned with the provision of |
| |
full-time education suitable to the requirements of pupils who are over |
| 20 |
compulsory school age but under 19.” |
| |
(2) | The Education and Inspections Act 2006 (c. 40) is amended as follows. |
| |
(3) | In section 7 (invitation for proposals for establishment of new schools) after |
| |
| |
“(5A) | A local education authority may not publish under this section |
| 25 |
proposals within subsection (5)(b) for the establishment of a school |
| |
providing education suitable only to the requirements of persons above |
| |
| |
(4) | In section 10 (publication of proposals with consent of Secretary of State) in |
| |
subsection (1)(a) after “school” insert “, other than one providing education |
| 30 |
suitable only to the requirements of persons above compulsory school age”. |
| |
(5) | In section 11 (publication of proposals to establish maintained schools: special |
| |
cases) omit subsections (1)(b) and (2)(a). |
| |
|
| |
|
| |
|
| |
The Office of Qualifications and Examinations Regulation |
| |
| |
Establishment, objectives and general duties |
| |
| 5 |
124 | The Office of Qualifications and Examinations Regulation |
| |
(1) | There is to be a body corporate known as the Office of Qualifications and |
| |
| |
(2) | In this Part that body is referred to as “Ofqual”. |
| |
(3) | Schedule 9 makes further provision about Ofqual. |
| 10 |
Objectives and general duties |
| |
| |
(1) | Ofqual’s objectives are— |
| |
(a) | the qualifications standards objective, |
| |
(b) | the assessments standards objective, |
| 15 |
(c) | the public confidence objective, |
| |
(d) | the awareness objective, and |
| |
(e) | the efficiency objective. |
| |
(2) | The qualifications standards objective is to secure that regulated |
| |
| 20 |
(a) | give a reliable indication of knowledge, skills and understanding, and |
| |
(b) | indicate a consistent level of attainment (including over time) between |
| |
comparable regulated qualifications. |
| |
(3) | The assessments standards objective is to promote the development and |
| |
implementation of regulated assessment arrangements which— |
| 25 |
(a) | give a reliable indication of achievement, and |
| |
(b) | indicate a consistent level of attainment (including over time) between |
| |
| |
(4) | The public confidence objective is to promote public confidence in regulated |
| |
qualifications and regulated assessment arrangements. |
| 30 |
(5) | The awareness objective is to promote awareness and understanding of— |
| |
(a) | the different types of regulated qualifications available, |
| |
(b) | the benefits of regulated qualifications to learners, employers and |
| |
institutions within the higher education sector, and |
| |
(c) | the benefits of recognition under section 129 to bodies awarding or |
| 35 |
authenticating qualifications to which this Part applies. |
| |
(6) | The efficiency objective is to secure that regulated qualifications are provided |
| |
efficiently and in particular that any sums payable to a body awarding or |
| |
|
| |
|
| |
|
authenticating a regulated qualification in respect of the award or |
| |
authentication represent value for money. |
| |
| |
(1) | So far as reasonably practicable, in performing its functions Ofqual must act in |
| |
| 5 |
(a) | which is compatible with its objectives, and |
| |
(b) | which it considers most appropriate for the purpose of meeting its |
| |
| |
(2) | So far as relevant, in performing its functions Ofqual must have regard to— |
| |
(a) | the need to ensure that the number of regulated qualifications available |
| 10 |
for award or authentication is appropriate; |
| |
(b) | the other reasonable requirements of relevant learners, including |
| |
persons with learning difficulties; |
| |
(c) | the reasonable requirements of pupils and children, including persons |
| |
with learning difficulties, in relation to regulated assessment |
| 15 |
| |
(d) | the reasonable requirements of industry, commerce, finance, the |
| |
professions and other employers regarding education and training |
| |
(including required standards of practical competence); |
| |
(e) | the reasonable requirements of institutions within the higher education |
| 20 |
| |
(f) | information provided to Ofqual by a person falling within |
| |
| |
(g) | the desirability of facilitating innovation in connection with the |
| |
provision of regulated qualifications; |
| 25 |
(h) | the specified purposes of regulated assessment arrangements. |
| |
(3) | For the purposes of subsection (2)(a) the number of regulated qualifications |
| |
available for award or authentication is appropriate if the number is such |
| |
| |
(a) | there is a reasonable level of choice for learners, in terms of both the |
| 30 |
number of different types of regulated qualifications and the number of |
| |
regulated qualifications of each type, but |
| |
(b) | the number of different types of regulated qualifications in similar |
| |
subject areas or serving similar functions is not excessive. |
| |
(4) | The persons falling within this subsection are— |
| 35 |
(a) | the Qualifications and Curriculum Development Agency; |
| |
(b) | Her Majesty’s Chief Inspector of Education, Children’s Services and |
| |
| |
(c) | such other relevant persons, or relevant persons of such a description, |
| |
as the Secretary of State may direct. |
| 40 |
(5) | In subsection (4)(c) “relevant person” means a person who appears to the |
| |
Secretary of State to have knowledge of, or expertise in, requirements of a kind |
| |
mentioned in subsection (2)(d). |
| |
(6) | In performing its functions Ofqual must also have regard to such aspects of |
| |
government policy as the Secretary of State may direct. |
| 45 |
(7) | Ofqual must perform its functions efficiently and effectively. |
| |
|
| |
|
| |
|
(8) | “Persons with learning difficulties” means— |
| |
(a) | children with special educational needs (as defined in section 312 of the |
| |
Education Act 1996 (c. 56)), and |
| |
| |
(i) | have a significantly greater difficulty in learning than the |
| 5 |
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. |
| |
(9) | But a person is not to be taken to have a learning difficulty solely because the |
| 10 |
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. |
| |
(10) | “Relevant learner” means a person seeking to obtain, or who may reasonably |
| |
be expected to seek to obtain, a regulated qualification. |
| 15 |
Regulated qualifications and regulated assessment arrangements |
| |
127 | Meaning of “regulated qualifications” etc. |
| |
(1) | In this Part a “regulated qualification” means a qualification to which this Part |
| |
applies which is awarded or authenticated by a body which is recognised |
| |
under section 129 in respect of the qualification. |
| 20 |
(2) | This Part applies to any of the following qualifications which is not an excluded |
| |
| |
(a) | an academic or vocational qualification awarded or authenticated in |
| |
| |
(b) | a vocational qualification awarded or authenticated in Northern |
| 25 |
| |
(3) | An excluded qualification is a qualification awarded or authenticated by an |
| |
institution within the higher education sector— |
| |
(a) | at foundation degree level or any comparable level, or |
| |
(b) | at first degree level, or any comparable or higher level. |
| 30 |
(4) | For the purposes of subsection (2) a qualification is awarded or authenticated |
| |
in England or Northern Ireland if there are, or may reasonably be expected to |
| |
be, persons seeking to obtain the qualification who are or will be assessed for |
| |
those purposes wholly or mainly in England or Northern Ireland (as the case |
| |
| 35 |
(5) | The Secretary of State may by order repeal subsection (2)(b). |
| |
(6) | An order under subsection (5) may make amendments and repeals to a |
| |
provision of, or in an instrument made under, this or any other Act (including |
| |
any Act passed after this Act) in consequence of the repeal of subsection (2)(b). |
| |
(7) | Before making an order under subsection (5) the Secretary of State must |
| 40 |
consult the Department for Employment and Learning in Northern Ireland. |
| |
128 | Meaning of “regulated assessment arrangements” etc. |
| |
(1) | This section applies for the purposes of this Part. |
| |
|
| |
|
| |
|
(2) | “Regulated assessment arrangements” means— |
| |
(a) | NC assessment arrangements, and |
| |
(b) | EYFS assessment arrangements. |
| |
(3) | “NC assessment arrangements” means arrangements made under or by virtue |
| |
of an order made under section 87(3)(c) of the Education Act 2002 (c. 32) for |
| 5 |
assessing pupils in England in respect of each key stage for the specified |
| |
| |
| |
“assessing” includes testing; |
| |
“key stage” has the same meaning as in Part 6 of the Education Act 2002 |
| 10 |
(see section 76 of that Act). |
| |
(5) | “EYFS assessment arrangements” means arrangements made under or by |
| |
virtue of an order made under section 39(1)(a) of the Childcare Act 2006 (c. 21) |
| |
for assessing children in England for the specified purposes. |
| |
(6) | “The specified purposes” in relation to regulated assessment arrangements— |
| 15 |
(a) | if the arrangements are NC assessment arrangements, has the same |
| |
meaning as in section 76(1) of the Education Act 2002; |
| |
(b) | if the arrangements are EYFS assessment arrangements, has the same |
| |
meaning as in section 41(2)(c) of the Childcare Act 2006. |
| |
| 20 |
Functions in relation to qualifications |
| |
Recognition of awarding bodies |
| |
| |
(1) | Ofqual must recognise an awarding body in respect of the award or |
| |
authentication of a specified qualification, or description of qualification, to |
| 25 |
which this Part applies if (but only if)— |
| |
(a) | the awarding body has applied for recognition in the respect in |
| |
| |
(b) | the body meets the applicable criteria for recognition most recently |
| |
published under section 130. |
| 30 |
| |
(a) | is subject to the general conditions, |
| |
(b) | if in respect of a qualification subject to the accreditation requirement, |
| |
is subject to an accreditation condition, and |
| |
(c) | is subject to such other conditions that Ofqual may impose at the time |
| 35 |
| |
(3) | But Ofqual may, at the time of recognition or later, determine that a specified |
| |
recognition is not to be subject to a specified general condition. |
| |
(4) | An accreditation condition is a condition requiring that the recognised body |
| |
may award or authenticate a qualification subject to the accreditation |
| 40 |
requirement only if, at the time of the award or authentication, the qualification |
| |
is accredited under section 136. |
| |
|
| |
|