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
Part 4 — The Chief Executive of Skills Funding
Chapter 4 — General
68

(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.
Chapter 4
General
118
Interpretation of Part
(1)
In this Part—
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“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
any enactment;
“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
reference to—
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(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
reference to—
(a)
training falling within section 80(1),
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(b)
training falling within section 92(1)(b), and
(c)
organised leisure-time occupation in connection with training falling
within section 92(1)(b).
(4)
For the purposes of this Part a person is subject to learning difficulty
assessment if—
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(a)
a learning difficulty assessment has been conducted in respect of the
person, or
(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
order of court)) and—
(a)
aged 19 or over, or
(b)
aged under 19 and detained in—
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(i)
a young offender institution, or part of such an institution, that
is used wholly or mainly for the detention of persons aged 18
and over, or
(ii)
a prison.

Apprenticeships, Skills, Children and Learning Bill
Part 5 — Parts 2 to 4: supplementary
69

Part 5
Parts 2 to 4: supplementary
Information
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—
(a)
the Chief Executive;
(b)
the Young People’s Learning Agency;
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(c)
a local education authority in England;
(d)
a designated person;
(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).
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(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
capacity as such,
20

other than a function under this section.
(4)
In 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);
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“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);
or
30
(b)
exercising any function of the Chief Executive by virtue of
section 79(3).
(5)
Nothing in this section—
(a)
affects any power to disclose information that exists apart from this
section, or
35
(b)
authorises the disclosure of any information in contravention of any
provision made by or under any Act which prevents disclosure of the
information.

Apprenticeships, Skills, Children and Learning Bill
Part 6 — The sixth form college sector
70

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
persons.
10
Part 6
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
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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
subsection (5) insert—
“(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
compulsory school age.”
(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).

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 1 — Establishment, objectives and general duties
71

Part 7
The Office of Qualifications and Examinations Regulation
Chapter 1
Establishment, objectives and general duties
Establishment
5
124
The Office of Qualifications and Examinations Regulation
(1)
There is to be a body corporate known as the Office of Qualifications and
Examinations Regulation.
(2)
In this Part that body is referred to as “Ofqual”.
(3)
Schedule 9 makes further provision about Ofqual.
10
Objectives and general duties
125
Objectives
(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
qualifications—
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
comparable assessments.
(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

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 1 — Establishment, objectives and general duties
72

authenticating a regulated qualification in respect of the award or
authentication represent value for money.
126
General duties
(1)
So far as reasonably practicable, in performing its functions Ofqual must act in
a way—
5
(a)
which is compatible with its objectives, and
(b)
which it considers most appropriate for the purpose of meeting its
objectives.
(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
arrangements;
(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
sector;
(f)
information provided to Ofqual by a person falling within
subsection (4);
(g)
the desirability of facilitating innovation in connection with the
provision of regulated qualifications;
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(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
that—
(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
Skills;
(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.

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 1 — Establishment, objectives and general duties
73

(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
(b)
other persons who—
(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.
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(2)
This Part applies to any of the following qualifications which is not an excluded
qualification—
(a)
an academic or vocational qualification awarded or authenticated in
England;
(b)
a vocational qualification awarded or authenticated in Northern
25
Ireland.
(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
may be).
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.

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 2 — Functions in relation to qualifications
74

(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
purposes.
(4)
In subsection (3)—
“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.
Chapter 2
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Functions in relation to qualifications
Recognition of awarding bodies
129
Recognition
(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
question, and
(b)
the body meets the applicable criteria for recognition most recently
published under section 130.
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(2)
A recognition—
(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
of recognition or later.
(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.