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Apprenticeships, Skills, Children and Learning Bill


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

81

 

144     

Power to give directions

(1)   

Subsection (2) applies if it appears to Ofqual—

(a)   

that a recognised body has failed or is likely to fail to comply with any

condition to which the recognition is subject, and

(b)   

that the failure prejudices or would be likely to prejudice—

5

(i)   

the proper award or authentication by the body of any

qualification in respect of which the body is recognised, or

(ii)   

persons who might reasonably be expected to seek to obtain

such a qualification awarded or authenticated by the body.

(2)   

Ofqual may direct the recognised body to take or refrain from taking specified

10

steps with a view to securing compliance with the condition.

(3)   

Before giving a recognised body a direction under this section Ofqual must

give notice to the body of its intention to do so.

(4)   

The notice must—

(a)   

set out Ofqual’s reasons for proposing to give the direction, and

15

(b)   

specify the period during which, and the way in which, the recognised

body may make representations about the proposal.

(5)   

Ofqual must have regard to any representations made by the recognised body

during the period specified in the notice in deciding whether to give a direction

to the body.

20

(6)   

A recognised body must comply with a direction given to it under this section.

(7)   

A direction under this section is enforceable, on the application of Ofqual—

(a)   

in England and Wales, by a mandatory order, or

(b)   

in Northern Ireland, by an order of mandamus.

(8)   

A direction given under this section may be amended or revoked by Ofqual;

25

and subsections (3) to (5) apply to the amendment of a direction as it applies to

the giving of a direction.

145     

Power to withdraw recognition

(1)   

Subsection (2) applies if a recognised body has failed to comply with a

condition to which the recognition is subject.

30

(2)   

Ofqual may withdraw recognition from the recognised body in respect of the

award or authentication of a specified qualification or a specified description

of qualification if it appears to Ofqual that the failure mentioned in

subsection (1) prejudices or would be likely to prejudice—

(a)   

the proper award or authentication by the body of the qualification or

35

a qualification of the description in question, or

(b)   

persons who might reasonably be expected to seek to obtain the

qualification or a qualification of the description in question.

(3)   

Before withdrawing recognition from a recognised body in any respect Ofqual

must give notice to the body of its intention to do so.

40

(4)   

The notice must—

(a)   

set out Ofqual’s reasons for proposing to withdraw recognition from

the recognised body in the respect in question, and

 
 

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

82

 

(b)   

specify the period during which, and the way in which, the recognised

body may make representations about the proposal.

(5)   

Ofqual must have regard to any representations made by the recognised body

during the period specified in the notice in deciding whether to withdraw

recognition from the body in the respect in question.

5

(6)   

If Ofqual decides to withdraw recognition from a recognised body Ofqual—

(a)   

must give notice to the body of its decision and of the date on which the

withdrawal is to take effect, and

(b)   

may make saving or transitional provision.

(7)   

At any time before a withdrawal takes effect Ofqual may vary the date on

10

which it is to take effect by giving further notice to the recognised body.

(8)   

Ofqual must establish arrangements for the review, at the request of a

recognised body, of a decision to withdraw recognition under this section.

(9)   

The arrangements established under subsection (8)—

(a)   

must require the decision on review to be made by a person of

15

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

a member of Ofqual or Ofqual’s staff.

146     

Qualifications regulatory framework

(1)   

Ofqual must prepare and publish—

20

(a)   

a statement of how Ofqual intends to perform the monitoring and

enforcement functions, and

(b)   

guidance to recognised bodies in relation to the award and

authentication of regulated qualifications.

(2)   

The statement and guidance mentioned in subsection (1) are together referred

25

to in this section as “the qualifications regulatory framework”.

(3)   

Guidance under subsection (1)(b) must include guidance for the purpose of

helping to determine whether or not behaviour complies with the general

conditions to which a recognition is subject (see section 131).

(4)   

The guidance may in particular specify—

30

(a)   

descriptions of behaviour which Ofqual considers complies with a

general condition;

(b)   

descriptions of behaviour which Ofqual considers does not comply

with a general condition;

(c)   

factors which Ofqual will take into account in determining whether or

35

not a recognised body’s behaviour complies with a general condition.

(5)   

Ofqual—

(a)   

may from time to time revise the qualifications regulatory framework,

and

(b)   

if it does so, must publish the revised version.

40

(6)   

Before publishing the qualifications regulatory framework or a revised version

of it, Ofqual must consult such persons as it considers appropriate.

(7)   

A recognised body must have regard to guidance under subsection (1)(b) in

awarding or authenticating a qualification in respect of which it is recognised.

 
 

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

83

 

(8)   

In subsection (1) “the monitoring and enforcement functions” means—

(a)   

Ofqual’s power under section 129(2)(c) (power to impose other

conditions);

(b)   

Ofqual’s functions under sections 129(3) and 131 (functions in relation

to general conditions);

5

(c)   

Ofqual’s functions under an entry and inspection condition to which a

recognition is subject (see section 132);

(d)   

Ofqual’s functions under section 135(1) (power to determine that a

qualification is subject to the accreditation requirement);

(e)   

Ofqual’s functions under sections 142 to 145.

10

Other

147     

Review of qualifications to which Part applies

Ofqual may keep under review all aspects of qualifications to which this Part

applies.

148     

Co-operation and joint working

15

(1)   

Ofqual may co-operate or work jointly with another public authority where it

is appropriate to do so for the efficient and effective performance of Ofqual’s

qualifications functions.

(2)   

“Public authority” includes any person who performs functions (whether or

not in the United Kingdom) which are of a public nature.

20

(3)   

In this Chapter “qualifications functions” means functions in connection with

qualifications to which this Part applies.

149     

Power to provide information to other qualifications regulators

(1)   

Ofqual may provide information to another qualifications regulator for the

purpose of enabling or facilitating the performance of a relevant function of the

25

other regulator.

(2)   

For the purposes of this section—

(a)   

a qualifications regulator is a person who has functions in any part of

the United Kingdom which are similar to Ofqual’s qualifications

functions, and

30

(b)   

a function of a qualifications regulator is relevant function if it is similar

to a qualifications function of Ofqual.

(3)   

Nothing in this section—

(a)   

affects any power to disclose information that exists apart from this

section, or

35

(b)   

authorises the disclosure of 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 7 — The Office of Qualifications and Examinations Regulation
Chapter 3 — Functions in relation to assessment arrangements

84

 

General

150     

Interpretation of Chapter

(1)   

In this Chapter—

“awarding body” has the meaning given by section 129;

“entry and inspection condition” has the meaning given by section 132;

5

“fee capping condition” has the meaning given by section 132;

“Northern Ireland-only qualification” has the meaning given by section

138;

“number of hours of guided learning”, in relation to a qualification, has

the meaning given by section 139;

10

“qualifications functions” has the meaning given by section 148;

“recognised body” has the meaning given by section 129;

a “recognition” has the meaning given by section 129.

(2)   

For the purposes of this Chapter a qualification is subject to the accreditation

requirement if a determination by Ofqual that the qualification, or a

15

description of qualification which applies to the qualification, is to be subject

to that requirement has effect under section 135.

(3)   

For the purposes of this Chapter a qualification is relevant for 2008 Act

purposes if it falls within section 139(9).

Chapter 3

20

Functions in relation to assessment arrangements

Development etc. of regulated assessment arrangements

151     

NC assessment arrangements: duty to consult Ofqual etc.

(1)   

Section 87 of the Education Act 2002 (c. 32) (establishment of the National

Curriculum for England by order) is amended as follows.

25

(2)   

Before subsection (7) insert—

“(6A)   

Before making an order under subsection  (3)(c) the Secretary of

State—

(a)   

shall consult the Office of Qualifications and Examinations

Regulation, and

30

(b)   

may consult such other persons as the Secretary of State

considers appropriate.”

(3)   

After subsection (8) insert—

“(8A)   

An order under subsection (3)(c) which includes provision made by

virtue of subsection (8) shall provide that before making or revising the

35

assessment arrangements the person specified in the order—

(a)   

shall consult the Office of Qualifications and Examinations

Regulation, and

(b)   

may consult such other persons as that person considers

appropriate.”

40

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 3 — Functions in relation to assessment arrangements

85

 

(4)   

After subsection (12) (as inserted by paragraph 28 of Schedule 12) insert—

“(12A)   

An order under subsection (3)(c) which authorises a person to make

delegated supplementary provisions shall provide that before making,

amending or revoking any such provisions the person so authorised—

(a)   

shall consult the Office of Qualifications and Examinations

5

Regulation, and

(b)   

may consult such other persons as that person considers

appropriate.”

152     

EYFS assessment arrangements: duty to consult Ofqual etc.

(1)   

Section 42 of the Childcare Act 2006 (c. 21) (further provisions about

10

assessment arrangements) is amended as follows.

(2)   

Before subsection (1) insert—

“(A1)   

Before making a learning and development order specifying

assessment arrangements the Secretary of State—

(a)   

must consult the Office of Qualifications and Examinations

15

Regulation, and

(b)   

may consult such other persons as the Secretary of State

considers appropriate.”

(3)   

After subsection (3) insert—

“(3A)   

A learning and development order which includes provision made by

20

virtue of subsection (3) must provide that before making or revising the

assessment arrangements the person specified in the order—

(a)   

must consult the Office of Qualifications and Examinations

Regulation, and

(b)   

may consult such other persons as that person considers

25

appropriate.”

(4)   

After subsection (6A) (as inserted by paragraph 33 of Schedule 12) insert—

“(6AA)   

A learning and development order which authorises a person to make

delegated supplementary provisions must provide that before making,

amending or revoking any such provisions the person so authorised—

30

(a)   

must consult the Office of Qualifications and Examinations

Regulation, and

(b)   

may consult such other persons as that person considers

appropriate.”

Review etc. of regulated assessment arrangements

35

153     

Review of regulated assessment arrangements

(1)   

Ofqual must keep under review all aspects of NC assessment arrangements.

(2)   

Ofqual must keep under review all aspects of EYFS assessment arrangements.

 
 

 
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