Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
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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.