|
| |
|
154 | Powers to require information |
| |
(1) | Ofqual may at any time require a person falling within subsection (2) to |
| |
provide it with any information which Ofqual considers it necessary or |
| |
expedient to have for the purposes of, or in connection with, the performance |
| |
by Ofqual of its function under section 153(1). |
| 5 |
| |
(a) | the Secretary of State; |
| |
(b) | an NC responsible body; |
| |
(c) | Her Majesty’s Chief Inspector of Education, Children’s Services and |
| |
| 10 |
(d) | any other person specified or of a description specified in regulations. |
| |
(3) | Ofqual may at any time require a person falling within subsection (4) to |
| |
provide it with any information which Ofqual considers it necessary or |
| |
expedient to have for the purposes of, or in connection with, the performance |
| |
by Ofqual of its function under section 153(2). |
| 15 |
| |
(a) | the Secretary of State; |
| |
(b) | an EYFS responsible body; |
| |
(c) | Her Majesty’s Chief Inspector of Education, Children’s Services and |
| |
| 20 |
(d) | any other person specified or of a description specified in regulations. |
| |
| |
“EYFS responsible body” means a person who under or by virtue of an |
| |
order made under section 39(1)(a) of the Childcare Act 2006 (c. 21) has |
| |
functions in relation to the development, implementation or |
| 25 |
monitoring of EYFS assessment arrangements; |
| |
“NC responsible body” means a person who under or by virtue of an |
| |
order made under section 87(3)(c) of the Education Act 2002 (c. 32) has |
| |
functions in relation to the development, implementation or |
| |
monitoring of NC assessment arrangements. |
| 30 |
155 | Duty to notify significant failings |
| |
(1) | If it appears to Ofqual that there is or is likely to be a significant failing in NC |
| |
assessment arrangements Ofqual must notify— |
| |
(a) | the Secretary of State, and |
| |
(b) | any NC responsible body whose act or omission appears to Ofqual to |
| 35 |
have contributed to the significant failing. |
| |
(2) | If it appears to Ofqual that there is or is likely to be a significant failing in EYFS |
| |
assessment arrangements Ofqual must notify— |
| |
(a) | the Secretary of State, and |
| |
(b) | any EYFS responsible body whose act or omission appears to Ofqual to |
| 40 |
have contributed to the significant failing. |
| |
(3) | There is a significant failing in NC assessment arrangements or (as the case |
| |
may be) EYFS assessment arrangements if, as a result of the way in which the |
| |
arrangements are being developed or implemented, they fail in a significant |
| |
way to achieve one or more of the specified purposes of the arrangements. |
| 45 |
|
| |
|
| |
|
| |
156 | NC assessments regulatory framework |
| |
(1) | Ofqual must prepare and publish a document (“the NC assessments regulatory |
| |
| |
(a) | contains a description of how Ofqual intends to perform its function |
| 5 |
under section 153(1), and |
| |
(b) | gives guidance to NC responsible bodies about the performance of |
| |
their functions in relation to NC assessment arrangements. |
| |
| |
(a) | may from time to time revise the NC assessments regulatory |
| 10 |
| |
(b) | if it does so, it must publish the revised version. |
| |
(3) | Before publishing the NC assessments regulatory framework or a revised |
| |
version of it, Ofqual must consult— |
| |
(a) | the Secretary of State, and |
| 15 |
(b) | such NC responsible bodies and other persons as it considers |
| |
| |
(4) | An NC responsible body must have regard to the NC assessments regulatory |
| |
framework in performing its functions in relation to NC assessment |
| |
| 20 |
157 | EYFS assessments regulatory framework |
| |
(1) | Ofqual must prepare and publish a document (“the EYFS assessments |
| |
regulatory framework”) which— |
| |
(a) | contains a description of how Ofqual intends to perform its function |
| |
under section 153(2), and |
| 25 |
(b) | gives guidance to EYFS responsible bodies about the performance of |
| |
their functions in relation to EYFS assessment arrangements. |
| |
| |
(a) | may from time to time revise the EYFS assessments regulatory |
| |
| 30 |
(b) | if it does so, it must publish the revised version. |
| |
(3) | Before publishing the EYFS assessments regulatory framework or a revised |
| |
version of it, Ofqual must consult— |
| |
(a) | the Secretary of State, and |
| |
(b) | such EYFS responsible bodies and other persons as it considers |
| 35 |
| |
(4) | An EYFS responsible body must have regard to the EYFS assessments |
| |
regulatory framework in performing its functions in relation to EYFS |
| |
| |
|
| |
|
| |
|
| |
158 | Interpretation of Chapter |
| |
| |
“EYFS assessment arrangements” has the meaning given by section 128; |
| |
“EYFS responsible body” has the meaning given by section 154; |
| 5 |
“NC assessment arrangements” has the meaning given by section 128; |
| |
“NC responsible body” has the meaning given by section 154. |
| |
| |
| |
159 | Provision of services |
| 10 |
(1) | Ofqual may, in connection with any of its functions, provide services to any |
| |
person (whether or not in the United Kingdom). |
| |
(2) | Services provided by virtue of this section may be provided on such terms and |
| |
subject to such conditions (if any) as Ofqual may determine. |
| |
(3) | Ofqual may charge a fee for, or in connection with, any service provided by virtue of |
| 15 |
| |
160 | Provision of information or advice |
| |
(1) | If requested to do so by the Secretary of State, Ofqual must provide the |
| |
Secretary of State with information or advice on such matters relating to any of |
| |
its functions as may be specified in the request. |
| 20 |
(2) | If requested to do so by the Department for Employment and Learning in |
| |
Northern Ireland, Ofqual must provide the Department with information or |
| |
advice on such matters relating to any of its functions (so far as they relate to |
| |
Northern Ireland) as may be specified in the request. |
| |
161 | Research and development |
| 25 |
(1) | Ofqual may carry out programmes of research and development for purposes |
| |
| |
(a) | qualifications to which this Part applies, or |
| |
(b) | regulated assessment arrangements. |
| |
(2) | Ofqual may commission, co-ordinate or facilitate the carrying out of |
| 30 |
programmes of research and development for the purposes mentioned in |
| |
| |
162 | Annual and other reports |
| |
(1) | As soon as reasonably practicable after the end of each reporting period Ofqual |
| |
must prepare and publish a report for the period (“the annual report”). |
| 35 |
(2) | The annual report must state how Ofqual has performed its functions in the |
| |
| |
|
| |
|
| |
|
(3) | If arrangements of the kind mentioned in section 143(2) (arrangements for |
| |
referral of complaints to an independent party) were in place during the |
| |
reporting period, the annual report must include a description of the activities |
| |
of the independent party during the reporting period. |
| |
| 5 |
(a) | lay a copy of each annual report before Parliament; |
| |
(b) | (so far as it relates to Northern Ireland) lay a copy of each annual report |
| |
before the Northern Ireland Assembly. |
| |
(5) | Ofqual may prepare and publish other reports on matters relating to its |
| |
| 10 |
(6) | If Ofqual prepares and publishes a report under subsection (5) it may— |
| |
(a) | lay a copy of the report before Parliament; |
| |
(b) | (so far as it relates to Northern Ireland) lay a copy of the report before |
| |
the Northern Ireland Assembly. |
| |
(7) | Ofqual may comply with subsection (1) by preparing and publishing a single |
| 15 |
document or separate documents in relation to England and to Northern |
| |
| |
(8) | In this section “reporting period” means— |
| |
(a) | the period (being not longer than 12 months) beginning with the day on |
| |
which section 124 comes into force and ending on such date as Ofqual |
| 20 |
| |
(b) | each successive period of 12 months. |
| |
| |
| |
163 | Interpretation of Part |
| 25 |
| |
“institution within the higher education sector”— |
| |
(a) | in relation to England, has the same meaning as in the |
| |
Education Act 1996 (c. 56) (see section 4(4) of that Act); |
| |
(b) | in relation to Northern Ireland, has the same meaning as in |
| 30 |
Article 30 of the Education and Libraries (Northern Ireland) |
| |
Order 1993 (S.I. 1993/2810 (N.I. 12)); |
| |
“Ofqual” means the Office of Qualifications and Examinations |
| |
| |
“qualification to which this Part applies” has the meaning given by |
| 35 |
| |
“regulated assessment arrangements” has the meaning given by section |
| |
| |
“regulated qualification” has the meaning given by section 127; |
| |
“the specified purposes”, in relation to regulated assessment |
| 40 |
arrangements, has the meaning given by section 128. |
| |
(2) | In this Part a reference to the award or authentication of a qualification |
| |
| |
|
| |
|
| |
|
(a) | the award or authentication of credits in respect of components of a |
| |
| |
(b) | the award or authentication of a qualification by a body either alone or |
| |
| |
(3) | In this Part a reference to recognition, or being recognised, in respect of a |
| 5 |
qualification is a reference to recognition, or being recognised, under section |
| |
129 in respect of the award or authentication of the qualification or of a |
| |
description of qualification which applies to the qualification. |
| |
| |
Schedule 10 contains provision for the transfer of staff, property, rights and |
| 10 |
liabilities from the body to be known as the Qualifications and Curriculum |
| |
Development Agency to Ofqual. |
| |
165 | Minor and consequential amendments |
| |
Schedule 12 contains minor and consequential amendments relating to the |
| |
provision made by this Part (and Part 8). |
| 15 |
| |
The Qualifications and Curriculum Development Agency |
| |
| |
The QCDA, objective and general duties |
| |
| 20 |
166 | The Qualifications and Curriculum Development Agency |
| |
(1) | The body corporate originally established under section 21 of the Education |
| |
Act 1997 (c. 44) as the Qualifications and Curriculum Authority is to continue |
| |
in existence but is to be known instead as the Qualifications and Curriculum |
| |
| 25 |
(2) | In this Part the Qualifications and Curriculum Development Agency is |
| |
referred to as “the QCDA”. |
| |
(3) | Schedule 11 makes further provision about the QCDA. |
| |
Objective and general duties |
| |
| 30 |
The QCDA’s objective is to promote quality and coherence in education and |
| |
| |
| |
(1) | So far as reasonably practicable, in performing its functions the QCDA must |
| |
| 35 |
|
| |
|
| |
|
(a) | which is compatible with its objective, and |
| |
(b) | which it considers most appropriate for the purpose of meeting its |
| |
| |
(2) | So far as relevant, in performing its functions the QCDA must have regard to— |
| |
(a) | the reasonable requirements of learners, including persons with |
| 5 |
| |
(b) | the reasonable requirements of industry, commerce, finance, the |
| |
professions and other employers regarding education and training |
| |
(including required standards of practical competence); |
| |
(c) | the reasonable requirements of institutions within the higher education |
| 10 |
| |
(d) | the requirements of section 78 of the Education Act 2002 (c. 32) (general |
| |
requirements in relation to curriculum); |
| |
(e) | information provided to it by a person falling within subsection (3); |
| |
(f) | the desirability of facilitating innovation. |
| 15 |
(3) | The persons falling within this subsection are— |
| |
(a) | the Office of Qualifications and Examinations Regulation; |
| |
(b) | Her Majesty’s Chief Inspector of Education, Children’s Services and |
| |
| |
(c) | such other persons, or persons of such a description, as the Secretary of |
| 20 |
| |
(4) | In performing its functions the QCDA must also have regard to such aspects of |
| |
government policy as the Secretary of State may direct. |
| |
(5) | The QCDA must perform its functions efficiently and effectively. |
| |
| 25 |
“learner” means a person who is, or may reasonably be expected to be, in |
| |
receipt of education or training; |
| |
“persons with learning difficulties” has the same meaning as in section |
| |
| |
| 30 |
Functions in relation to qualifications |
| |
169 | Qualifications within the QCDA’s remit |
| |
(1) | For the purposes of this Part a qualification is within the QCDA’s remit if— |
| |
(a) | it is an academic or vocational qualification awarded or authenticated |
| |
| 35 |
(b) | it is not an excluded qualification. |
| |
(2) | But the Secretary of State may by order provide that a specified qualification, |
| |
or qualifications of a specified description, despite falling within subsection |
| |
(1), is or are outside the QCDA’s remit for the purposes of this Part. |
| |
(3) | For the purposes of subsection (1) a qualification is awarded or authenticated |
| 40 |
in England 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. |
| |
|
| |
|
| |
|
(4) | 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. |
| |
170 | Qualifications: general functions |
| 5 |
(1) | The QCDA must keep under review all aspects of qualifications within its |
| |
| |
| |
(a) | may advise the Secretary of State on matters concerning qualifications |
| |
| 10 |
(b) | must advise the Secretary of State on any such matters which are |
| |
referred to the QCDA by the Secretary of State. |
| |
(3) | The QCDA may and, if requested to do so by the Secretary of State, must— |
| |
(a) | carry out programmes of research and development for purposes |
| |
connected with qualifications within its remit, or |
| 15 |
(b) | commission, co-ordinate or facilitate the carrying out of such |
| |
| |
(4) | The QCDA may publish and disseminate, or facilitate the publication or other |
| |
dissemination of, information relating to qualifications within its remit. |
| |
(5) | The QCDA may make arrangements (whether or not with others) for the |
| 20 |
development, setting or administration of tests or tasks— |
| |
(a) | which are undertaken with a view to obtaining any qualification within |
| |
the QCDA’s remit which is not assessed under regulated assessment |
| |
| |
(b) | which are of a prescribed description. |
| 25 |
171 | Assistance etc. in relation functions of Ofqual |
| |
(1) | The QCDA may, if requested to do so by Ofqual, provide information, advice |
| |
or other assistance to Ofqual in connection with the performance by Ofqual of |
| |
its qualifications functions. |
| |
(2) | The power under subsection (1) includes in particular power to assist Ofqual |
| 30 |
in setting the qualifications criteria. |
| |
| |
“Ofqual” means the Office of Qualifications and Examinations |
| |
| |
“the qualifications criteria” means the criteria required to be set by Ofqual |
| 35 |
| |
(a) | section 130 (criteria for recognition of awarding bodies), |
| |
(b) | section 137 (criteria for accreditation of qualifications subject to |
| |
the accreditation requirement), and |
| |
(c) | section 140 (criteria in connection with the assignment of |
| 40 |
number of hours of guided learning); |
| |
“qualifications functions” means functions in connection with |
| |
qualifications to which Part 7 applies (see section 127). |
| |
|
| |
|