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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 3 — Functions in relation to assessment arrangements

86

 

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).

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(2)   

The persons are—

(a)   

the Secretary of State;

(b)   

an NC responsible body;

(c)   

Her Majesty’s Chief Inspector of Education, Children’s Services and

Skills;

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).

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(4)   

The persons are—

(a)   

the Secretary of State;

(b)   

an EYFS responsible body;

(c)   

Her Majesty’s Chief Inspector of Education, Children’s Services and

Skills;

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(d)   

any other person specified or of a description specified in regulations.

(5)   

In this Chapter—

“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

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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.

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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

 
 

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

87

 

Regulatory frameworks

156     

NC assessments regulatory framework

(1)   

Ofqual must prepare and publish a document (“the NC assessments regulatory

framework”) which—

(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.

(2)   

Ofqual—

(a)   

may from time to time revise the NC assessments regulatory

10

framework, and

(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

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(b)   

such NC responsible bodies and other persons as it considers

appropriate.

(4)   

An NC responsible body must have regard to the NC assessments regulatory

framework in performing its functions in relation to NC assessment

arrangements.

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.

(2)   

Ofqual—

(a)   

may from time to time revise the EYFS assessments regulatory

framework, and

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

appropriate.

(4)   

An EYFS responsible body must have regard to the EYFS assessments

regulatory framework in performing its functions in relation to EYFS

assessment arrangements.

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 4 — Other functions

88

 

General

158     

Interpretation of Chapter

In this 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.

Chapter 4

Other functions

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

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this section.

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.

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(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

connected with—

(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

subsection (1).

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

reporting period.

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 5 — General

89

 

(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.

(4)   

Ofqual must—

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

functions.

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

Ireland.

(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

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decides;

(b)   

each successive period of 12 months.

Chapter 5

General

163     

Interpretation of Part

25

(1)   

In this Part—

“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

Regulation;

“qualification to which this Part applies” has the meaning given by

35

section 127;

“regulated assessment arrangements” has the meaning given by section

128;

“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

includes a reference to—

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 8 — The Qualifications and Curriculum Development Agency
Chapter 1 — The QCDA, objective and general duties

90

 

(a)   

the award or authentication of credits in respect of components of a

qualification, and

(b)   

the award or authentication of a qualification by a body either alone or

jointly with others.

(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.

164     

Transfer schemes

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

Part 8

The Qualifications and Curriculum Development Agency

Chapter 1

The QCDA, objective and general duties

The QCDA

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

Development Agency.

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

167     

Objective

30

The QCDA’s objective is to promote quality and coherence in education and

training in England.

168     

General duties

(1)   

So far as reasonably practicable, in performing its functions the QCDA must

act in a way—

35

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 8 — The Qualifications and Curriculum Development Agency
Chapter 2 — Functions in relation to qualifications

91

 

(a)   

which is compatible with its objective, and

(b)   

which it considers most appropriate for the purpose of meeting its

objective.

(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

learning difficulties;

(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

sector;

(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

Skills;

(c)   

such other persons, or persons of such a description, as the Secretary of

20

State may direct.

(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.

(6)   

In this section—

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

126.

Chapter 2

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

in England, and

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.

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 8 — The Qualifications and Curriculum Development Agency
Chapter 2 — Functions in relation to qualifications

92

 

(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

remit.

(2)   

The QCDA—

(a)   

may advise the Secretary of State on matters concerning qualifications

within its remit, and

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

programmes.

(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

arrangements, and

(b)   

which are of a prescribed description.

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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.

(3)   

In this section—

“Ofqual” means the Office of Qualifications and Examinations

Regulation;

“the qualifications criteria” means the criteria required to be set by Ofqual

35

under—

(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).

 
 

 
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