Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

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).
5
(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
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.
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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
15
(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.
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
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”).
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(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
20
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—
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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—
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“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).