Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Part 8 — The Qualifications and Curriculum Development Agency
Chapter 3 — Functions in relation to curriculum, Early Years Foundation Stage and assessment
93

Chapter 3
Functions in relation to curriculum, Early Years Foundation Stage and
assessment
172
Curriculum
(1)
The QCDA must keep under review all aspects of the curriculum.
5
(2)
The QCDA—
(a)
may advise the Secretary of State on matters concerning the
curriculum, and
(b)
must advise the Secretary of State on any such matters which are
referred to the QCDA by the Secretary of State.
10
(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 the curriculum, or
(b)
commission, co-ordinate or facilitate the carrying out of such
programmes.
15
(4)
The QCDA may publish and disseminate, or facilitate the publication or other
dissemination of, information relating to the curriculum.
(5)
In this Part “the curriculum” means the curriculum for—
(a)
pupils at maintained schools in England who have not ceased to be of
compulsory school age, and
20
(b)
pupils at maintained nursery schools in England.
173
Early learning goals and educational programmes
(1)
The QCDA must keep under review all aspects of the early learning goals and
educational programmes.
(2)
The QCDA—
25
(a)
may advise the Secretary of State on matters concerning the early
learning goals and educational programmes, and
(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—
30
(a)
carry out programmes of research and development for purposes
connected with the early learning goals and educational programmes,
or
(b)
commission, co-ordinate or facilitate the carrying out of such
programmes.
35
(4)
The QCDA may publish and disseminate, or facilitate the publication or other
dissemination of, information relating to the early learning goals and
educational programmes.
(5)
In this Part “the early learning goals and educational programmes” means the
requirements specified under section 39(1)(a) of the Childcare Act 2006 (c. 21)
40
by virtue of paragraphs (a) and (b) of section 41(2) of that Act.

Apprenticeships, Skills, Children and Learning Bill
Part 8 — The Qualifications and Curriculum Development Agency
Chapter 4 — Other functions and supplementary provision
94

174
Assessment arrangements
(1)
The QCDA must keep under review all aspects of assessment arrangements
within its remit which are not regulated assessment arrangements.
(2)
The QCDA—
(a)
may advise the Secretary of State on matters concerning assessment
5
arrangements within its remit, and
(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
10
connected with assessment arrangements within its remit, or
(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 assessment arrangements within its
15
remit.
(5)
For the purposes of this Part the following are assessment arrangements within
the QCDA’s remit—
(a)
regulated assessment arrangements;
(b)
arrangements which do not fall within paragraph (a) but which are for
20
tests and other assessments in respect of—
(i)
pupils at maintained schools in England who have not ceased to
be of compulsory school age, and
(ii)
pupils at maintained nursery schools in England.
Chapter 4
25
Other functions and supplementary provision
Other functions
175
Provision of services or other assistance
(1)
The QCDA may provide services or other assistance in connection with any of
the following—
30
(a)
qualifications within the QCDA’s remit;
(b)
the curriculum;
(c)
the early learning goals and educational programmes;
(d)
assessment arrangements within the QCDA’s remit.
(2)
The QCDA may, with the consent of the Secretary of State, also provide
35
services or other assistance which—
(a)
do not fall within subsection (1), but
(b)
are otherwise provided in connection with education or training in
England.
(3)
The QCDA may not lend money.
40

Apprenticeships, Skills, Children and Learning Bill
Part 8 — The Qualifications and Curriculum Development Agency
Chapter 4 — Other functions and supplementary provision
95

(4)
The power under subsection (1) may only be exercised to provide other forms
of financial assistance with the consent of the Secretary of State.
(5)
Services or other assistance provided by virtue of this section may be provided
on such terms and subject to such conditions (if any) as the QCDA may
determine.
5
(6)
The QCDA may, with the consent of the Secretary of State, charge a fee for, or in
connection with, any service or other assistance provided under this section.
(7)
Any consent of the Secretary of State required under this section may be
given—
(a)
unconditionally or subject to conditions, and
10
(b)
generally or specifically.
(8)
Services or other assistance may be provided under this section to any person
whether or not in the United Kingdom.
176
Provision of information or advice
(1)
The QCDA must advise the Secretary of State on any additional matters which
15
are referred to it by the Secretary of State.
(2)
An “additional matter” is a matter relating to the provision of education or
training in England other than one which may be referred to the QCDA under
section 170(2)(b), 172(2)(b), 173(2)(b) or 174(2)(b).
(3)
If requested to do so by the Secretary of State, the QCDA must provide the
20
Secretary of State with information on such matters relating to any of its
functions as may be specified in the request.
177
Ancillary activities
(1)
The QCDA must carry out such ancillary activities as the Secretary of State may
direct.
25
(2)
An ancillary activity is an activity which the Secretary of State considers it
appropriate for the QCDA to carry out for the purposes of, or in connection
with, any of its functions.
178
Co-operation and joint working
(1)
The QCDA may co-operate or work jointly with another public authority
30
where it is appropriate to do so for the efficient and effective performance of
any of the QCDA’s functions.
(2)
In this section “public authority” has the same meaning as in section 148.
179
Power to confer supplementary functions on the QCDA
(1)
The Secretary of State may by order confer supplementary functions on the
35
QCDA.
(2)
A supplementary function is a function which is to be performed in connection
with any of the following—
(a)
qualifications within the QCDA’s remit;
(b)
the curriculum;
40

Apprenticeships, Skills, Children and Learning Bill
Part 8 — The Qualifications and Curriculum Development Agency
Chapter 5 — General
96

(c)
the early learning goals and educational programmes;
(d)
assessment arrangements within the QCDA’s remit.
(3)
The Secretary of State must consult the QCDA before making an order under
this section.
Supplementary provision
5
180
Directions etc. by the Secretary of State
(1)
The Secretary of State may give the QCDA directions as to the performance of
any of its functions.
(2)
The QCDA must, in performing its functions, act in accordance with any plans
approved by the Secretary of State.
10
181
Guidance by the Secretary of State
The QCDA must, in performing its functions, have regard to any guidance
given from time to time by the Secretary of State.
Chapter 5
General
15
182
Interpretation of Part
(1)
In this Part—
“curriculum” has the meaning given by section 172;
“the early learning goals and educational programmes” has the meaning
given by section 173;
20
“education” includes the learning by, and development of, young
children pursuant to the learning and development requirements
within the meaning given by section 39(1)(a) of the Childcare Act 2006
(c. 21);
“maintained school” means—
25
(a)
a community, foundation or voluntary school, and
(b)
a community or foundation special school;
“the QCDA” means the Qualifications and Curriculum Development
Agency;
“regulated assessment arrangements” has the same meaning as in Part 7
30
(see section 128);
“young child” has the same meaning as in the Childcare Act 2006 (see
section 19 of that Act).
(2)
References in this Part to assessment arrangements within the QCDA’s remit
are to be construed in accordance with section 174.
35
(3)
References in this Part to qualifications within the QCDA’s remit are to be
construed in accordance with section 169.