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| Clause 130, page 75, line 22, after ‘consult’, insert ‘recognised awarding bodies |
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| Clause 131, page 75, line 30, at end insert— |
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| | ‘(c) | recognition in respect of credits in respect of different components of |
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| | qualifications or different descriptions of components of qualifications.’. |
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| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 442. |
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| Clause 131, page 75, line 31, leave out ‘from time to time’. |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 290. |
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| Clause 133, page 76, line 31, leave out ‘a person’ and insert ‘— |
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| | Member’s explanatory statement
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| | This amendment and amendment 445 clarify that review arrangements made under clause 133 |
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| | may provide for decisions on a review to be made either by an individual who is not a member of |
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| | Ofqual or its staff or by a body none of whose members is such a person. |
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| Clause 133, page 76, line 32, at end insert ‘, or |
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| | (ii) | a body none of whose members is a member of Ofqual or |
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| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 444. |
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| Clause 133, page 76, line 39, leave out ‘from time to time’. |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 290. |
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| Clause 134, page 77, line 6, leave out from ‘require’ to end of line 8 and insert ‘an |
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| authorised person to be given permission to do anything that a person authorised by a |
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| provision of Part 1 of the Education Act 2005 (c. 18) to inspect documents could do by |
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| virtue of section 58 of that Act (computer records).’. |
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| Member’s explanatory statement
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| This amendment clarifies that Ofqual may set an “entry and inspection condition” that allows a |
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| person authorised by Ofqual to inspect and copy electronic records in the same way as a person |
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| would be able to do if authorised under section 58 of the Education Act 2005. |
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| Clause 135, page 77, line 20, leave out ‘from time to time’. |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 290. |
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| Clause 136, page 77, line 30, leave out from beginning to first ‘the’ in line 34 and |
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| | ‘(1) | Where a qualification is subject to the accreditation requirement Ofqual must |
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| | accredit a particular form of the qualification if— |
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| | (a) | that form of the qualification has been submitted for accreditation by a |
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| | recognised body which is recognised in respect of the qualification, and |
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| | Member’s explanatory statement
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| | This amendment ensures the function of accrediting qualifications applies to each form of a |
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| | qualification which requires accreditation rather than the qualification as a whole. The effect is |
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| | that an awarding body must obtain accreditation for each form of such a qualification which it |
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| | proposes to award or authenticate. |
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| Clause 136, page 77, line 35, at end insert— |
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| | ‘( ) | Ofqual may not accredit a form of a qualification if the requirements set out in |
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| | paragraphs (a) and (b) of subsection (1) are not met in respect of that form of the |
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| | ( ) | An accreditation under this section has effect from such date as Ofqual may |
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| | Member’s explanatory statement
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| | This amendment clarifies that Ofqual must accredit a form of a qualification if it meets the relevant |
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| | requirements, but not otherwise; and that it is for Ofqual to specify the date on which an |
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| | accreditation comes into force (which may be later than the decision to accredit). |
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| Clause 136, page 77, line 36, leave out ‘the accreditation of a qualification’ and |
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| insert ‘accreditation under this section’. |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 447. This amendment is consequent on that |
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| Clause 136, page 77, line 39, at end add ‘and must establish, at the request of the |
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| applicant, arrangements for the review of that decision.’. |
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| Clause 137, page 78, line 2, leave out from ‘for’ to end of line 3 and insert |
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| ‘accreditation under section 136.’. |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 447. This amendment is consequent on that |
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| Clause 137, page 78, line 6, leave out ‘from time to time’. |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 290. |
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| Clause 137, page 78, line 8, after ‘consult’, insert ‘relevant recognised awarding |
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| Clause 137, page 78, line 9, at end add ‘and must include in such consultations |
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| representatives of the higher education sector and representatives of business.’. |
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| Clause 137, page 78, line 9, at end add— |
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| | ‘(6) | If Ofqual revises the criteria under this section which are applicable to a form of |
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| | a qualification which is accredited under section 136, the accreditation ceases to |
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| | have effect on the date specified by Ofqual. |
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| | (7) | Ofqual may vary the date specified under subsection (6) at any time before the |
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5 | | |
| | (8) | Ofqual may determine that subsection (6) does not apply in relation to a specified |
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| | (9) | Ofqual must publish a determination made under subsection (8). |
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| | (10) | Ofqual may make saving or transitional provision in connection with the |
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10 | | accreditation of a form of a qualification ceasing to have effect under |
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| | Member’s explanatory statement
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| | This amendment provides that if Ofqual revises accreditation criteria applicable to a form of a |
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| | qualification which has been accredited, that accreditation ceases on a date specified by Ofqual, |
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| | unless Ofqual determines otherwise. Ofqual may make saving or transitional provision about a |
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| | form of qualification ceasing to be accredited. |
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| | As an Amendment to Jim Knight’s proposed Amendment (No. 451):— |
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| Line 9, leave out ‘may’ and insert ‘must’. |
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| Clause 137, page 78, line 9, at end add— |
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| | ‘(6) | In establishing accreditation criteria for qualifications, Ofqual must have regard |
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| | to the desirability of raising standards whenever possible.’. |
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| Clause 138, page 78, line 12, after ‘may’, insert ‘in exceptional circumstances’. |
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| Clause 138, page 78, line 16, leave out ‘relation to’ and insert ‘respect of’. |
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| Member’s explanatory statement
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| This is a technical drafting amendment to achieve consistency with the wording of clause 138(1). |
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| Clause 138, page 78, line 22, leave out from ‘must’ to end of line 23 and insert |
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| ‘agree with Ofqual the circumstances in which he can use the power conferred by |
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| subsection (1), and publish the terms of this agreement.’. |
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| Clause 138, page 78, line 22, leave out ‘this section’ and insert ‘subsection (1)’. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 458. |
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| Clause 138, page 78, line 23, at end insert— |
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| | ‘(4A) | Ofqual shall include it its annual report a copy of the publication in subsection (4) |
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| | and how it responded to the determination.’. |
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| Clause 138, page 78, line 23, at end insert— |
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| | ‘( ) | Subsection (5) applies in relation to a qualification or description of qualification |
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| | in respect of which a determination under subsection (1) has effect.’. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 458. |
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| Clause 138, page 78, line 24, leave out ‘or 137 in relation to a’ and insert ‘, 131 or |
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| Member’s explanatory statement
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| This amendment adds Ofqual’s functions under clause 131 (power to set general conditions) to the |
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| list of functions which Ofqual must exercise for the purposes of implementing a determination |
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| made under clause 138(1). |
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| Clause 138, page 78, line 25, leave out ‘to which a determination under this section |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 458. |
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| Clause 138, page 78, line 27, at end add— |
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| | ‘(5A) | Ofqual must set a minimum requirement in respect of an academic qualification |
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| | relating to the knowledge a person must demonstrate in order to obtain the |
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| | qualification or qualifications in question.’. |
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| Clause 138, page 78, line 30, leave out ‘or will’ and insert ‘, will be or may |
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| reasonably be expected to’. |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 436. |
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| Clause 138, page 78, line 31, at end insert— |
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| | ‘(7) | The Secretary of State must not make a determination under subsection (1) |
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| | relating to the grading or assessment of qualifications.’. |
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| Clause 138, page 78, line 31, at end insert— |
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| | ‘( ) | A determination made under subsection (1) may be amended or revoked by the |
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| | Secretary of State; and subsection (4) applies to the amendment of a |
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| | determination as it applies to the making of a determination.’. |
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| | Member’s explanatory statement
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| | This amendment gives the Secretary of State the power to amend or revoke a determination made |
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| | under clause 138(1). If a determination is amended, it must be published as revised and notice of |
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| Page 78, line 11, leave out Clause 138. |
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| Clause 139, page 78, line 33, leave out ‘regulated qualification’ and insert |
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| ‘particular form of a qualification in respect of which it is recognised’. |
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| Member’s explanatory statement
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| This amendment and amendment 462 ensure that where a body is recognised in respect of a |
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| qualification which is relevant for 2008 Act purposes, it must assign guided learning hours to each |
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| individual form of the qualification awarded by it, such as a particular version of GCSE English. |
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| Clause 139, page 78, line 35, leave out ‘regulated’. |
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| Member’s explanatory statement
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| This amendment corrects a misuse of the term “regulated qualification” and clarifies that whether |
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| a qualification is relevant for 2008 Act purposes is to be determined in relation to the qualification |
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| as a whole and not in relation to individual forms of the qualification. |
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| Clause 139, page 78, line 38, leave out ‘regulated’. |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 460. This amendment is consequent on that |
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