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| Clause 153, page 85, line 38, at end add— |
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| | ‘(3) | In reporting its conclusions on reviews conducted under this section, Ofqual shall |
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| | not be bound to have regard to government policies in relation to assessment |
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| Clause 155, page 86, line 45, at end add— |
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| | ‘(4) | If it appears to Ofqual that there is, or is likely to be, a significant failing in NC |
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| | assessment arrangements it must produce a public statement as soon as is |
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| | practicable which specifies— |
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| | (a) | the nature of the failing, and |
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| | (b) | the reasons for the occurrence of the failing, and |
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| | (c) | the actions it intends to take to rectify the failing.’. |
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| Clause 156, page 87, line 6, after ‘(1)’, insert ‘including a description of how it |
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| intends to maintain the academic standard of NC assessments’. |
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| Clause 156, page 87, line 10, 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 157, page 87, line 29, 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 162, page 88, line 37, at end insert ‘and the extent to which it met |
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| Clause 162, page 88, line 37, at end insert ‘and the outcome of the specific and |
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| measurable success criteria established in section 125(7)’. |
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| Clause 162, page 88, line 37, at end insert ‘how it performed in relation to its |
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| objectives, what its assessment is of changes in educational standards and performance |
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| since its last report, and how English educational standards and performance compare |
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| with those in other developed countries.’. |
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| Clause 162, page 89, line 8, at end insert— |
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| | ‘(4A) | No recommendations contained in the report referred to in subsection (4) shall be |
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| | implemented unless the report has been approved by a resolution of each House |
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| Clause 162, page 89, line 22, at end insert— |
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| | ‘(9) | Ofqual shall, before each financial year, publish a document (the “forward work |
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| | programme”) containing a description of the main activities which it plans to |
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| | undertake during the year and how these activities are intended to meet its |
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| | (10) | Before publishing the forward work programme for any year, Ofqual shall give a |
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| | (a) | containing a draft of the forward work programme, and |
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| | (b) | specifying the time within which representations or objections to the |
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| | proposals contained in it may be made, |
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| | | and shall consider any representations or objections which are made under |
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| Schedule 11, page 196, line 24, leave out ‘Secretary of State’ and insert ‘Children, |
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| Schools and Families Committee of the House of Commons.’. |
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| Schedule 11, page 197, line 29, leave out paragraph (c). |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 498. |
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| Schedule 11, page 201, line 24, leave out ‘this or any other’ and insert ‘any’. |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 291. |
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| Clause 167, page 90, line 31, leave out ‘coherence’ and insert ‘rigour’. |
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| Clause 168, page 91, line 15, at end insert— |
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| | ‘(g) | information provided to it by recognised awarding bodies.’. |
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| Clause 168, page 91, line 15, at end insert— |
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| | ‘(g) | the desirability of promoting the acquisition of academic knowledge.’. |
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| Clause 168, page 91, line 21, at end insert— |
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| | ‘(d) | persons whom, in the opinion of the Secretary of State, represent the |
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| | interests of employers or institutions within the higher education sector.’. |
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| Clause 169, page 91, line 37, leave out subsection (2). |
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| Clause 170, page 92, line 12, at end insert— |
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| | ‘(c) | must have regard to the importance of maintaining the rigour of academic |
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| Clause 170, page 92, line 20, leave out subsection (5). |
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| Member’s explanatory statement
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| This amendment removes an unnecessary power of the QCDA. Clause 170(5) makes explicit |
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| provision for the QCDA to develop, set or administer certain tests or tasks; but the QCDA could |
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| in any case do these things under clause 175. |
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| Clause 170, page 92, line 25, at end add— |
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| | ‘(6) | All qualifications which are approved by the QCDA and Ofqual must be funded |
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| | by the Secretary of State, notwithstanding any advice which may be given to the |
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| | Secretary of State by the Joint Advisory Commitee for Qualifications Approval |
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| Clause 171, page 92, line 27, leave out subsections (1) and (2) and insert— |
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| | ‘(1) | The QCDA must, if requested to do so by Ofqual, assist Ofqual in setting |
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| | qualifications criteria which relate to a qualification or description of |
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| | qualification in respect of which a determination under section 138(1) has effect. |
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| | (a) | assist Ofqual in setting qualifications criteria which do not fall within |
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| | (b) | provide other assistance, information or advice to Ofqual in connection |
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| | with the performance by Ofqual of any of its qualifications functions.’. |
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| | Member’s explanatory statement
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| | This amendment requires the QCDA, where requested by Ofqual, to assist in setting qualifications |
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| | criteria for a qualification covered by a determination under clause 138(1). It also enables the |
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| | QCDA generally to assist Ofqual in connection with its qualifications functions, including |
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| | assisting with setting qualifications criteria in other cases. |
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| Clause 171, page 92, line 32, at end insert— |
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| | ‘“assistance” does not include financial assistance (and “assist” is to be |
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| | construed accordingly);’. |
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| | Member’s explanatory statement
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| | This amendment prevents the QCDA from giving financial assistance to Ofqual when providing |
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| | assistance to Ofqual under clause 171. |
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| Clause 172, page 93, line 5, at end insert ‘and publish a review annually’. |
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| Clause 172, page 93, line 10, at end insert— |
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| | ‘(c) | must have regard to the importance of maintaining the academic rigour |
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| Clause 172, page 93, line 16, after ‘may’, insert ‘, with the permission of the |
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| Clause 172, page 93, line 17, at end insert— |
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| | ‘( ) | The QCDA may, with the permission of the Secretary of State, publish and |
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| | disseminate, or facilitate the publication or other dissemination of, information |
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| | relating to exemptions from the Early Years Foundation Stage.’. |
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| Clause 173, page 93, line 24, at end insert ‘, as defined by the Secretary of State.’. |
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| Clause 173, page 93, line 36, after ‘may’, insert ‘, with the permission of the |
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| Clause 174, page 94, line 3, leave out ‘which are not regulated assessment |
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| Member’s explanatory statement
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| This amendment provides that the QCDA has to keep under review all those assessment |
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| arrangements which fall within its remit, including regulated assessment arrangements. |
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| Clause 175, page 94, line 29, after ‘QCDA’, insert ‘with the permission of the |
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| Clause 175, page 95, line 13, at end insert— |
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| | ‘(9) | The powers under subsections (1) and (2) must not be exercised— |
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| | (a) | to assist Ofqual in setting qualifications criteria, or |
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| | (b) | to provide other assistance, information or advice to Ofqual in connection |
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| | with the performance by Ofqual of any of its qualifications functions. |
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| | (10) | In subsection (9) “Ofqual”, “qualifications criteria” and “qualifications |
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| | functions” have the same meanings as in section 171.’. |
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| | Member’s explanatory statement
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| | This amendment clarifies that the powers of the QCDA to provide services and other assistance |
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| | under clause 175 do not cover assistance to Ofqual in any circumstances within the scope of clause |
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| | 171 (which allows the QCDA to provide assistance to Ofqual in connection with that body’s |
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| | qualifications functions). |
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| Clause 178, page 95, line 33, leave out from ‘authority”’ to end and insert ‘includes |
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| any person who performs functions (whether or not in the United Kingdom) which are of |
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| Member’s explanatory statement
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| This amendment reproduces the definition of “public authority” in full, rather than cross-referring |
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| to the definition in clause 148. |
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