Public Bill Committee: 24 March 2009

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Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

303

Clause  181,  page  96,  line  13,  leave out ‘from time to time’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 290.

Mr David Laws

Stephen Williams

Annette Brooke

147

Clause  182,  page  96,  line  26,  after ‘school’, insert ‘or Academy’.

Jim Knight

Mr Siôn Simon

501

Schedule  12,  page  202,  line  7,  at end insert—

‘Local Authorities (Goods and Services) Act 1970 (c. 39)

(5)	Subject to sub-paragraph (6), in the Local Authorities (Goods and Services)

Act 1970 (supply of goods and services by local authorities to public bodies)

“public body” includes the Qualifications and Curriculum Development

Agency.

(6)	The provision in sub-paragraph (5) has effect as if made by an order made by

the Secretary of State under section 1(5) of that Act (power to provide that a

person is to be a public body for the purposes of the Act) and accordingly may

be varied or revoked by such an order.’.

Member’s explanatory statement

This amendment provides that the QCDA is to be a public body for the purposes of the 1970 Act.

It replaces a similar provision for the Qualifications and Curriculum Authority in the Education

Act 1997 (which is repealed by amendment 514).

Jim Knight

Mr Siôn Simon

502

Schedule  12,  page  202,  line  38,  at end insert—

‘Education Act 1996 (c. 56)

7A	The Education Act 1996 is amended as follows.

7B	In section 391(10) (functions of advisory councils) in paragraph (a) for

“Qualifications and Curriculum Authority” substitute “Qualifications and

Curriculum Development Agency”.

7C  (1)

Section 408 (provision of information) is amended as follows.

(2)	In subsection (1)(a) after “2002” insert “or the provisions of Parts 7 and 8 of

the Apprenticeships, Skills, Children and Learning Act 2009”.

(3)	In subsection (2)(e)—

Public Bill Committee: 24 March 2009

562

Apprenticeships, Skills, Children and Learning Bill, continued

(a)	for “external” substitute “relevant”;

(b)	after “2000)” insert “which are approved under section 98 or 99 of that

Act”.’.

Member’s explanatory statement

This amendment makes changes to the Education Act 1996 in consequence of the provisions in the

Bill about the QCDA and the amendments to the Learning and Skills Act 2000. It also limits the

duty under section 408 to those qualifications that have been approved for public funding.

Jim Knight

Mr Siôn Simon

503

Schedule  12,  page  203,  leave out lines 39 to 44 and insert—

‘(g)	in respect of relevant qualifications which are subject to that

requirement, to develop and publish criteria for the accreditation of

particular forms of any such qualifications;

(h)	where a relevant qualification is subject to that requirement, to

accredit a particular form of the qualification which meets such

criteria and is submitted for accreditation by a person recognised

under paragraph (e) in respect of the qualification;’.

Member’s explanatory statement

This amendment provides for the Welsh Ministers to develop criteria for the accreditation of, and

to accredit, different forms of a qualification in respect of which the Welsh Ministers have made a

determination under section 30(1)(f) of the Education Act 1997 (as inserted by the Bill).

Jim Knight

Mr Siôn Simon

504

Schedule  12,  page  204,  line  16,  leave out ‘section’ and insert ‘Chapter’.

Member’s explanatory statement

This amendment is consequent on amendment 507.

Jim Knight

Mr Siôn Simon

505

Schedule  12,  page  204,  line  25,  leave out ‘or will’ and insert ‘, will be or may

reasonably be expected to’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 436.

Jim Knight

Mr Siôn Simon

506

Schedule  12,  page  204,  line  27,  leave out ‘32B’ and insert ‘32C’.

Member’s explanatory statement

This amendment is consequent on amendment 512.

Jim Knight

Mr Siôn Simon

507

Schedule  12,  page  205,  line  19,  at end insert—

‘After section 32 insert—

Public Bill Committee: 24 March 2009

563

Apprenticeships, Skills, Children and Learning Bill, continued

“32ZA

Qualifications functions of Welsh Ministers: co-operation and joint

working etc.

(1)	The Welsh Ministers may co-operate or work jointly with a relevant

authority where it is appropriate to do so in connection with the

carrying out of any of their qualifications functions.

(2)	The Welsh Ministers may provide information to a relevant authority

for the purpose of enabling or facilitating the carrying out of a relevant

function of the authority.

(3)	Subject to subsection (4), the Welsh Ministers and any other relevant

authority may establish a committee jointly, and any committee so

established may establish sub-committees.

(4)	The Welsh Ministers may only exercise the power in subsection (3) if

they consider it appropriate to do so for the purpose of the carrying out

of any of their qualifications functions.

(5)	In this section a committee established under subsection (3) is referred

to as a “joint committee” and a sub-committee established under that

subsection is referred to as a “joint sub-committee”.

(6)	A joint committee and a joint sub-committee must include at least one

member of staff of the Welsh Assembly Government.

(7)	A joint committee may regulate—

(a)	its own procedure (including quorum), and

(b)	the procedure (including quorum) of any sub-committee

established by it.

(8)	The validity of proceedings of a joint committee or a joint sub-

committee is not affected by—

(a)	a vacancy, or

(b)	a defective appointment.

(9)	The Welsh Ministers may delegate any of their qualifications

functions to a joint committee to the extent and on the terms that they

determine.

(10)	A joint committee may delegate any of its functions to a sub-

committee established by it to the extent and on the terms that the joint

committee determines.

(11)	The powers of a joint committee under subsection (10) are subject to

the power of the Welsh Ministers and any other person with whom

they established the joint committee to direct (acting jointly) what the

committee may and may not do.

(12)	Nothing in subsection (2)—

(a)	affects any power to disclose information that exists apart

from that subsection, or

(b)	authorises the disclosure of information in contravention of

any provision made by or under any Act which prevents

disclosure of the information.

(13)	In this section—

“qualifications functions” means functions in connection with relevant

qualifications;

Public Bill Committee: 24 March 2009

564

Apprenticeships, Skills, Children and Learning Bill, continued

“relevant authority” means any person who carries out a function

(whether or not in the United Kingdom) which is similar to any of the

qualifications functions of the Welsh Ministers;

“relevant function” means a function which is similar to any of the

qualifications functions of the Welsh Ministers.”’.

Member’s explanatory statement

This new section for the Education Act 1997 allows the Welsh Ministers to co-operate, work jointly

and form joint committees with other relevant authorities whose functions are similar to any of the

qualifications functions of the Welsh Ministers (for example, Ofqual).

Jim Knight

Mr Siôn Simon

508

Schedule  12,  page  205,  line  26,  leave out ‘section 32B’ and insert ‘sections 32B

and 32C’.

Member’s explanatory statement

This amendment is consequent on amendment 512.

Jim Knight

Mr Siôn Simon

509

Schedule  12,  page  205,  line  42,  at end insert ‘awarded or authenticated by the

person’.

Member’s explanatory statement

This is a technical amendment. See Member’s explanatory statement for amendment 482.

Jim Knight

Mr Siôn Simon

510

Schedule  12,  page  206,  leave out lines 35 to 37.

Member’s explanatory statement

This is a technical amendment to remove an unnecessary provision. All decisions made in the name

of the Welsh Ministers are treated as decisions made by them.

Jim Knight

Mr Siôn Simon

511

Schedule  12,  page  206,  line  38,  leave out ‘that decision’ and insert ‘the decision on

review’.

Member’s explanatory statement

This amendment is consequent on amendment 510.

Jim Knight

Mr Siôn Simon

512

Schedule  12,  page  206,  line  39,  at end insert—

‘32C	Surrender of recognition

(1)	A recognised person may give notice to the Welsh Ministers that the

person wishes to cease to be recognised in respect of the award or

authentication of a specified qualification or description of

qualification.

Public Bill Committee: 24 March 2009

565

Apprenticeships, Skills, Children and Learning Bill, continued

(2)	As soon as reasonably practicable after receipt of a notice under

subsection (1) the Welsh Ministers must give notice to the recognised

person of the date on which the person is to cease to be recognised in

the respect in question (“the surrender date”).

(3)	In deciding the surrender date the Welsh Ministers must have regard

to the need to avoid prejudicing persons who are seeking, or might

reasonably be expected to seek, to obtain the qualification, or a

qualification of the description, specified in the notice under

subsection (1).

(4)	The Welsh Ministers may make saving or transitional provision in

connection with a recognised person ceasing to be recognised in any

respect by virtue of this section.”’.

Member’s explanatory statement

This amendment allows a recognised person to surrender recognition by giving notice to the Welsh

Ministers. The Welsh Ministers have the power to decide the date on which the surrender takes

effect (acting in accordance with the requirements of subsections (2) and (3)) and may make saving

or transitional provision.

Jim Knight

Mr Siôn Simon

513

Schedule  12,  page  206,  line  39,  at end insert—

‘In section 35(1) (transfer of staff) at the end insert “, known instead as the

Qualifications and Curriculum Development Agency from the day on which

section 166 of the Apprenticeships, Skills, Children and Learning Act 2009

comes into force”.’.

Member’s explanatory statement

This amendment makes a change to section 35 of the Education Act 1997 (which made provision

for the transfer of staff to the Qualifications and Curriculum Agency (QCA) when it was

established) to reflect the QCA’s change of name.

Jim Knight

Mr Siôn Simon

514

Schedule  12,  page  207,  line  6,  at end insert—

‘In Schedule 7 (minor and consequential amendments) omit paragraph 2.’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 501.

Public Bill Committee: 24 March 2009

566

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

515

Schedule  12,  page  212,  line  13,  at end insert—

‘Safeguarding Vulnerable Groups Act 2006 (c. 47)

In section 21(10) of the Safeguarding Vulnerable Groups Act 2006 (controlled

activity relating to children) in paragraph (d) for “Qualifications and

Curriculum Authority” substitute “Qualifications and Curriculum

Development Agency”.’.

Member’s explanatory statement

This amendment changes the reference to the Qualifications and Curriculum Agency (QCA) in the

Safeguarding Vulnerable Groups Act 2006 to reflect the QCA’s new name.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

75

Clause  184,  page  97,  leave out lines 18 to 20.

Mr David Laws

Stephen Williams

Annette Brooke

367

Clause  184,  page  97,  line  23,  at end insert—

‘(fe)

the management committee of a school falling within section 19(2B) of

the Education Act 1996 (c.56) (pupil referral units)’.

Mrs Maria Miller

Mr John Hayes

Mr Nick Gibb

Bill Wiggin

195

Clause  184,  page  97,  line  26,  at end insert—

‘(ff)

a short stay school within the area of the authority;

(fg)	a Sure Start Children’s Centre within the area of the authority;

(fh)	a representative of an extended school provider within the area of the

authority;

(fi)	general medical practitioners within the area of the authority.’.

Public Bill Committee: 24 March 2009

567

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

211

Clause  184,  page  97,  line  36,  at end insert—

‘(9A)

Arrangements under this section shall not diminish the powers of school leaders

in fulfilling their responsibilities for the day to day management of their school.’.

Mrs Maria Miller

Mr John Hayes

Mr Nick Gibb

Bill Wiggin

194

Clause  185,  page  98,  line  26,  at end insert—

‘(1A)

The Children’s Trust Board—

(a)	is responsible to the Children’s Services Director in the Children’s

Services Authority;

(b)	must provide information to the local strategic partnership and have

regard to its plan;

(c)	must inform the primary care trust chief executive of plans.’.

Mrs Maria Miller

Mr John Hayes

Mr Nick Gibb

Bill Wiggin

190

Clause  185,  page  98,  line  31,  at end insert—

‘(2A)

Children’s Trust Boards must seek and take account of the views of private,

voluntary and independent providers of children’s services when planning and

commissioning the provision of services.’.

Mrs Maria Miller

Mr John Hayes

Mr Nick Gibb

Bill Wiggin

191

Clause  185,  page  99,  line  33,  at end add—

‘(1A)

The establishing authority and their relevant partners must make payments to be

made to the Children’s Trust Board on a regular basis, as defined by that Board.’.

Mrs Maria Miller

Mr John Hayes

Mr Nick Gibb

Bill Wiggin

189

Clause  185,  page  100,  line  37,  after ‘plan’ insert ‘, which shall include children and

relevant young persons in the area of the authority’.

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Revised 24 March 2009