395

House of Commons

Notices of Amendments

given on

Tuesday 17 March 2009

For other Amendment(s) see the following page(s) of Supplement to Votes:

Apprenticeships, Skills, Children and Learning Bill Committee 325-94

Public Bill Committee

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Apprenticeships, Skills, Children and Learning Bill

Mr David Laws

Stephen Williams

Annette Brooke

424

Clause  186,  page  103,  leave out lines 7 to 11.

Mr David Laws

Stephen Williams

Annette Brooke

425

Clause  194,  page  112,  line  7,  at end insert—

‘(5A)

A person making a complaint under subsection (1) or, where the complainant is

a parent, a pupil who the complaint relates to, has the right not to be subjected to

any detriment by any act, or any deliberate failure to act, by the respondent on the

grounds of the complaint.’.

Children to be seen separately

Mr David Laws

Stephen Williams

Annette Brooke

NC21

To move the following Clause:—

‘After section 16 of the Children Act 2004 insert—

“16A	Children to be seen separately

(1)	The children’s services authority shall secure that, when any child who is

the subject of—

(a)	an investigation under section 47 of the Children Act 1989, or

Notices of Amendments: 17 March 2009

396

Apprenticeships, Skills, Children and Learning Bill, continued

(b)	a child protection plan agreed by the Local Safeguarding

Children Board is visited by his or her key worker,

the child shall if practicable and reasonable in the circumstances, be seen

separately from his or her parent or care-giver.

(2)	Where the child is not seen separately from his or her parent or care-giver

under subsection (1) the reasons for not doing so shall be recorded by the

key worker.

(3)	The key worker referred to in subsections (1) and (2) is—

(a)	in the case of subsection (1)(a) the lead social worker appointed

by the children’s services authority; and

(b)	in the case of subsection (1)(b), the key worker appointed by the

Local Safeguarding Children Board.”’.

Jim Knight

Mr Siôn Simon

426

Schedule  14,  page  218,  line  18,  leave out paragraph 4.

Member’s explanatory statement

This amendment reverses a restriction the Bill would have imposed in relation to some Welsh vol­

untary aided schools that were causing concern. The restriction would have prevented the dioce­

san or other appropriate authority from appointing additional governors if the local education

authority and Welsh Ministers had both already done so.

Mr David Laws

Stephen Williams

Annette Brooke

427

Clause  125,  page  71,  line  34,  leave out ‘and’.

Mr David Laws

Stephen Williams

Annette Brooke

428

Clause  125,  page  71,  line  36,  at end insert ‘, and

(d)	the range of criteria and indicators which underpin any attainment and

achievement tables published by Ofqual.’.

Achievement and attainment tables

Mr David Laws

Stephen Williams

Annette Brooke

NC22

To move the following Clause:—

‘Ofqual shall set and publish the criteria and indicators, including those for the

allocation of credit ratings, which shall be used for the allocation of qualifications

contained within achievement and attainment tables published by the Secretary

of State.’.

Notices of Amendments: 17 March 2009

397

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

429

Clause  125,  page  71,  line  32,  leave out ‘different types’ and insert ‘range’.

Member’s explanatory statement

This technical drafting amendment ensures consistency in the way provisions of Part 7 refer to

“qualifications”. That term is intended to refer to a particular type of qualification, such as a His­

tory GCSE, and not to a particular form of that qualification offered by a specific awarding body.

Jim Knight

Mr Siôn Simon

430

Clause  125,  page  71,  line  38,  after ‘any’ insert ‘relevant’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 431. This technical drafting amendment is

consequent on that amendment.

Jim Knight

Mr Siôn Simon

431

Clause  125,  page  72,  line  1,  leave out from ‘a’ to ‘represent’ in line 2 and insert

‘qualification in respect of which the body is recognised under section 129’.

Member’s explanatory statement

This technical drafting amendment ensures consistency in the way in which the provisions of Part

7 refer to specific qualifications which an awarding body is recognised to award or authenticate

under clause 129(1).

Jim Knight

Mr Siôn Simon

432

Clause  125,  page  72,  line  2,  at end insert—

‘(7)	For the purposes of subsection (6) a sum is relevant if it is payable in respect of

the award or authentication of the qualification in question.’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 431. This technical drafting amendment is

consequent on that amendment.

Jim Knight

Mr Siôn Simon

433

Clause  126,  page  72,  line  31,  leave out ‘types of’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 429. The purpose of this amendment is the

same as that given for that amendment.

Jim Knight

Mr Siôn Simon

434

Clause  126,  page  72,  line  32,  leave out ‘regulated qualifications of each type’ and

insert ‘different forms of such qualifications’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 429. The purpose of this amendment is the

same as that given for that amendment.

Notices of Amendments: 17 March 2009

398

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

435

Clause  126,  page  72,  line  33,  leave out ‘types of’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 429. The purpose of this amendment is the

same as that given for that amendment.

Jim Knight

Mr Siôn Simon

436

Clause  127,  page  73,  line  33,  leave out ‘or will’ and insert ‘, will be or may

reasonably be expected to’.

Member’s explanatory statement

This technical amendment ensures that the relevant definition is complete in so far as it relates to

qualifications which persons may reasonably be expected to seek to obtain. See also amendments

457 and 505 which achieve the same purpose in relation to similar definitions.

Jim Knight

Mr Siôn Simon

437

Clause  129,  page  74,  line  26,  leave out ‘(but only if)’.

Member’s explanatory statement

This technical drafting amendment, when taken together with amendment 438, clarifies that Of­

qual must recognise an awarding body when it meets the requirements set out in clause 129(1), but

cannot recognise an awarding body in any other circumstances.

Jim Knight

Mr Siôn Simon

438

Clause  129,  page  74,  line  30,  at end insert—

‘( )	Ofqual may not recognise an awarding body if the requirements set out in

paragraphs (a) and (b) of subsection (1) are not met by the body.’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 437.

Jim Knight

Mr Siôn Simon

439

Clause  129,  page  74,  line  31,  at end insert—

‘( )	has effect from such date as Ofqual may specify,’.

Member’s explanatory statement

This amendment makes it clear that the date on which a recognition comes into force will be spec­

ified by Ofqual (and may be different to the date on which it decides to recognise the awarding

body).

Jim Knight

Mr Siôn Simon

440

Clause  129,  page  74,  line  39,  leave out subsection (4) and insert—

‘(4)	An accreditation condition in respect of a qualification subject to the accreditation

requirement is a condition requiring that the recognised body may award or

authenticate a particular form of the qualification only if, at the time of the award

or authentication, that form of the qualification is accredited under section 136.’.

Notices of Amendments: 17 March 2009

399

Apprenticeships, Skills, Children and Learning Bill, continued

Member’s explanatory statement

This amendment ensures that, where a qualification is subject to the accreditation requirement, a

recognised body must obtain accreditation for each particular form of the qualification that it

wants to award before it can award that form of the qualification within the terms of its recogni­

tion.

Jim Knight

Mr Siôn Simon

441

Clause  129,  page  75,  line  5,  leave out ‘published’ and insert ‘in force’.

Member’s explanatory statement

This amendment makes it clear that the date on which general conditions come into force, and so

need to be complied with, may be different from that on which they are published.

Jim Knight

Mr Siôn Simon

442

Clause  130,  page  75,  line  19,  at end insert—

‘(c)	recognition in respect of credits in respect of different components of

qualifications or different descriptions of components of qualifications.’.

Member’s explanatory statement

This amendment ensures Ofqual’s powers to set criteria for recognition enable it to set different

criteria for recognition in respect of credits for different components of a qualification or different

descriptions of component. Amendment 443 makes the same change in relation to Ofqual’s powers

to set general conditions.

Jim Knight

Mr Siôn Simon

443

Clause  131,  page  75,  line  30,  at end insert—

‘(c)	recognition in respect of credits in respect of different components of

qualifications or different descriptions of components of qualifications.’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 442.

Jim Knight

Mr Siôn Simon

444

Clause  133,  page  76,  line  31,  leave out ‘a person’ and insert ‘—

(i)	an individual’.

Member’s explanatory statement

This amendment and amendment 445 clarify that review arrangements made under clause 133

may provide for decisions on a review to be made either by an individual who is not a member of

Ofqual or its staff or by a body none of whose members is such a person.

Jim Knight

Mr Siôn Simon

445

Clause  133,  page  76,  line  32,  at end insert ‘, or

(ii)	a body none of whose members is a member of Ofqual or

Ofqual’s staff.’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 444.

Notices of Amendments: 17 March 2009

400

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

446

Clause  134,  page  77,  line  6,  leave out from ‘require’ to end of line 8 and insert ‘an

authorised person to be given permission to do anything that a person authorised by a

provision of Part 1 of the Education Act 2005 (c. 18) to inspect documents could do by

virtue of section 58 of that Act (computer records).’.

Member’s explanatory statement

This amendment clarifies that Ofqual may set an “entry and inspection condition” that allows a

person authorised by Ofqual to inspect and copy electronic records in the same way as a person

would be able to do if authorised under section 58 of the Education Act 2005.

Jim Knight

Mr Siôn Simon

447

Clause  136,  page  77,  line  30,  leave out from beginning to first ‘the’ in line 34 and

insert—

‘(1)	Where a qualification is subject to the accreditation requirement Ofqual must

accredit a particular form of the qualification if—

(a)	that form of the qualification has been submitted for accreditation by a

recognised body which is recognised in respect of the qualification, and

(b)	that form of’.

Member’s explanatory statement

This amendment ensures the function of accrediting qualifications applies to each form of a qual­

ification which requires accreditation rather than the qualification as a whole. The effect is that

an awarding body must obtain accreditation for each form of such a qualification which it propos­

es to award or authenticate.

Jim Knight

Mr Siôn Simon

448

Clause  136,  page  77,  line  35,  at end insert—

‘( )	Ofqual may not accredit a form of a qualification if the requirements set out in

paragraphs (a) and (b) of subsection (1) are not met in respect of that form of the

qualification.

( )	An accreditation under this section has effect from such date as Ofqual may

specify.’.

Member’s explanatory statement

This amendment clarifies that Ofqual must accredit a form of a qualification if it meets the relevant

requirements, but not otherwise; and that it is for Ofqual to specify the date on which an accredi­

tation comes into force (which may be later than the decision to accredit).

Jim Knight

Mr Siôn Simon

449

Clause  136,  page  77,  line  36,  leave out ‘the accreditation of a qualification’ and

insert ‘accreditation under this section’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 447. This amendment is consequent on that

amendment.

Notices of Amendments: 17 March 2009

401

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

450

Clause  137,  page  78,  line  2,  leave out from ‘for’ to end of line 3 and insert

‘accreditation under section 136.’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 447. This amendment is consequent on that

amendment.

Jim Knight

Mr Siôn Simon

451

Clause  137,  page  78,  line  9,  at end insert —

‘(6)	If Ofqual revises the criteria under this section which are applicable to a form of

a qualification which is accredited under section 136, the accreditation ceases to

have effect on the date specified by Ofqual.

(7)	Ofqual may vary the date specified under subsection (6) at any time before the

date.

(8)	Ofqual may determine that subsection (6) does not apply in relation to a specified

revision.

(9)	Ofqual must publish a determination made under subsection (8).

(10)	Ofqual may make saving or transitional provision in connection with the

accreditation of a form of a qualification ceasing to have effect under

subsection (6).’.

Member’s explanatory statement

This amendment provides that if Ofqual revises accreditation criteria applicable to a form of a

qualification which has been accredited, that accreditation ceases on a date specified by Ofqual,

unless Ofqual determines otherwise. Ofqual may make saving or transitional provision about a

form of qualification ceasing to be accredited.

Jim Knight

Mr Siôn Simon

452

Clause  138,  page  78,  line  16,  leave out ‘relation to’ and insert ‘respect of’.

Member’s explanatory statement

This is a technical drafting amendment to achieve consistency with the wording of clause 138(1).

Jim Knight

Mr Siôn Simon

453

Clause  138,  page  78,  line  22,  leave out ‘this section’ and insert ‘subsection (1)’.

Member’s explanatory statement

This amendment is consequent on amendment 458.

Jim Knight

Mr Siôn Simon

454

Clause  138,  page  78,  line  23,  at end insert—

‘( )	Subsection (5) applies in relation to a qualification or description of qualification

in respect of which a determination under subsection (1) has effect.’.

Member’s explanatory statement

This amendment is consequent on amendment 458.

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Revised 18 March 2009