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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 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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| | ‘( ) | 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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| 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 qual |
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| | ification which is relevant for 2008 Act purposes, it must assign guided learning hours to each in |
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| | dividual 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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| Clause 139, page 78, line 40, after ‘to’ insert ‘the particular form of’. |
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| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 459. |
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| Clause 139, page 79, line 1, 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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| Clause 139, page 79, line 3, leave out ‘most recently published’ and insert ‘then in |
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| | Member’s explanatory statement
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| | This amendment ensures it is the criteria for assignment of a number of hours of guided learning |
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| | which are in force for the time being that are applicable for the purposes of this section. Those |
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| | criteria may not come into force immediately when published. |
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| Clause 139, page 79, line 5, 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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| Clause 139, page 79, line 7, leave out paragraph (b) and insert— |
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| | ‘(b) | in respect of a qualification which the body has determined is relevant for |
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| | those purposes, a number of hours of guided learning to assign to a form |
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| | Member’s explanatory statement
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| | This amendment and amendment 475 are technical drafting amendments which recognise that |
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| | whether a qualification is relevant for 2008 Act purposes is a matter which is to be determined by |
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| | the relevant recognised body. This amendment is also consequent on amendments 459 and 462. |
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| Clause 139, page 79, line 9, leave out ‘Ofqual publishes revised criteria’ and insert |
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| ‘revised criteria come into force’. |
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| | Member’s explanatory statement
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| | This amendment ensures that the duty of a recognised body to review a determination under clause |
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| | 139 applies when revised criteria for making those determinations come into force (rather than |
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| | when they are published). |
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| Clause 139, page 79, line 17, 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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| Clause 139, page 79, line 20, leave out ‘the qualification’ and insert ‘a form of the |
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| qualification awarded or authenticated by the recognised body’. |
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| | Member’s explanatory statement
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| | See the Member’s explanatory statement for amendment 459. This amendment is consequent on |
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| | that amendment and amendment 462. |
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| Clause 139, page 79, line 22, leave out from ‘having’ to end of line 24 and insert |
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| ‘determined to assign that number of hours of guided learning to that form of the |
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| | Member’s explanatory statement
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| | This amendment achieves the technical change referred to in the Member’s explanatory statement |
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| | for amendment 466. It also ensures that any determination made by Ofqual to assign guided learn |
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| | ing hours to a form of a qualification applies as if made by the relevant recognised body for all |
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| Clause 139, page 79, line 25, 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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| Clause 139, page 79, line 30, after ‘to’ insert ‘a form of’. |
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| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 459. This amendment is consequent on that |
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| | amendment and amendment 462. |
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| Clause 139, page 79, line 33, after ‘obtain’ insert ‘that form of’. |
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| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 459. This amendment is consequent on that |
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| | amendment and amendment 462. |
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| Clause 140, page 79, line 45, 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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| Clause 140, page 80, line 1, at beginning insert ‘in respect of a qualification which |
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| a recognised body has determined is relevant for those purposes,’. |
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| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 466. |
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| Clause 140, page 80, leave out line 2 and insert ‘form of the qualification’. |
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| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 459. The amendment is consequent on that |
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| | amendment and amendment 462. |
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| Clause 140, page 80, leave out line 4 and insert ‘qualifications or different descriptions |
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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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| Clause 141, page 80, line 12, leave out ‘respect in’ and insert ‘qualifications in |
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| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 479. This is a drafting amendment conse |
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| Clause 141, page 80, leave out line 13 and insert— |
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| | ‘(b) | the forms of those qualifications which are awarded or authenticated |
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| | Member’s explanatory statement
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| | This amendment ensures that where an awarding body is recognised in respect of a qualification |
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| | Ofqual is under a duty to include on the register details of each particular form of the qualification |
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| | which the body awards or authenticates. |
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| Clause 141, page 80, line 15, leave out ‘such qualification’ and insert ‘of those |
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| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 479. This is a drafting amendment conse |
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| Clause 141, page 80, line 17, leave out ‘the qualification’ insert ‘each form of the |
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| qualification awarded or authenticated by it’. |
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| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 459. This amendment is consequent on that |
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| | amendment and amendment 462. |
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| Clause 145, page 81, line 38, at end insert ‘awarded or authenticated by the body’. |
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| | Member’s explanatory statement
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| | This amendment is intended to ensure that clause 145(2) (which relates to withdrawal of recogni |
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| | tion) applies fully to the situation where the body is recognised to award or authenticate credits in |
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| | respect of components of qualifications. |
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| Clause 145, page 82, line 17, leave out ‘a person’ and insert ‘— |
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| | Member’s explanatory statement
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| | This amendment and amendment 484 clarify that review arrangements made under clause 145 |
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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 145, page 82, line 18, 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 483. |
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| Clause 146, page 82, line 24, leave out ‘regulated qualifications’ and insert |
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| ‘qualifications in respect of which they are recognised’. |
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| | Member’s explanatory statement
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| | This technical drafting amendment is one of the changes described in the Member’s explanatory |
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| | statement for amendment 431. The amendment clarifies that the qualifications to which Ofqual’s |
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| | guidance refers are those that a recognised body awards or authenticates. |
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| Clause 148, page 83, line 17, after ‘of’ insert ‘any of’. |
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| | Member’s explanatory statement
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| | This technical amendment and amendment 489 clarify that where the Bill makes provision about |
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| | the performance by Ofqual of its qualifications functions the intention is to catch the performance |
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| | of any of those functions and not just the performance of all of them. |
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| Clause 149, page 83, line 24, leave out ‘another’ and insert ‘a’. |
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| | Member’s explanatory statement
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| | This amendment and amendment 488 are technical drafting amendments, clarifying that Ofqual |
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| | itself is not a “qualifications regulator” within the meaning given to that term by clause 149(2)(a). |
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| Clause 149, page 83, line 26, leave out ‘other’. |
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| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 487. |
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| Clause 149, page 83, line 32, leave out ‘a qualifications function’ and insert ‘any of |
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| the qualifications functions’. |
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| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 486. |
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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 pro |
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| | vision for the QCDA to develop, set or administer certain tests or tasks; but the QCDA could in |
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| | any case do these things under clause 175. |
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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 assist |
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| | ing 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 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 arrange |
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| | ments which fall within its remit, including regulated assessment arrangements. |
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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 qual |
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