House of Commons Amendments

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Session 2008 - 09
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Notices of Amendments: 17 March 2009
409

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

495

Clause  178,  page  95,  line  33,  leave out from ‘authority”’ to end and insert ‘includes

any person who performs functions (whether or not in the United Kingdom) which are of

a public nature.’.

Member’s explanatory statement

This amendment reproduces the definition of “public authority” in full, rather than cross-referring

to the definition in clause 148.

Jim Knight

Mr Siôn Simon

496

Clause  255,  page  149,  line  30,  after ‘paragraphs’ insert ‘7C,’.

Member’s explanatory statement

This amendment is consequent on amendment 502. It allows the Welsh Ministers to commence the

amendment to section 408(2)(e) of the Education Act 1996 in relation to Wales.

Surrender of recognition

Jim Knight

Mr Siôn Simon

NC23

To move the following Clause:—

‘(1)
A recognised body may give notice to Ofqual that it wishes to cease to be

recognised in respect of the award or authentication of a specified qualification or

description of qualification.

(2)
As soon as reasonably practicable after receipt of a notice under subsection (1)

Ofqual must give notice to the recognised body of the date on which the body is

to cease to be recognised in the respect in question (“the surrender date”).

(3)
In deciding the surrender date Ofqual 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)
Ofqual may make saving or transitional provision in connection with a recognised

body ceasing to be recognised in any respect by virtue of this section.’.

Member’s explanatory statement

This new clause allows a recognised body to surrender recognition by giving notice to Ofqual. Of

qual has 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.

Duty not to impose or maintain unnecessary burdens

Jim Knight

Mr Siôn Simon

NC24

To move the following Clause:—

‘(1)
Ofqual must keep its regulatory functions under review.

(2)
Ofqual must secure that in performing any of its regulatory functions it does

not—

(a)
impose burdens which it considers to be unnecessary, or

Notices of Amendments: 17 March 2009
410

Apprenticeships, Skills, Children and Learning Bill, continued

(b)
maintain burdens which it considers to have become unnecessary.

(3)
Subsection (2) does not require the removal of a burden which has become

unnecessary where its removal would, having regard to all the circumstances, be

impracticable or disproportionate.

(4)
Ofqual must publish a statement setting out—

(a)
what it proposes to do pursuant to subsections (1) and (2) in the period to

which the statement relates,

(b)
(except in the case of the first statement published under this section)

what it has done pursuant to subsections (1) and (2) since the previous

statement was published under this section, and

(c)
where a burden which has become unnecessary is maintained pursuant to

subsection (3), the reasons why the removal of the burden would, having

regard to all the circumstances, be impracticable or disproportionate.

(5)
The first statement published under this section—

(a)
must be published as soon as reasonably practicable after the

commencement of section 124, and

(b)
is to be a statement for the period of 12 months beginning with the day of

its publication.

(6)
A subsequent statement published under this section—

(a)
must be published during the period to which the previous statement

related or as soon as reasonably practicable after the end of that period,

and

(b)
must be a statement for the period of 12 months beginning with the end

of the period to which the previous statement related.

(7)
Ofqual must, in performing any of its regulatory functions during a period for

which a statement is in force under this section, have regard to the statement.

(8)
In this section “regulatory function” has the same meaning as in the Legislative

and Regulatory Reform Act 2006 (c. 51) (see section 32 of that Act).’.

Member’s explanatory statement

This new clause imposes a duty on Ofqual not to impose or maintain unnecessary regulatory bur

dens. The clause is similar in effect to section 72 of the Regulatory Enforcement and Sanctions Act

2008, which imposes almost identical duties on a range of regulators.

Jim Knight

Mr Siôn Simon

497

Schedule  9,  page  192,  line  11,  after first ‘of’ insert ‘other’.

Member’s explanatory statement

This is a technical drafting amendment which clarifies that paragraph 6(5) of Schedule 9 relates

to the conditions of service of members of staff other than the chief executive (whose conditions of

service are already dealt with by paragraph 6(1) to (3)).

Jim Knight

Mr Siôn Simon

498

Schedule  9,  page  192,  line  13,  leave out paragraph (c).

Member’s explanatory statement

This is a technical drafting amendment. The deleted provision is not needed because remuneration,

allowances and expenses paid to a person are aspects of that person’s conditions of service and

so are already dealt with.

Notices of Amendments: 17 March 2009
411

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

499

Schedule  9,  page  194,  line  12,  leave out ‘this or any other’ and insert ‘any’.

Member’s explanatory statement

This technical drafting amendment is needed to achieve consistency in the provisions in the Bill

that refer to the Bill itself in conjunction with other Acts.

Jim Knight

Mr Siôn Simon

500

Schedule  11,  page  197,  line  29,  leave out paragraph (c).

Member’s explanatory statement

See Member’s explanatory statement for amendment 498.

Jim Knight

Mr Siôn Simon

501

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

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

    (1)
Subject to sub-paragraph (2), 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.

      (2)
The provision in sub-paragraph (1) 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)—

(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

Notices of Amendments: 17 March 2009
412

Apprenticeships, Skills, Children and Learning Bill, continued

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—

“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.

Notices of Amendments: 17 March 2009
413

Apprenticeships, Skills, Children and Learning Bill, continued

(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;

“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

Notices of Amendments: 17 March 2009
414

Apprenticeships, Skills, Children and Learning Bill, continued

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.

(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

Notices of Amendments: 17 March 2009
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Apprenticeships, Skills, Children and Learning Bill, continued

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 estab

lished) 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.

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.

Jim Knight

Mr Siôn Simon

516

Schedule  16,  page  223,  line  36,  leave out ‘, paragraphs 1, 3(1)(b) and 4(3)’ and

insert ‘—

‘(a)
paragraph 1;

(b)
paragraph 2 (and the italic heading before it);