House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 19 March 2009
459

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

387

Clause  168,  page  91,  line  15,  at end insert—

‘(g)
the desirability of promoting the acquisition of academic knowledge.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

386

Clause  168,  page  91,  line  21,  at end insert—

‘(d)
persons whom, in the opinion of the Secretary of State, represent the

interests of employers or institutions within the higher education sector.’.

Mr David Laws

Stephen Williams

Annette Brooke

145

Clause  169,  page  91,  line  37,  leave out subsection (2).

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

388

Clause  170,  page  92,  line  12,  at end insert—

‘(c)
must have regard to the importance of maintaining the rigour of academic

qualifications.’.

Jim Knight

Mr Siôn Simon

490


Clause  170,  page  92,  line  20,  leave out subsection (5).

Member’s explanatory statement

This amendment removes an unnecessary power of the QCDA. Clause 170(5) makes explicit

provision for the QCDA to develop, set or administer certain tests or tasks; but the QCDA could

in any case do these things under clause 175.

Mr David Laws

Stephen Williams

Annette Brooke

146

Clause  170,  page  92,  line  25,  at end add—

Public Bill Committee: 19 March 2009
460

Apprenticeships, Skills, Children and Learning Bill, continued

‘(6)
All qualifications which are approved by the QCDA and Ofqual must be funded

by the Secretary of State, notwithstanding any advice which may be given to the

Secretary of State by the Joint Advisory Commitee for Qualifications Approval

or any other body.’.

Jim Knight

Mr Siôn Simon

491


Clause  171,  page  92,  line  27,  leave out subsections (1) and (2) and insert—

‘(1)
The QCDA must, if requested to do so by Ofqual, assist Ofqual in setting

qualifications criteria which relate to a qualification or description of

qualification in respect of which a determination under section 138(1) has effect.

(2)
The QCDA may—

(a)
assist Ofqual in setting qualifications criteria which do not fall within

subsection (1), and

(b)
provide other assistance, information or advice to Ofqual in connection

with the performance by Ofqual of any of its qualifications functions.’.

Member’s explanatory statement

This amendment requires the QCDA, where requested by Ofqual, to assist in setting qualifications

criteria for a qualification covered by a determination under clause 138(1). It also enables the

QCDA generally to assist Ofqual in connection with its qualifications functions, including

assisting with setting qualifications criteria in other cases.

Jim Knight

Mr Siôn Simon

492


Clause  171,  page  92,  line  32,  at end insert—

‘“assistance” does not include financial assistance (and “assist” is to be

construed accordingly);’.

Member’s explanatory statement

This amendment prevents the QCDA from giving financial assistance to Ofqual when providing

assistance to Ofqual under clause 171.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

389

Clause  172,  page  93,  line  10,  at end insert—

‘(c)
must have regard to the importance of maintaining the academic rigour

of the curriculum.’.

Public Bill Committee: 19 March 2009
461

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

493


Clause  174,  page  94,  line  3,  leave out ‘which are not regulated assessment

arrangements’.

Member’s explanatory statement

This amendment provides that the QCDA has to keep under review all those assessment

arrangements which fall within its remit, including regulated assessment arrangements.

Jim Knight

Mr Siôn Simon

494


Clause  175,  page  95,  line  13,  at end insert—

‘(9)
The powers under subsections (1) and (2) must not be exercised—

(a)
to assist Ofqual in setting qualifications criteria, or

(b)
to provide other assistance, information or advice to Ofqual in connection

with the performance by Ofqual of any of its qualifications functions.

(10)
In subsection (9) “Ofqual”, “qualifications criteria” and “qualifications

functions” have the same meanings as in section 171.’.

Member’s explanatory statement

This amendment clarifies that the powers of the QCDA to provide services and other assistance

under clause 175 do not cover assistance to Ofqual in any circumstances within the scope of clause

171 (which allows the QCDA to provide assistance to Ofqual in connection with that body’s

qualifications functions).

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

303

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

Member’s explanatory statement

Public Bill Committee: 19 March 2009
462

Apprenticeships, Skills, Children and Learning Bill, continued

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)—

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

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

Act”.’.

Member’s explanatory statement

Public Bill Committee: 19 March 2009
463

Apprenticeships, Skills, Children and Learning Bill, continued

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—