House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 26 March 2009
626

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mrs Maria Miller

Mr John Hayes

Bill Wiggin

140

Clause  126,  page  72,  line  40,  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

521

Clause  126,  page  72,  line  44,  leave out subsection (6).

Mr David Laws

Stephen Williams

Annette Brooke

68

Clause  126,  page  72,  line  45,  leave out ‘the Secretary of State’ and insert ‘the

Select Committee for Children, Schools and Families’.

Mr David Laws

Stephen Williams

Annette Brooke

520

Clause  126,  page  72,  line  46,  leave out subsection (7).

Mr David Laws

Stephen Williams

Annette Brooke

6

Clause  126,  page  72,  line  46,  at end insert ‘and establish specific and measurable

success criteria for each of its objectives.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

200

Clause  126,  page  72,  line  46,  at end insert ‘and in a timely manner.’.

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

Public Bill Committee: 26 March 2009
627

Apprenticeships, Skills, Children and Learning Bill, continued

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

Ofqual 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

specified 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.’.

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

recognition.

Mr David Laws

Stephen Williams

Annette Brooke

221

Clause  129,  page  75,  line  3,  at end insert ‘and must establish, at the request of the

Public Bill Committee: 26 March 2009
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Apprenticeships, Skills, Children and Learning Bill, continued

applicant, arrangements for the review of that decision.’.

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

294

Clause  130,  page  75,  line  20,  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

222

Clause  130,  page  75,  line  22,  after ‘consult’, insert ‘recognised awarding bodies

and’.

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.

Public Bill Committee: 26 March 2009
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Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

295

Clause  131,  page  75,  line  31,  leave out ‘from time to time’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 290.

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.

Jim Knight

Mr Siôn Simon

296

Clause  133,  page  76,  line  39,  leave out ‘from time to time’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 290.

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

Public Bill Committee: 26 March 2009
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Apprenticeships, Skills, Children and Learning Bill, continued

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

Jim Knight

Mr Siôn Simon

297

Clause  135,  page  77,  line  20,  leave out ‘from time to time’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 290.

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

qualification 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

proposes 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

accreditation 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

Public Bill Committee: 26 March 2009
631

Apprenticeships, Skills, Children and Learning Bill, continued

amendment.

Mr David Laws

Stephen Williams

Annette Brooke

223

Clause  136,  page  77,  line  39,  at end add ‘and must establish, at the request of the

applicant, arrangements for the review of that decision.’.

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

298

Clause  137,  page  78,  line  6,  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

224

Clause  137,  page  78,  line  8,  after ‘consult’, insert ‘relevant recognised awarding

bodies and’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

199

Clause  137,  page  78,  line  9,  at end add ‘and must include in such consultations

representatives of the higher education sector and representatives of business.’.

Jim Knight

Mr Siôn Simon

451

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

‘(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
5
date.

Public Bill Committee: 26 March 2009
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Apprenticeships, Skills, Children and Learning Bill, continued

(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
10
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.

As an Amendment to Jim Knight’s proposed Amendment (No. 451):—

Mr David Laws

Stephen Williams

Annette Brooke

(a)

Line  9,  leave out ‘may’ and insert ‘must’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

383

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

‘(6)
In establishing accreditation criteria for qualifications, Ofqual must have regard

to the desirability of raising standards whenever possible.’.

Mr David Laws

Stephen Williams

Annette Brooke

532

Clause  138,  page  78,  line  12,  after ‘may’, insert ‘in exceptional circumstances’.

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).

Mr David Laws

Stephen Williams

Annette Brooke

533

Clause  138,  page  78,  line  22,  leave out from ‘must’ to end of line 23 and insert

‘agree with Ofqual the circumstances in which he can use the power conferred by

subsection (1), and publish the terms of this agreement.’.