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| Clause 138, page 78, line 22, leave out ‘this section’ and insert ‘subsection (1)’. |
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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 23, at end insert— |
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| | ‘( ) | Subsection (5) applies in relation to a qualification or description of qualification |
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| | in respect of which a determination under subsection (1) has effect.’. |
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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 23, at end insert— |
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| | ‘(4A) | Ofqual shall include it its annual report a copy of the publication in subsection (4) |
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| | and how it responded to the determination.’. |
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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 27, at end add— |
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| | ‘(5A) | Ofqual must set a minimum requirement in respect of an academic qualification |
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| | relating to the knowledge a person must demonstrate in order to obtain the |
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| | qualification or qualifications in question.’. |
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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 138, page 78, line 31, at end insert— |
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| | ‘(7) | The Secretary of State must not make a determination under subsection (1) |
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| | relating to the grading or assessment of qualifications.’. |
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| Page 78, line 11, leave out Clause 138. |
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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 |
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| qualification which is relevant for 2008 Act purposes, it must assign guided learning hours to each |
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| individual 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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| 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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| 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 |
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| learning hours to a form of a qualification applies as if made by the relevant recognised body for |
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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 140, page 80, line 5, leave out ‘from time to time’. |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 290. |
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| Clause 140, page 80, line 7, after ‘consult’, insert ‘relevant recognised awarding |
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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 |
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| consequent on that amendment. |
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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 |
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| consequent on that amendment. |
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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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| Clause 142, page 80, line 24, leave out ‘connected or otherwise’ and insert |
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| ‘directly and materially’. |
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| Clause 144, page 81, line 10, leave out from ‘may’ to end of line 11 and insert— |
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| | ‘(a) | direct a recognised body to take or refrain from taking specified steps |
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| | with a view to securing compliance with the condition, and |
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| | (b) | direct a recognised body to set the standards in a specified qualification, |
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| | on a specified occasion, at a specified level.’. |
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| Clause 144, page 81, line 11, at end insert— |
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| | ‘(2A) | A direction under this section may include a direction to the recognised body to |
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| | pay a financial penalty where Ofqual considers it appropriate.’. |
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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 |
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| recognition) applies fully to the situation where the body is recognised to award or authenticate |
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| credits in 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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