House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 26 March 2009
68

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  200

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

Clause, as amended, Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  436

Clause  127,  page  73,  line  33,  leave out ‘or will’ and insert ‘, will be or may

reasonably be expected to’.

Clause, as amended, Agreed to.

Clause 128 Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  437

Clause  129,  page  74,  line  26,  leave out ‘(but only if)’.

Jim Knight

Mr Siôn Simon

Agreed to  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.’.

Jim Knight

Mr Siôn Simon

Agreed to  439

Clause  129,  page  74,  line  31,  at end insert—

‘( )
has effect from such date as Ofqual may specify,’.

Jim Knight

Mr Siôn Simon

Agreed to  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.’.

Public Bill Committee Proceedings: 26 March 2009
69

Apprenticeships, Skills, Children and Learning Bill, continued

Mr David Laws

Stephen Williams

Annette Brooke

Withdrawn  221

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

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

Jim Knight

Mr Siôn Simon

Agreed to  441

Clause  129,  page  75,  line  5,  leave out ‘published’ and insert ‘in force’.

Clause, as amended, Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  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.’.

Jim Knight

Mr Siôn Simon

Agreed to  294

Clause  130,  page  75,  line  20,  leave out ‘from time to time’.

Mr David Laws

Stephen Williams

Annette Brooke

Withdrawn  222

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

and’.

Clause, as amended, Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  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.’.

Jim Knight

Mr Siôn Simon

Agreed to  295

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

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 26 March 2009
70

Apprenticeships, Skills, Children and Learning Bill, continued

Clause 132 Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  444

Clause  133,  page  76,  line  31,  leave out ‘a person’ and insert ‘—

(i)
an individual’.

Jim Knight

Mr Siôn Simon

Agreed to  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.’.

Jim Knight

Mr Siôn Simon

Agreed to  296

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

Clause, as amended, Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  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).’.

Clause, as amended, Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  297

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

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 26 March 2009
71

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

Agreed to  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’.

Jim Knight

Mr Siôn Simon

Agreed to  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.’.

Jim Knight

Mr Siôn Simon

Agreed to  449

Clause  136,  page  77,  line  36,  leave out ‘the accreditation of a qualification’ and

insert ‘accreditation under this section’.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  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.’.

Clause, as amended, Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  450

Clause  137,  page  78,  line  2,  leave out from ‘for’ to end of line 3 and insert

‘accreditation under section 136.’.

Jim Knight

Mr Siôn Simon

Agreed to  298

Clause  137,  page  78,  line  6,  leave out ‘from time to time’.

Public Bill Committee Proceedings: 26 March 2009
72

Apprenticeships, Skills, Children and Learning Bill, continued

Mr David Laws

Stephen Williams

Annette Brooke

Not called  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

Not called  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

Agreed to  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.

(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).’.

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

Mr David Laws

Stephen Williams

Annette Brooke

Not selected  (a)

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

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Withdrawn  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.’.

Clause, as amended, Agreed to on division.

Public Bill Committee Proceedings: 26 March 2009
73

Apprenticeships, Skills, Children and Learning Bill, continued

Mr David Laws

Stephen Williams

Annette Brooke

Negatived on division  532

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

Jim Knight

Mr Siôn Simon

Agreed to  452

Clause  138,  page  78,  line  16,  leave out ‘relation to’ and insert ‘respect of’.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  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.’.

Jim Knight

Mr Siôn Simon

Agreed to  453

Clause  138,  page  78,  line  22,  leave out ‘this section’ and insert ‘subsection (1)’.

Jim Knight

Mr Siôn Simon

Agreed to  454

Clause  138,  page  78,  line  23,  at end insert—

‘( )
Subsection (5) applies in relation to a qualification or description of qualification

in respect of which a determination under subsection (1) has effect.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  233

Clause  138,  page  78,  line  23,  at end insert—

‘(4A)
Ofqual shall include it its annual report a copy of the publication in subsection (4)

and how it responded to the determination.’.

Jim Knight

Mr Siôn Simon

Agreed to  455

Clause  138,  page  78,  line  24,  leave out ‘or 137 in relation to a’ and insert ‘, 131 or

137 in relation to the’.

Jim Knight

Mr Siôn Simon

Agreed to  456

Clause  138,  page  78,  line  25,  leave out ‘to which a determination under this section

applies’.

Public Bill Committee Proceedings: 26 March 2009
74

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mrs Maria Miller

Mr John Hayes

Bill Wiggin

Not called  141

Clause  138,  page  78,  line  27,  at end add—

‘(5A)
Ofqual must set a minimum requirement in respect of an academic qualification

relating to the knowledge a person must demonstrate in order to obtain the

qualification or qualifications in question.’.

Jim Knight

Mr Siôn Simon

Agreed to  457

Clause  138,  page  78,  line  30,  leave out ‘or will’ and insert ‘, will be or may

reasonably be expected to’.

Jim Knight

Mr Siôn Simon

Agreed to  458

Clause  138,  page  78,  line  31,  at end insert—

‘( )
A determination made under subsection (1) may be amended or revoked by the

Secretary of State; and subsection (4) applies to the amendment of a

determination as it applies to the making of a determination.’.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  5

Clause  138,  page  78,  line  31,  at end insert—

‘(7)
The Secretary of State must not make a determination under subsection (1)

relating to the grading or assessment of qualifications.’.

Mr David Laws

Stephen Williams

Annette Brooke

Not selected  69

Page  78,  line  11,  leave out Clause 138.

Clause, as amended, Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  459

Clause  139,  page  78,  line  33,  leave out ‘regulated qualification’ and insert

‘particular form of a qualification in respect of which it is recognised’.

Jim Knight

Mr Siôn Simon

Agreed to  460

Clause  139,  page  78,  line  35,  leave out ‘regulated’.