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
82

Apprenticeships, Skills, Children and Learning Bill, continued

‘(4A)
No recommendations contained in the report referred to in subsection (4) shall be

implemented unless the report has been approved by a resolution of each House

of Parliament.’.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  556

Clause  162,  page  89,  line  22,  at end insert—

‘(9)
Ofqual shall, before each financial year, publish a document (the “forward work

programme”) containing a description of the main activities which it plans to

undertake during the year and how these activities are intended to meet its

objectives.

(10)
Before publishing the forward work programme for any year, Ofqual shall give a

notice—

(a)
containing a draft of the forward work programme, and

(b)
specifying the time within which representations or objections to the

proposals contained in it may be made,


and shall consider any representations or objections which are made under

paragraph (b).’.

Clause Agreed to.

Clauses 163 and 164 Agreed to.

Schedule 10 Agreed to.

Clause 166 Agreed to.

Mr David Laws

Stephen Williams

Annette Brooke

Withdrawn  144

Schedule  11,  page  196,  line  24,  leave out ‘Secretary of State’ and insert ‘Children,

Schools and Families Committee of the House of Commons.’.

Jim Knight

Mr Siôn Simon

Agreed to  500

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

Jim Knight

Mr Siôn Simon

Agreed to  307

Schedule  11,  page  201,  line  24,  leave out ‘this or any other’ and insert ‘any’.

Schedule, as amended, Agreed to.

Public Bill Committee Proceedings: 26 March 2009
83

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Negatived on division  34

Clause  167,  page  90,  line  31,  leave out ‘coherence’ and insert ‘rigour’.

Clause Agreed to.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  226

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

‘(g)
information provided to it by recognised awarding bodies.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  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

Not called  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.’.

Clause Agreed to.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  145

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

Clause Agreed to.

Public Bill Committee Proceedings: 26 March 2009
84

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  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

Agreed to  490

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

Mr David Laws

Stephen Williams

Annette Brooke

Negatived on division  146

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

‘(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.’.

Clause, as amended, Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  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.’.

Jim Knight

Mr Siôn Simon

Agreed to  492

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

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

construed accordingly);’.

Clause, as amended, Agreed to.

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

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Withdrawn  548

Clause  172,  page  93,  line  5,  at end insert ‘and publish a review annually’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  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.’.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Not called  549

Clause  172,  page  93,  line  16,  after ‘may’, insert ‘, with the permission of the

Secretary of State,’.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Not called  553

Clause  172,  page  93,  line  17,  at end insert—

‘( )
The QCDA may, with the permission of the Secretary of State, publish and

disseminate, or facilitate the publication or other dissemination of, information

relating to exemptions from the Early Years Foundation Stage.’.

Clause Agreed to.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Not called  550

Clause  173,  page  93,  line  24,  at end insert ‘, as defined by the Secretary of State.’.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Not called  551

Clause  173,  page  93,  line  36,  after ‘may’, insert ‘, with the permission of the

Secretary of State,’.

Public Bill Committee Proceedings: 26 March 2009
86

Apprenticeships, Skills, Children and Learning Bill, continued

Clause Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  493

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

arrangements’.

Clause, as amended, Agreed to.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Not called  552

Clause  175,  page  94,  line  29,  after ‘QCDA’, insert ‘with the permission of the

Secretary of State,’.

Jim Knight

Mr Siôn Simon

Agreed to  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.’.

Clause, as amended, Agreed to.

Clauses 176 and 177 Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  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.’.

Clause, as amended, Agreed to.

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

Clauses 179 and 180 Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  303

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

Clause, as amended, Agreed to.

Mr David Laws

Stephen Williams

Annette Brooke

Negatived on division  147

Clause  182,  page  96,  line  26,  after ‘school’, insert ‘or Academy’.

Clause Agreed to.

Clauses 165 and 183 Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  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.’.

Jim Knight

Mr Siôn Simon

Agreed to  502

Schedule  12,  page  202,  line  38,  at end insert—

‘Education Act 1996 (c. 56)

7A
The Education Act 1996 is amended as follows.

Public Bill Committee Proceedings: 26 March 2009
88

Apprenticeships, Skills, Children and Learning Bill, continued

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”.’.

Jim Knight

Mr Siôn Simon

Agreed to  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;’.

Jim Knight

Mr Siôn Simon

Agreed to  504

Schedule  12,  page  204,  line  16,  leave out ‘section’ and insert ‘Chapter’.

Jim Knight

Mr Siôn Simon

Agreed to  505

Schedule  12,  page  204,  line  25,  leave out ‘or will’ and insert ‘, will be or may

reasonably be expected to’.

Jim Knight

Mr Siôn Simon

Agreed to  506

Schedule  12,  page  204,  line  27,  leave out ‘32B’ and insert ‘32C’.

Jim Knight

Mr Siôn Simon

Agreed to  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.