Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
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Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Schedule 9 — The Office of Qualifications and Examinations Regulation
198

Remuneration etc. of Chief Regulator and ordinary members
5     (1)
Ofqual must, if the Secretary of State requires it to do so, pay remuneration,
allowances and expenses to the Chief Regulator and any of the ordinary
members.
      (2)
Ofqual must, if the Secretary of State requires it to do so, pay, or make
5
provision for the payment of, a pension, allowances or gratuities to or in
respect of a current or former Chief Regulator or ordinary member.
      (3)
If a person ceases to be Chief Regulator or an ordinary member and the
Secretary of State decides that the person should be compensated because of
special circumstances, Ofqual must pay compensation to the person.
10
      (4)
The amount of a payment under this paragraph is to be determined by the
Secretary of State.
Chief executive and other staff
6     (1)
The first chief executive is to be appointed by the Secretary of State, on
conditions of service determined by the Secretary of State.
15
      (2)
Later chief executives are to be appointed by Ofqual, on conditions of service
determined by Ofqual.
      (3)
The appointment and conditions of service of a later chief executive are
subject to the approval of the Secretary of State.
      (4)
Ofqual may appoint other members of staff.
20
      (5)
The following are to be determined by Ofqual with the approval of the
Secretary of State—
(a)
the number of members of other staff of Ofqual;
(b)
their conditions of service.
Committees
25
7     (1)
Ofqual may establish committees, and any committee established by Ofqual
may establish sub-committees.
      (2)
Ofqual may—
(a)
dissolve a sub-committee established under sub-paragraph (1), or
(b)
alter the purposes for which such a sub-committee is established.
30
      (3)
In this Schedule a committee or sub-committee established under sub-
paragraph (1) is referred to as an “Ofqual committee”.
      (4)
An Ofqual committee must include at least one member of Ofqual or
Ofqual’s staff.
      (5)
Ofqual may arrange for the payment of remuneration, allowances and
35
expenses to any person who—
(a)
is a member of an Ofqual committee, but
(b)
is not a member of Ofqual or Ofqual’s staff.
      (6)
Ofqual must at least once in any 5 year period review—
(a)
the structure of Ofqual committees, and
40
(b)
the scope of each Ofqual committee’s activities.

Apprenticeships, Skills, Children and Learning Bill
Schedule 9 — The Office of Qualifications and Examinations Regulation
199

      (7)
The first review under sub-paragraph (6) must be completed not later than
the day which is the end of the period of 5 years beginning with the day on
which section 125 comes into force.
8     (1)
Ofqual and any other person may establish a committee jointly.
      (2)
In this Schedule a committee established under sub-paragraph (1) is referred
5
to as a “joint committee”.
      (3)
A joint committee may establish sub-committees.
      (4)
In this Schedule a sub-committee established under sub-paragraph (3) is
referred to as a “joint sub-committee”.
      (5)
A joint committee and a joint sub-committee must include at least one
10
member of Ofqual or Ofqual’s staff.
      (6)
Ofqual may arrange for the payment of remuneration, allowances and
expenses to any person who—
(a)
is a member of a joint committee or a joint sub-committee, but
(b)
is not a member of Ofqual or Ofqual’s staff.
15
Procedure etc.
9     (1)
Ofqual may regulate—
(a)
its own proceedings (including quorum), and
(b)
the procedure (including quorum) of Ofqual committees.
      (2)
A joint committee may regulate—
20
(a)
its own procedure (including quorum), and
(b)
the procedure (including quorum) of any sub-committee established
by it.
      (3)
The validity of proceedings of Ofqual, or of an Ofqual committee, a joint
committee or joint sub-committee is not affected by—
25
(a)
a vacancy;
(b)
a defective appointment.
Delegation
10    (1)
Ofqual may delegate any of its functions to—
(a)
a member of Ofqual or Ofqual’s staff;
30
(b)
a committee established by Ofqual;
(c)
a joint committee.
      (2)
A function is delegated under this paragraph to the extent and on the terms
that Ofqual determines.
11    (1)
A committee established by Ofqual or a joint committee may delegate any of
35
its functions to a sub-committee established by it.
      (2)
A function is delegated under this paragraph to the extent and on the terms
that the committee determines.
      (3)
The power of a committee established by Ofqual to delegate a function
under this paragraph, and to determine the extent and terms of the
40

Apprenticeships, Skills, Children and Learning Bill
Schedule 10 — Ofqual: transfer schemes
200

delegation, are subject to Ofqual’s powers to direct what a committee
established by it may and may not do.
      (4)
The power of a joint committee to delegate a function under this paragraph,
and to determine the extent and terms of the delegation, are subject to the
power of Ofqual and any other person with whom Ofqual established the
5
joint committee to direct (acting jointly) what the committee may and may
not do.
Documents
12
The application of Ofqual’s seal is authenticated by the signatures of—
(a)
two members of Ofqual, or
10
(b)
one member of Ofqual and another person who has been authorised
(generally or specifically) for that purpose by Ofqual.
13
The Documentary Evidence Act 1868 (c. 37) has effect in relation to Ofqual
as if—
(a)
Ofqual were included in the first column of the Schedule to that Act,
15
(b)
any member or other person authorised to act on Ofqual’s behalf
were mentioned in the second column of that Schedule, and
(c)
the regulations referred to in that Act included any document issued
by Ofqual or under its authority.
Supplementary powers
20
14    (1)
Ofqual may do anything that it considers necessary or appropriate for the
purposes of, or in connection with, its functions.
      (2)
The power in sub-paragraph (1) is subject to any restrictions imposed by or
under any provision of any Act.
      (3)
Ofqual may not lend money.
25
Schedule 10
Section 167

Ofqual: transfer schemes
Staff transfer schemes
1     (1)
The Secretary of State may make a scheme (a “staff transfer scheme”)
providing—
30
(a)
for a designated employee of the QCDA to become a member of
Ofqual’s staff and, accordingly, to become employed in the civil
service of the state;
(b)
so far as may be consistent with employment in the civil service of
the state, for the terms and conditions of the employee’s employment
35
to have effect as if they were the conditions of service as a member of
Ofqual’s staff;
(c)
for the transfer to Ofqual of the rights, powers, duties and liabilities
of the QCDA under or in connection with the employee’s contract of
employment;
40

Apprenticeships, Skills, Children and Learning Bill
Schedule 10 — Ofqual: transfer schemes
201

(d)
for anything done (or having effect as if done) before that transfer by
or in relation to the QCDA in respect of such a contract or the
employee to be treated as having been done by or in relation to
Ofqual.
      (2)
A staff transfer scheme may provide for a period before a person became a
5
member of Ofqual’s staff to count as a period during which the person was
a member of Ofqual’s staff (and for the operation of the scheme not to be
treated as having interrupted the continuity of that period).
      (3)
A staff transfer scheme may provide for an employee of the QCDA who
would otherwise become a member of Ofqual’s staff not to become such a
10
member of staff if the employee gives notice objecting to the operation of the
scheme in relation to the employee.
      (4)
A staff transfer scheme may provide for any person who would be treated
(whether by an enactment or otherwise) as being dismissed by the operation
of the scheme not to be so treated.
15
      (5)
A staff transfer scheme may provide for an employee of the QCDA to
become a member of Ofqual’s staff despite any provision, of whatever
nature, which would otherwise prevent the person from being employed in
the civil service of the state.
Property transfer schemes
20
2     (1)
The Secretary of State may make a scheme (a “property transfer scheme”)
providing for the transfer from the QCDA to Ofqual of designated property,
rights or liabilities.
      (2)
A property transfer scheme may—
(a)
create rights, or impose liabilities, in relation to property or rights
25
transferred by virtue of the scheme;
(b)
provide for anything done by or in relation to the QCDA in
connection with any property, rights or liabilities transferred by the
scheme to be treated as done, or to be continued, by or in relation to
Ofqual;
30
(c)
apportion property, rights and liabilities;
(d)
make provision about the continuation of legal proceedings.
      (3)
The things that may be transferred by a property transfer scheme include—
(a)
property, rights and liabilities that could not otherwise be
transferred;
35
(b)
property acquired, and rights and liabilities arising, after the making
of the scheme.
Continuity
3
A transfer by virtue of a staff transfer scheme or a property transfer scheme
does not affect the validity of anything done by or in relation to the QCDA
40
before the transfer takes effect.
Supplementary provision etc.
4
A staff transfer scheme or a property transfer scheme may include
supplementary, incidental, transitional and consequential provision.

Apprenticeships, Skills, Children and Learning Bill
Schedule 11 — The Qualifications and Curriculum Development Agency
202

Interpretation
5
In this Schedule—
“designated”, in relation to a staff transfer scheme or a property transfer
scheme, means specified in, or determined in accordance with, the
scheme;
5
“the QCDA” means the Qualifications and Curriculum Authority, to be
known instead as the Qualifications and Curriculum Development
Agency by virtue of section 169.
Schedule 11
Section 169

The Qualifications and Curriculum Development Agency
10
Status
1     (1)
The QCDA is not to be regarded—
(a)
as a servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.
      (2)
The QCDA’s property is not to be regarded—
15
(a)
as property of the Crown, or
(b)
as property held on behalf of the Crown.
Membership
2     (1)
The QCDA is to consist of—
(a)
between 8 and 13 members appointed by the Secretary of State (the
20
“ordinary members”), and
(b)
the chief officer of the QCDA.
      (2)
The Secretary of State—
(a)
must appoint one of the ordinary members to chair the QCDA (“the
chair”), and
25
(b)
may appoint another ordinary member as deputy to the chair (“the
deputy”).
Chief officer
3     (1)
The chief officer is to be appointed by the QCDA, on conditions of service
determined by the QCDA.
30
      (2)
The appointment and conditions of service of the chief officer are subject to
the approval of the Secretary of State.
Chair and chief officer: division of functions
4     (1)
The Secretary of State may confer additional functions in relation to the
QCDA on the chair.
35
      (2)
The functions for the time being conferred on the chief officer of the QCDA
must not include any function for the time being conferred under sub-
paragraph (1) on the chair.

Apprenticeships, Skills, Children and Learning Bill
Schedule 11 — The Qualifications and Curriculum Development Agency
203

Tenure
5     (1)
The chair, the deputy and other ordinary members hold and vacate office in
accordance with the terms of their appointments, subject to the following
provisions of this Schedule.
      (2)
An ordinary member must not be appointed for a term of more than 5 years.
5
      (3)
The chair, the deputy and other ordinary members may resign from office at
any time by giving written notice to the Secretary of State.
      (4)
The Secretary of State may remove the deputy from office if the Secretary of
State thinks it appropriate to do so.
      (5)
The Secretary of State may remove an ordinary member from office on either
10
of the following grounds—
(a)
inability or unfitness to carry out the duties of office;
(b)
absence from the QCDA’s meetings for a continuous period of more
than 6 months without the QCDA’s permission.
      (6)
The previous appointment of a person as the chair, the deputy or another
15
ordinary member does not affect the person’s eligibility for re-appointment.
      (7)
If the chair or the deputy ceases to be an ordinary member, the person also
ceases to be the chair or the deputy.
Remuneration etc. of ordinary members
6     (1)
The QCDA must, if the Secretary of State requires it to do so, pay
20
remuneration, allowances and expenses to any of the ordinary members.
      (2)
The QCDA must, if the Secretary of State requires it to do so, pay, or make
provision for the payment of, a pension, allowances or gratuities to or in
respect of a current or former ordinary member.
      (3)
If a person ceases to be an ordinary member and the Secretary of State
25
decides that the person should be compensated because of special
circumstances, the QCDA must pay compensation to the person.
      (4)
The amount of a payment under this paragraph is to be determined by the
Secretary of State.
Staff
30
7     (1)
The QCDA may appoint staff.
      (2)
The following are to be determined by the QCDA with the approval of the
Secretary of State—
(a)
the number of members of staff of the QCDA;
(b)
their conditions of service.
35
8     (1)
Employment with the QCDA is to be included among the kinds of
employment to which a scheme under section 1 of the Superannuation Act
1972 (c. 11) (superannuation schemes as respects civil servants, etc.) can
apply.
      (2)
The QCDA must pay to the Minister for the Civil Service, at such times as
40
the Minister may direct, such sums as the Minister may determine in respect

Apprenticeships, Skills, Children and Learning Bill
Schedule 11 — The Qualifications and Curriculum Development Agency
204

of increases attributable to this paragraph in the sums payable under the
Superannuation Act 1972 out of money provided by Parliament.
      (3)
Sub-paragraph (4) applies if a member of staff of the QCDA (“E”)—
(a)
is, by reference to employment with the QCDA, a participant in a
scheme under section 1 of the Superannuation Act 1972 (c. 11), and
5
(b)
is also a member of the QCDA.
      (4)
The Secretary of State may determine that E’s service as a member of the
QCDA is to be treated for the purposes of the scheme as service as a member
of staff of the QCDA (whether or not any benefits are payable to or in respect
of E by virtue of paragraph 6(2)).
10
Committees
9     (1)
The QCDA may establish committees, and any committee established under
this sub-paragraph may establish sub-committees.
      (2)
If so directed by the Secretary of State, the QCDA must establish a committee
for the purpose specified in the direction.
15
      (3)
A direction under sub-paragraph (2) may specify—
(a)
the number of members of the committee,
(b)
the terms and conditions on which members of the committee hold
and vacate office,
(c)
the circumstances in which the committee may establish sub-
20
committees, and
(d)
the circumstances in which the QCDA can dissolve the committee
and any sub-committee established by the committee.
      (4)
The QCDA may—
(a)
dissolve a sub-committee established under sub-paragraph (1), or
25
(b)
alter the purposes for which such a sub-committee is established.
      (5)
In this Schedule a committee or sub-committee established under sub-
paragraph (1) or (2) is referred to as a “QCDA committee”.
      (6)
A QCDA committee must include at least one member of the QCDA or the
QCDA’s staff.
30
      (7)
The QCDA may arrange for the payment of remuneration, allowances and
expenses to any person who—
(a)
is a member of a QCDA committee, but
(b)
is not a member of the QCDA or the QCDA’s staff.
      (8)
The QCDA must at least once in any 5 year period review—
35
(a)
the structure of QCDA committees, and
(b)
the scope of each QCDA committee’s activities.
      (9)
The first review under sub-paragraph (8) must be completed not later than
the day which is the end of the period of 5 years beginning with the day on
which section 169 comes into force.
40
10    (1)
The QCDA and any other person may establish a committee jointly.
      (2)
In this Schedule a committee established under sub-paragraph (1) is referred
to as a “joint committee”.