Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Schedule 11 — The Qualifications and Curriculum Development Agency
205

      (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
member of the QCDA or the QCDA’s staff.
5
      (6)
The QCDA 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 the QCDA or the QCDA’s staff.
Procedure etc.
10
11    (1)
The QCDA may regulate—
(a)
its own proceedings (including quorum), and
(b)
the procedure (including quorum) of QCDA committees.
      (2)
A joint committee may regulate—
(a)
its own procedure (including quorum), and
15
(b)
the procedure (including quorum) of any sub-committee established
by it.
      (3)
The validity of proceedings of the QCDA, or of a QCDA committee, joint
committee or joint sub-committee is not affected by—
(a)
a vacancy;
20
(b)
a defective appointment.
12    (1)
The following have the right to attend meetings of the QCDA, and of QCDA
committees, joint committees and joint sub-committees—
(a)
the Secretary of State;
(b)
a representative of the Secretary of State;
25
(c)
Her Majesty’s Chief Inspector of Education, Children’s Services and
Skills;
(d)
a representative of the Chief Inspector;
(e)
a representative of such other body as the Secretary of State may
direct.
30
      (2)
A person attending a meeting of the QCDA, or of a QCDA committee, joint
committee or joint sub-committee under sub-paragraph (1) may take part in
its deliberations (but not its decisions).
      (3)
If a person with a right to attend a meeting of the QCDA, or of a QCDA
committee, joint committee or joint sub-committee requests it, the QCDA
35
must provide the person with all information relating to the meeting that—
(a)
has been distributed to members of the QCDA or of the QCDA
committee, joint committee or joint sub-committee, and
(b)
is likely to be needed by the person in order to take part in the
meeting.
40
Delegation
13    (1)
The QCDA may delegate any of its functions to—
(a)
a member of the QCDA or the QCDA’s staff;

Apprenticeships, Skills, Children and Learning Bill
Schedule 11 — The Qualifications and Curriculum Development Agency
206

(b)
a committee established by the QCDA;
(c)
a joint committee.
      (2)
A function is delegated under this paragraph to the extent and on the terms
that the QCDA determines.
14    (1)
A committee established by the QCDA or a joint committee may delegate
5
any of 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 the QCDA to delegate a function
under this paragraph, and to determine the extent and terms of the
10
delegation, are subject to the powers of the QCDA and (in the case of a
committee established under paragraph 9(2)) the Secretary of State to direct
what the committee 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
15
power of the QCDA and any other person with whom the QCDA
established the joint committee to direct (acting jointly) what the committee
may and may not do.
15
The Secretary of State may authorise any committee established under
paragraph 9(2) to perform such of the QCDA’s functions as are specified in
20
the direction given under that provision.
Reports
16    (1)
As soon as reasonably practicable after the end of each financial year the
QCDA must prepare an annual report for the financial year.
      (2)
The annual report must state how the QCDA has performed its functions in
25
the financial year.
      (3)
The QCDA must publish each annual report and send a copy to the
Secretary of State.
      (4)
The Secretary of State must lay before Parliament a copy of each annual
report received under sub-paragraph (3).
30
Accounts
17    (1)
The QCDA must—
(a)
keep proper accounts and proper records in relation to the accounts,
and
(b)
prepare annual accounts in respect of each financial year.
35
      (2)
The annual accounts must comply with any directions given by the
Secretary of State as to—
(a)
the information to be contained in them,
(b)
the manner in which the information contained in them is to be
presented, or
40
(c)
the methods and principles according to which the annual accounts
are to be prepared.

Apprenticeships, Skills, Children and Learning Bill
Schedule 11 — The Qualifications and Curriculum Development Agency
207

      (3)
Before the end of the month of August next following each financial year, the
QCDA must send copies of the annual accounts for the year to—
(a)
the Secretary of State, and
(b)
the Comptroller and Auditor General.
      (4)
The Comptroller and Auditor General must—
5
(a)
examine, certify and report on the annual accounts, and
(b)
give a copy of the report to the Secretary of State.
      (5)
The Secretary of State must lay before Parliament—
(a)
a copy of any annual accounts received under sub-paragraph (3), and
(b)
a copy of each report received under sub-paragraph (4).
10
Documents
18
The application of the QCDA’s seal is authenticated by the signatures of—
(a)
two members of the QCDA, or
(b)
one member of the QCDA and another person who has been
authorised (generally or specifically) for that purpose by the QCDA.
15
19
Any document purporting to be an instrument made or issued by or on
behalf of the QCDA, and to be duly executed by a person authorised by the
QCDA in that behalf—
(a)
is to be received in evidence, and
(b)
is to be taken to be made or issued in that way, unless the contrary is
20
shown.
Funding
20    (1)
The Secretary of State may make grants to the QCDA.
      (2)
Grants to the QCDA under this paragraph are to be made at such times and
subject to such conditions (if any) as the Secretary of State thinks
25
appropriate.
Supplementary powers
21    (1)
The QCDA 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
30
under any provision of any Act.
      (3)
The QCDA may not do either of the following without the consent of the
Secretary of State—
(a)
form bodies corporate or unincorporate;
(b)
enter into joint ventures with other persons.
35

Apprenticeships, Skills, Children and Learning Bill
Schedule 12 — Ofqual and the QCDA: minor and consequential amendments
208

Schedule 12
Sections 168 and 186

Ofqual and the QCDA: minor and consequential amendments
Public Records Act 1958 (c. 51)
1
In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the
Table (definition of public records: other establishments and organisations)
5
for “Qualifications and Curriculum Authority” substitute “Qualifications
and Curriculum Development Agency”.
Parliamentary Commissioner Act 1967 (c. 13)
2     (1)
Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.
subject to investigation) is amended as follows.
10
      (2)
At the appropriate place insert—
“Office of Qualifications and Examinations Regulation.”
      (3)
For “Qualifications and Curriculum Authority” substitute “Qualifications
and Curriculum Development Agency”.
Local Authorities (Goods and Services) Act 1970 (c. 39)
15
3     (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
20
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.
Superannuation Act 1972 (c. 11)
4
In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc,
25
referred to in section 1 of that Act) under the heading “Other bodies” for
“The Qualifications and Curriculum Authority” substitute “The
Qualifications and Curriculum Development Agency”.
House of Commons Disqualification Act 1975 (c. 24)
5     (1)
Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
30
(other disqualifying offices) is amended as follows.
      (2)
For the entry relating to members of the Qualifications and Curriculum
Authority substitute—
“Any member of the Qualifications and Curriculum Development
Agency (continued under section 169 of the Apprenticeships, Skills,
35
Children and Learning Act 2009) in receipt of remuneration.”
      (3)
At the appropriate place insert—
“The Chief Regulator of Qualifications and Examinations and any
member of the Office of Qualifications and Examinations Regulation in
receipt of remuneration.”
40

Apprenticeships, Skills, Children and Learning Bill
Schedule 12 — Ofqual and the QCDA: minor and consequential amendments
209

Northern Ireland Assembly Disqualification Act 1975 (c. 25)
6
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (other disqualifying offices) at the appropriate place insert—
“The Chief Regulator of Qualifications and Examinations and any
member of the Office of Qualifications and Examinations Regulation in
5
receipt of remuneration.”
Race Relations Act 1976 (c. 74)
7
In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies etc. subject to
general statutory duty which were added after commencement of the duty)
for “The Qualifications and Curriculum Authority” substitute “The
10
Qualifications and Curriculum Development Agency”.
Charities Act 1993 (c. 10)
8
In Schedule 2 to the Charities Act 1993 (exempt charities) omit paragraph
(da).
Education Act 1996 (c. 56)
15
9
The Education Act 1996 is amended as follows.
10
In section 391(10) (functions of advisory councils) in paragraph (a) for
“Qualifications and Curriculum Authority” substitute “Qualifications and
Curriculum Development Agency”.
11    (1)
Section 408 (provision of information) is amended as follows.
20
      (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
25
that Act”.
Education Act 1997 (c. 44)
12
The Education Act 1997 is amended as follows.
13
Sections 21 to 26A (the Qualifications and Curriculum Authority) cease to
have effect.
30
14
In section 29 (functions of the Welsh Ministers in relation to curriculum and
assessment) for subsection (5) substitute—
“(5)
In this section—
“assessment” includes examination and test;
“funded nursery education” has the meaning given by section
35
98 of the Education Act 2002;
“maintained school” means—
(a)
any community, foundation or voluntary school, and
(b)
any community or foundation special school.

Apprenticeships, Skills, Children and Learning Bill
Schedule 12 — Ofqual and the QCDA: minor and consequential amendments
210

(6)
In the definition of “maintained school”, the reference to a
community, foundation or voluntary school or to a community or
foundation special school, is a reference to such a school within the
meaning of the School Standards and Framework Act 1998.”
15    (1)
Section 30 (functions of the Welsh Ministers in relation to external vocational
5
and academic qualifications) is amended as follows.
      (2)
For subsection (1) substitute—
“(1)
This section applies for the purposes of the following functions—
(a)
to keep under review all aspects of relevant qualifications;
(b)
to provide support and advice to any person providing
10
courses leading to relevant qualifications with a view to
establishing and maintaining high standards in the provision
of such courses;
(c)
to publish and disseminate, and assist in the publication and
dissemination of, information relating to relevant
15
qualifications;
(d)
to develop and publish criteria for the recognition of any
person who awards or authenticates a relevant qualification;
(e)
to recognise in respect of the award or authentication of a
specified relevant qualification or description of relevant
20
qualification, any person who meets such criteria and applies
to be so recognised;
(f)
to determine that a specified relevant qualification or
description of relevant qualification is to be subject to a
requirement of accreditation;
25
(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
30
such criteria and is submitted for accreditation by a person
recognised under paragraph (e) in respect of the
qualification;
(i)
to publish and disseminate, and assist in the publication and
dissemination of, information relating to persons recognised
35
under paragraph (e);
(j)
to make arrangements (whether or not with others) for the
development, setting or administration of tests or tasks
which fall to be undertaken with a view to obtaining relevant
qualifications and which fall within a prescribed
40
description.”
      (3)
In subsection (1A)—
(a)
for “(1)(d)” substitute “(1)(g)”;
(b)
for “(e)” substitute “(h)”.
      (4)
In subsection (1B)—
45
(a)
in paragraph (a), for “(ca) and (cb)” substitute “(d) to (f) and (i)”;
(b)
in paragraph (b), for “external” substitute “relevant”.
      (5)
In subsection (1C)—
(a)
in paragraph (a), for “, (d) and (ea)” substitute “and (g)”;

Apprenticeships, Skills, Children and Learning Bill
Schedule 12 — Ofqual and the QCDA: minor and consequential amendments
211

(b)
in paragraph (b), for “(e) and (f)” substitute “(h) and (j)”.
      (6)
For subsection (5) substitute—
“(5)
In this Chapter “relevant qualification” means an academic or
vocational qualification awarded or authenticated in Wales other
than an excluded qualification.
5
(5A)
An excluded qualification is a qualification awarded or
authenticated by an institution within the higher education sector—
(a)
at foundation degree level or any comparable level, or
(b)
at first degree level, or any comparable or higher level.
(5B)
For the purposes of subsection (5) a qualification is awarded or
10
authenticated in Wales if there are, or may reasonably be expected to
be, persons seeking to obtain the qualification who are, will be or
may reasonably be expected to be assessed for those purposes
wholly or mainly in Wales.
(5C)
In this section and sections 32 to 32C a reference to the award or
15
authentication of a qualification includes a reference to—
(a)
the award or authentication of credits in respect of
components of a qualification, and
(b)
the award or authentication of a qualification by a person
either alone or jointly with others.”
20
      (7)
Omit subsection (6).
      (8)
In the title, for “external vocational and academic” substitute “relevant”.
16    (1)
Section 32 (supplementary provisions relating to discharge by the Welsh
Ministers of their functions) is amended as follows.
      (2)
In subsection (1)(c)—
25
(a)
in sub-paragraph (ii) before “requirements” insert “reasonable”;
(b)
for sub-paragraph (iii) substitute—
“(iii)
the reasonable requirements of persons with
learning difficulties.”
      (3)
In subsection (4) for paragraph (a) (but not the “and” after it) substitute—
30
“(a)
limiting the amount of a fee that can be charged for the award
or authentication of, or for the provision of any other service
in relation to, the qualification in question;”.
      (4)
Omit subsection (4A).
      (5)
For subsection (6) substitute—
35
“(6)
In this section “persons with learning difficulties” means—
(a)
children with special educational needs (as defined in section
312 of the Education Act 1996), and
(b)
other persons who—
(i)
have a significantly greater difficulty in learning than
40
the majority of persons of their age, or
(ii)
have a disability which either prevents or hinders
them from making use of educational facilities of a
kind generally provided for persons of their age.