|
| |
|
(7) | But a person is not to be taken to have a learning difficulty solely |
| |
because the language (or form of language) in which the person is or |
| |
will be taught is different from a language (or form of language) |
| |
which has at any time been spoken in the person’s home.” |
| |
17 | After section 32 insert— |
| 5 |
“32ZA | Qualifications functions of Welsh Ministers: co-operation and joint |
| |
| |
(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. |
| 10 |
(2) | The Welsh Ministers may provide information to a relevant |
| |
authority for the purpose of enabling or facilitating the carrying out |
| |
of a relevant function of the authority. |
| |
(3) | Subject to subsection (4), the Welsh Ministers and any other relevant |
| |
authority may establish a committee jointly, and any committee so |
| 15 |
established may establish sub-committees. |
| |
(4) | The Welsh Ministers may only exercise the power in subsection (3) if |
| |
they consider it appropriate to do so for the purpose of the carrying |
| |
out of any of their qualifications functions. |
| |
(5) | In this section a committee established under subsection (3) is |
| 20 |
referred to as a “joint committee” and a sub-committee established |
| |
under that subsection is referred to as a “joint sub-committee”. |
| |
(6) | A joint committee and a joint sub-committee must include at least |
| |
one member of staff of the Welsh Assembly Government. |
| |
(7) | A joint committee may regulate— |
| 25 |
(a) | its own procedure (including quorum), and |
| |
(b) | the procedure (including quorum) of any sub-committee |
| |
| |
(8) | The validity of proceedings of a joint committee or a joint sub- |
| |
committee is not affected by— |
| 30 |
| |
(b) | a defective appointment. |
| |
(9) | The Welsh Ministers may delegate any of their qualifications |
| |
functions to a joint committee to the extent and on the terms that they |
| |
| 35 |
(10) | A joint committee may delegate any of its functions to a sub- |
| |
committee established by it to the extent and on the terms that the |
| |
joint committee determines. |
| |
(11) | The powers of a joint committee under subsection (10) are subject to |
| |
the power of the Welsh Ministers and any other person with whom |
| 40 |
they established the joint committee to direct (acting jointly) what |
| |
the committee may and may not do. |
| |
(12) | Nothing in subsection (2)— |
| |
(a) | affects any power to disclose information that exists apart |
| |
| 45 |
|
| |
|
| |
|
(b) | authorises the disclosure of information in contravention of |
| |
any provision made by or under any Act which prevents |
| |
disclosure of the information. |
| |
| |
“qualifications functions” means functions in connection with |
| 5 |
| |
“relevant authority” means any person who carries out a |
| |
function (whether or not in the United Kingdom) which is |
| |
similar to any of the qualifications functions of the Welsh |
| |
| 10 |
“relevant function” means a function which is similar to any of |
| |
the qualifications functions of the Welsh Ministers.” |
| |
18 (1) | Section 32A (power of the Welsh Ministers to give directions) is amended as |
| |
| |
(2) | In subsection (1)(b)(i) for “any qualification accredited by them or by the |
| 15 |
Qualifications and Curriculum Authority” substitute “any qualification in |
| |
respect of which that person is recognised by them or by the Office of |
| |
Qualifications and Examinations Regulation”. |
| |
(3) | In subsection (5) after “this section” insert “and sections 32B and 32C”. |
| |
| 20 |
19 | After section 32A insert— |
| |
“32B | Power of Welsh Ministers to withdraw recognition |
| |
(1) | Subsection (2) applies if a recognised person has failed to comply |
| |
with any condition subject to which the recognition has effect. |
| |
(2) | The Welsh Ministers may withdraw recognition from the recognised |
| 25 |
person in respect of the award or authentication of a specified |
| |
qualification or a specified description of qualification if it appears to |
| |
them that the failure mentioned in subsection (1) prejudices or would |
| |
| |
(a) | the proper award or authentication by the person of the |
| 30 |
qualification or a qualification of the description in question, |
| |
| |
(b) | persons who might reasonably be expected to seek to obtain |
| |
the qualification or a qualification of the description in |
| |
question awarded or authenticated by the person. |
| 35 |
(3) | Subsection (4) applies if a recognised person who awards or |
| |
authenticates a qualification accredited by the Welsh Ministers has |
| |
failed to comply with any condition subject to which the |
| |
accreditation has effect. |
| |
(4) | The Welsh Ministers may withdraw recognition from the recognised |
| 40 |
person in respect of the qualification if it appears to them that the |
| |
failure mentioned in subsection (3) prejudices or would be likely to |
| |
| |
(a) | the proper award or authentication by the person of the |
| |
| 45 |
(b) | persons who might reasonably be expected to seek to obtain |
| |
| |
|
| |
|
| |
|
(5) | Before withdrawing recognition from a recognised person in any |
| |
respect the Welsh Ministers must give notice to the person of their |
| |
| |
| |
(a) | set out the Welsh Ministers’ reasons for proposing to |
| 5 |
withdraw recognition from the recognised person in the |
| |
| |
(b) | specify the period during which, and the way in which, the |
| |
recognised person may make representations about the |
| |
| 10 |
(7) | The Welsh Ministers must have regard to any representations made |
| |
by the recognised person during the period specified in the notice in |
| |
deciding whether to withdraw recognition from the person in the |
| |
| |
(8) | If the Welsh Ministers decide to withdraw recognition from a |
| 15 |
recognised person they must give notice to the person of their |
| |
decision and of the date on which the withdrawal is to take effect. |
| |
(9) | At any time before a withdrawal takes effect the Welsh Ministers |
| |
may vary the date on which it is to take effect by giving further notice |
| |
to the recognised person. |
| 20 |
(10) | The Welsh Ministers must establish arrangements for the review, at |
| |
the request of a recognised person, of a decision to withdraw |
| |
recognition under this section. |
| |
(11) | The arrangements established under subsection (10) may require or |
| |
permit the decision on review to be made by a person other than the |
| 25 |
| |
32C | Surrender of recognition |
| |
(1) | A recognised person may give notice to the Welsh Ministers that the |
| |
person wishes to cease to be recognised in respect of the award or |
| |
authentication of a specified qualification or description of |
| 30 |
| |
(2) | As soon as reasonably practicable after receipt of a notice under |
| |
subsection (1) the Welsh Ministers must give notice to the recognised |
| |
person of the date on which the person is to cease to be recognised in |
| |
the respect in question (“the surrender date”). |
| 35 |
(3) | In deciding the surrender date the Welsh Ministers must have regard |
| |
to the need to avoid prejudicing persons who are seeking, or might |
| |
reasonably be expected to seek, to obtain the qualification, or a |
| |
qualification of the description, specified in the notice under |
| |
| 40 |
(4) | The Welsh Ministers may make saving or transitional provision in |
| |
connection with a recognised person ceasing to be recognised in any |
| |
respect by virtue of this section.” |
| |
20 | In section 35(1) (transfer of staff) at the end insert “, known instead as the |
| |
Qualifications and Curriculum Development Agency from the day on which |
| 45 |
section 169 of the Apprenticeships, Skills, Children and Learning Act 2009 |
| |
| |
|
| |
|
| |
|
21 | Section 36 (levy on bodies awarding qualifications accredited by relevant |
| |
body) ceases to have effect. |
| |
22 | In section 54(1) (orders and regulations) omit “, except an order under |
| |
| |
23 | In section 58(6) (short title, commencement and extent etc)— |
| 5 |
(a) | omit the entries for— |
| |
| |
(ii) | section 24(4), (6) and (7), |
| |
(iii) | sections 26 and 26A, and |
| |
| 10 |
(b) | for “34 to 36” substitute “35”. |
| |
24 | Schedule 4 (the Qualifications and Curriculum Authority) ceases to have |
| |
| |
25 | In Schedule 7 (minor and consequential amendments) omit paragraph 2. |
| |
Learning and Skills Act 2000 (c. 21) |
| 15 |
26 | The Learning and Skills Act 2000 is amended as follows. |
| |
27 (1) | Section 96 (external qualifications: persons under 19) is amended as follows. |
| |
(2) | In subsection (1)(b) for “an external qualification” substitute “a relevant |
| |
| |
(3) | In subsection (2) for “external” substitute “relevant”. |
| 20 |
(4) | For subsections (5) to (7) substitute— |
| |
“(5) | In this section “a relevant qualification”— |
| |
(a) | in relation to England, means a qualification to which Part 7 |
| |
of the Apprenticeships, Skills, Children and Learning Act |
| |
| 25 |
(b) | in relation to Wales, has the same meaning as in section 30 of |
| |
| |
28 (1) | Section 98 (approved qualifications: England) is amended as follows. |
| |
(2) | Before subsection (3) insert— |
| |
“(2B) | A qualification may be approved only if— |
| 30 |
(a) | the conditions mentioned in subsection (2C) are satisfied in |
| |
relation to the qualification, or |
| |
(b) | the Office of Qualifications and Examinations Regulation is |
| |
consulted before the approval is given. |
| |
(2C) | The conditions are that— |
| 35 |
(a) | the qualification is a regulated qualification within the |
| |
meaning of Part 7 of the Apprenticeships, Skills, Children |
| |
and Learning Act 2009, and |
| |
(b) | if the qualification is subject to the accreditation requirement |
| |
(within the meaning of Chapter 2 of that Part), it is accredited |
| 40 |
under section 137 of that Act.” |
| |
|
| |
|
| |
|
(3) | In subsections (7) and (8) for “Qualifications and Curriculum Authority” |
| |
substitute “Qualifications and Curriculum Development Agency or the |
| |
Young People’s Learning Agency for England”. |
| |
29 (1) | In section 99 (approved qualifications: Wales) is amended as follows. |
| |
| 5 |
(a) | before paragraph (a) insert— |
| |
“(za) | the conditions mentioned in subsection (2ZA) are |
| |
then satisfied in relation to the qualification,”; |
| |
(b) | in paragraphs (a) and (b) after “then” insert “otherwise”. |
| |
(3) | After subsection (2) insert— |
| 10 |
“(2ZA) | The conditions are that— |
| |
(a) | the qualification is awarded or authenticated by a person |
| |
recognised in that respect under section 30(1)(e) of the |
| |
| |
(b) | if the qualification is subject to a requirement of accreditation |
| 15 |
pursuant to a determination made under section 30(1)(f) of |
| |
that Act, it is accredited under section 30(1)(h) of that Act.” |
| |
Freedom of Information Act 2000 (c. 36) |
| |
30 | In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public |
| |
bodies and offices: general) for “The Qualifications Curriculum Authority” |
| 20 |
substitute “The Qualifications and Curriculum Development Agency”. |
| |
Education Act 2002 (c. 32) |
| |
31 | The Education Act 2002 is amended as follows. |
| |
32 (1) | Section 76 (interpretation of Part 6) is amended as follows. |
| |
(2) | At the beginning insert “(1)”. |
| 25 |
(3) | In the definition of “assess” omit “examine and”. |
| |
(4) | In the definition of “assessment arrangements” for the words from “for the |
| |
purpose” to the end substitute “for the specified purposes”. |
| |
| |
“(2) | In subsection (1) “the specified purposes”, in relation to assessment |
| 30 |
arrangements for a key stage, means— |
| |
(a) | the purpose of ascertaining what pupils have achieved in |
| |
relation to the attainment targets for that stage, and |
| |
(b) | such other purposes as the Secretary of State may by order |
| |
| 35 |
33 | In section 85(6) (curriculum requirements for the fourth key stage) for |
| |
“Qualifications and Curriculum Authority” substitute “Qualifications and |
| |
Curriculum Development Agency”. |
| |
34 | In section 85A(5) (entitlement areas for the fourth key stage) for |
| |
“Qualifications and Curriculum Authority” substitute “Qualifications and |
| 40 |
Curriculum Development Agency”. |
| |
|
| |
|
| |
|
35 (1) | Section 87 (establishment of the National Curriculum for England by order) |
| |
| |
(2) | In subsection (5) for “published as specified” substitute “published by a |
| |
person, and in the manner, specified”. |
| |
| 5 |
(a) | omit the “and” at the end of paragraph (a); |
| |
(b) | after paragraph (b) insert— |
| |
“(c) | the Qualifications and Curriculum Development |
| |
| |
(d) | any other person with whom the Secretary of State |
| 10 |
has made arrangements in connection with the |
| |
development, implementation or monitoring of |
| |
assessment arrangements,”. |
| |
| |
(5) | In subsection (10) for the words before paragraph (a) substitute “The duties |
| 15 |
that may be imposed by virtue of subsection (7)(a) or (b) include, in relation |
| |
to persons exercising any function in connection with the moderation or |
| |
monitoring of assessment arrangements, the duty to permit them—”. |
| |
(6) | For subsection (11) substitute— |
| |
“(11) | An order under subsection (3)(c) may authorise a person specified in |
| 20 |
the order to make delegated supplementary provisions in relation to |
| |
such matters as may be specified in the order. |
| |
(12) | In this section “delegated supplementary provisions” means such |
| |
provisions as appear to the authorised person to be expedient for |
| |
giving full effect to, or otherwise supplementing, the provisions |
| 25 |
made by the order (other than provisions made by the order |
| |
conferring or imposing functions as mentioned in subsection (7)(a) |
| |
| |
(13) | An order under subsection (3)(c) authorising the making of |
| |
delegated supplementary provisions may provide that such |
| 30 |
provisions may be made only with the approval of the Secretary of |
| |
| |
(14) | Any delegated supplementary provisions shall, on being published |
| |
as specified in the order under which they are made, have effect for |
| |
the purposes of this Part as if made by the order.” |
| 35 |
36 (1) | Section 90 (development work and experiments) is amended as follows. |
| |
(2) | In subsections (3)(c) and (4) for “Qualifications and Curriculum Authority” |
| |
substitute “Qualifications and Curriculum Development Agency”. |
| |
(3) | In subsection (5) for the words from “to the” to the end substitute “on any |
| |
matters specified by the Secretary of State to— |
| 40 |
(a) | the Secretary of State, or |
| |
| |
|
| |
|
| |
|
(4) | After subsection (5) insert— |
| |
“(5A) | If required by the Secretary of State to do so the reviewing body shall |
| |
keep under review development work or experiments carried out |
| |
following a direction given under subsection (1). |
| |
(5B) | In this section “the reviewing body” means the Qualifications and |
| 5 |
Curriculum Development Agency, or any other person, if designated |
| |
as such by the Secretary of State. |
| |
(5C) | A designation under subsection (5B) may make different provision |
| |
| |
37 (1) | Section 96 (procedure for making certain orders and regulations) is |
| 10 |
| |
| |
(a) | for “Qualifications and Curriculum Authority (in this section |
| |
referred to as “the Authority”)” substitute “Qualifications and |
| |
Curriculum Development Agency (in this section referred to as “the |
| 15 |
| |
(b) | for “them” substitute “it”; |
| |
(c) | for “they are” substitute “it is”. |
| |
(3) | For subsection (3) substitute— |
| |
“(3) | The Agency shall give notice of the proposal to such of the following |
| 20 |
as appear to it to be concerned with the proposal— |
| |
(a) | associations of local education authorities, |
| |
(b) | bodies representing the interests of school governing bodies, |
| |
| |
(c) | organisations representing school teachers. |
| 25 |
(3A) | The Agency shall also publish the proposal in such manner as, in its |
| |
opinion, is likely to bring the proposal to the notice of any other |
| |
persons who may be concerned with the proposal. |
| |
(3B) | The Agency shall give the bodies and other persons mentioned in |
| |
subsections (3) and (3A) a reasonable opportunity of submitting |
| 30 |
evidence and representations as to the issues arising from the |
| |
| |
| |
(a) | for “Authority”, wherever appearing, substitute “Agency”; |
| |
(b) | in paragraph (c) for “think” substitute “thinks”. |
| 35 |
| |
(a) | for “Authority” substitute “Agency”; |
| |
(b) | for “their” substitute “its”. |
| |
| |
(a) | for “Authority have” substitute “Agency has”; |
| 40 |
(b) | in paragraph (b) for “Authority” substitute “Agency”; |
| |
(c) | omit the words from “and shall send copies” to the end. |
| |
|
| |
|