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Apprenticeships, Skills, Children and Learning Bill


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

212

 

(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

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.

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

established by it.

(8)   

The validity of proceedings of a joint committee or a joint sub-

committee is not affected by—

30

(a)   

a vacancy, or

(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

determine.

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

from that subsection, or

45

 
 

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

213

 

(b)   

authorises the disclosure of information in contravention of

any provision made by or under any Act which prevents

disclosure of the information.

(13)   

In this section—

“qualifications functions” means functions in connection with

5

relevant qualifications;

“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

Ministers;

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

follows.

      (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”.

      (4)  

Omit subsection (6).

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

be likely to prejudice—

(a)   

the proper award or authentication by the person of the

30

qualification or a qualification of the description in question,

or

(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

prejudice—

(a)   

the proper award or authentication by the person of the

qualification, or

45

(b)   

persons who might reasonably be expected to seek to obtain

the qualification.

 
 

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

214

 

(5)   

Before withdrawing recognition from a recognised person in any

respect the Welsh Ministers must give notice to the person of their

intention to do so.

(6)   

The notice must—

(a)   

set out the Welsh Ministers’ reasons for proposing to

5

withdraw recognition from the recognised person in the

respect in question, and

(b)   

specify the period during which, and the way in which, the

recognised person may make representations about the

proposal.

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

respect in question.

(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

Welsh Ministers.

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

qualification.

(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

subsection (1).

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

comes into force”.

 
 

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

215

 

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

section 25 or 31,”.

23         

In section 58(6) (short title, commencement and extent etc)—

5

(a)   

omit the entries for—

(i)   

sections 21 and 22,

(ii)   

section 24(4), (6) and (7),

(iii)   

sections 26 and 26A, and

(iv)   

Schedule 4;

10

(b)   

for “34 to 36” substitute “35”.

24         

Schedule 4 (the Qualifications and Curriculum Authority) ceases to have

effect.

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

qualification”.

      (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

2009 applies;

25

(b)   

in relation to Wales, has the same meaning as in section 30 of

the Education Act 1997.”

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.”

 
 

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

216

 

      (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.

      (2)  

In subsection (2)—

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

Education Act 1997, and

(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”.

      (5)  

At the end insert—

“(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

specify.”

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”.

 
 

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

217

 

35    (1)  

Section 87 (establishment of the National Curriculum for England by order)

is amended as follows.

      (2)  

In subsection (5) for “published as specified” substitute “published by a

person, and in the manner, specified”.

      (3)  

In subsection (7)—

5

(a)   

omit the “and” at the end of paragraph (a);

(b)   

after paragraph (b) insert—

“(c)   

the Qualifications and Curriculum Development

Agency, and

(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,”.

      (4)  

Omit subsection (9).

      (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)

or (b)).

(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

State.

(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

(b)   

the reviewing body.”

 
 

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

218

 

      (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

for different purposes.”

37    (1)  

Section 96 (procedure for making certain orders and regulations) is

10

amended as follows.

      (2)  

In subsection (2)—

(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

Agency”)”;

(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,

and

(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

proposal.”

      (4)  

In subsection (4)—

(a)   

for “Authority”, wherever appearing, substitute “Agency”;

(b)   

in paragraph (c) for “think” substitute “thinks”.

35

      (5)  

In subsection (5)—

(a)   

for “Authority” substitute “Agency”;

(b)   

for “their” substitute “its”.

      (6)  

In subsection (6)—

(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.

 
 

 
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