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 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
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(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)”.
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      (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.”
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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
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      (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.
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(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”.
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      (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”;
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(b)
in paragraph (b) for “Authority” substitute “Agency”;
(c)
omit the words from “and shall send copies” to the end.