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Apprenticeships, Skills, Children and Learning Bill


Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 3 — Chief Executive’s functions: supplementary

67

 

(b)   

the body whose strategy it is may refer the matter to the Secretary of

State.

(8)   

On a reference under subsection (7) the Secretary of State may give such

direction to the Chief Executive as the Secretary of State thinks fit as to the

carrying out of the function.

5

Other

112     

Persons aged 19 or over with learning difficulties

(1)   

The Chief Executive must, in performing the functions of the office, have

regard to the needs of persons with learning difficulties to whom this section

applies.

10

(2)   

This section applies to persons who are aged 19 or over, other than persons

aged under 25 who are subject to learning difficulty assessment.

(3)   

For the purposes of this section, a person has a learning difficulty if—

(a)   

the person has a significantly greater difficulty in learning than the

majority of persons of the same age, or

15

(b)   

the person has a disability which either prevents or hinders the person

from making use of facilities of a kind generally provided by

institutions providing education or training falling within section

84(1)(a) or (b).

(4)   

But a person is not to be taken to have a learning difficulty solely because the

20

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.

113     

Persons subject to adult detention

The Chief Executive must, in performing the functions of the office, have

25

regard to the needs of persons subject to adult detention.

114     

Use of information by Chief Executive

The Chief Executive must, in performing the functions of the office, have

regard to information supplied to the Chief Executive by any person

designated for the purposes of this section by the Secretary of State.

30

115     

Guidance

(1)   

The Chief Executive must, in performing the functions of the office, have

regard to any guidance given by the Secretary of State.

(2)   

Guidance under this section may include in particular guidance about—

(a)   

consultation with persons mentioned in subsection (3) in connection

35

with the taking of decisions which affect such persons, and

(b)   

taking advice from such persons or descriptions of persons as may be

specified in the guidance.

(3)   

The persons are—

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 3 — Chief Executive’s functions: supplementary

68

 

(a)   

persons receiving or proposing to receive education or training within

the Chief Executive’s remit,

(b)   

employers, or

(c)   

such other persons or descriptions of persons as may be specified in the

guidance.

5

(4)   

Guidance under this section about consultation with persons falling within

subsection (3)(a) must provide for the views of such persons to be considered

in the light of their age and understanding.

116     

Directions: funding of qualifications

(1)   

The Secretary of State may direct the Chief Executive that financial resources

10

provided by the Chief Executive to a relevant institution or employer must be

provided subject to a condition that the institution or employer does not make

an excluded payment which can reasonably be said to consist of or come from

financial resources received from the Chief Executive.

(2)   

A direction under subsection (1) relating to a qualification may be made after

15

any course of training or education leading to the qualification has begun.

(3)   

In this section—

“an excluded payment” is a payment which —

(a)   

is in respect of a qualification to which Part 7 applies (see section

128) that is specified or of a description specified in the

20

direction, and

(b)   

is made to the person who awards that qualification;

“relevant institution or employer” means an institution or employer who

provides or is proposing to provide a course of training or education for

persons who are aged 19 or over which leads to a qualification to which

25

Part 7 applies.

117     

Directions: funding conditions requiring co-operation

(1)   

The Secretary of State may direct the Chief Executive that financial resources

provided by the Chief Executive to a provider specified, or of a description

specified, in the direction, must be provided subject to a condition that in

30

circumstances, and for purposes, so specified the provider—

(a)   

co-operates—

(i)   

with any other specified provider or providers, or with any

other provider or providers of a specified description, or

(ii)   

with any other specified person, and

35

(b)   

in fulfilling, or otherwise acting in connection with, any condition

imposed by virtue of this section, has regard to any guidance issued by

the Secretary of State under this paragraph.

(2)   

In subsection (1), “provider” means a person providing or proposing to

provide education or training within the Chief Executive’s remit.

40

(3)   

The persons who may be specified in a direction under subsection (1)(a)

include, in particular—

(a)   

a specified body (within the meaning of section 109) or the London

body (within the meaning of section 110);

(b)   

a local education authority in England;

45

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 4 — The Chief Executive of Skills Funding
Chapter 4 — General

69

 

(c)   

the Young People’s Learning Agency for England.

118     

Other directions relating to functions of the office

(1)   

The Secretary of State may give directions to the Chief Executive containing—

(a)   

objectives which the Chief Executive should achieve in carrying out the

functions of the office, and

5

(b)   

time limits within which the Chief Executive should achieve the

objectives.

(2)   

The Secretary of State may give to the Chief Executive other directions as to the

performance of any of the functions of the office if the Secretary of State is

satisfied that the Chief Executive—

10

(a)   

has failed to discharge a duty imposed by or under any Act, or

(b)   

has acted or is proposing to act unreasonably with respect to the

performance of any function conferred by or under any Act.

(3)   

The Secretary of State may give directions under subsection (2) despite any

provision made by or under any Act making the performance of a function

15

dependent on the Chief Executive’s opinion.

(4)   

Directions given under this section with respect to functions conferred on the

Chief Executive by or under this Part may not concern the provision of

financial resources to a particular person or persons.

Chapter 4

20

General

119     

Interpretation of Part

(1)   

In this Part—

“apprenticeship agreement” has the meaning given by section 30(1);

“apprenticeship training” has the meaning given by section 81;

25

“functions of the office” means the functions of the Chief Executive under

any enactment;

“organised leisure-time occupation” has the meaning given by section 84.

(2)   

In this Part a reference to education within the Chief Executive’s remit is a

reference to—

30

(a)   

education falling within section 84(1)(a), and

(b)   

organised leisure-time occupation in connection with such education.

(3)   

In this Part a reference to training within the Chief Executive’s remit is a

reference to—

(a)   

training falling within section 81(1),

35

(b)   

training falling within section 84(1)(b), and

(c)   

organised leisure-time occupation in connection with training falling

within section 84(1)(b).

(4)   

For the purposes of this Part a person is subject to adult detention if the person

is subject to a detention order and—

40

(a)   

aged 19 or over, or

(b)   

aged under 19 and detained in—

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 5 — Parts 2 to 4: supplementary

70

 

(i)   

a young offender institution, or part of such an institution, that

is used wholly or mainly for the detention of persons aged 18

and over, or

(ii)   

a prison.

Part 5

5

Parts 2 to 4: supplementary

Information

120     

Sharing of information for education and training purposes

(1)   

A person within subsection (3) may provide information to another person

within that subsection, or a person within subsection (4), for the purpose of

10

enabling or facilitating the exercise of any relevant function.

(2)   

A person within subsection (4) may provide information to a person within

subsection (3) for the purpose of enabling or facilitating the exercise of any

relevant function.

(3)   

The persons within this subsection are—

15

(a)   

the Chief Executive;

(b)   

the Young People’s Learning Agency for England;

(c)   

a designated person;

(d)   

a member of the Chief Executive’s staff;

(e)   

a member of staff of a designated person;

20

(f)   

a person providing services to any person within paragraphs (a) to (c).

(4)   

The persons within this subsection are—

(a)   

a local education authority in England;

(b)   

a person providing services to a local education authority in England in

its capacity as such.

25

(5)   

In subsections (1) and (2), “relevant function” means—

(a)   

any function of the Chief Executive,

(b)   

any function of the Young People’s Learning Agency for England, or

(c)   

any function conferred on a local education authority in England in its

capacity as such,

30

   

other than a function under this section.

(6)   

In this section—

“the Chief Executive” means the Chief Executive of Skills Funding;

“designated person” means a person by whom any function of the Chief

Executive is exercisable by virtue of section 80(1);

35

“member of staff of a designated person” means a person—

(a)   

appointed by a designated person to assist the designated

person in connection with the performance of any function

exercisable by the designated person by virtue of section 80(1),

or

40

(b)   

exercising any function of the Chief Executive by virtue of

section 80(4);

“member of the Chief Executive’s staff” means—

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 6 — The sixth form college sector

71

 

(a)   

a member of the Chief Executive’s staff appointed by the Chief

Executive under paragraph 3 of Schedule 4, or

(b)   

a member of staff provided to the Chief Executive by the

Secretary of State under arrangements under paragraph 5 of

that Schedule.

5

(7)   

Nothing in this section—

(a)   

affects any power to disclose information that exists apart from this

section, or

(b)   

authorises the disclosure of any information in contravention of any

provision made by or under any Act which prevents disclosure of the

10

information.

The Learning and Skills Council for England

121     

Dissolution of the Learning and Skills Council for England

(1)   

The Learning and Skills Council for England ceases to exist on the day on

which this section comes into force.

15

(2)   

Schedule 6 contains minor and consequential amendments in relation to the

dissolution of the Learning and Skills Council for England.

122     

Dissolution of the Learning and Skills Council: transfer schemes

Schedule 7 contains provision about schemes for the transfer of staff, property,

rights and liabilities from the Learning and Skills Council for England to other

20

persons.

Part 6

The sixth form college sector

123     

Sixth form college sector

Schedule 8 makes provision about the sixth form college sector.

25

124     

Removal of power to establish sixth form schools

(1)   

In section 16 of the Education Act 1996 (c. 56) (power to establish etc. primary

and secondary schools) after subsection (3) insert—

“(3A)   

A local education authority in England may not under subsection (1)

establish a school which is principally concerned with the provision of

30

full-time education suitable to the requirements of pupils who are over

compulsory school age but under 19.”

(2)   

The Education and Inspections Act 2006 (c. 40) is amended as follows.

(3)   

In section 7 (invitation for proposals for establishment of new schools) after

subsection (5) insert—

35

“(5A)   

A local education authority may not publish under this section

proposals within subsection (5)(b) for the establishment of a school

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 1 — Establishment, objectives and general duties

72

 

providing education suitable only to the requirements of persons above

compulsory school age.”

(4)   

In section 10 (publication of proposals with consent of Secretary of State) in

subsection (1)(a) after “school” insert “, other than one providing education

suitable only to the requirements of persons above compulsory school age”.

5

(5)   

In section 11 (publication of proposals to establish maintained schools: special

cases) omit subsections (1)(b) and (2)(a).

Part 7

The Office of Qualifications and Examinations Regulation

Chapter 1

10

Establishment, objectives and general duties

Establishment

125     

The Office of Qualifications and Examinations Regulation

(1)   

There is to be a body corporate known as the Office of Qualifications and

Examinations Regulation.

15

(2)   

In this Part that body is referred to as “Ofqual”.

(3)   

Schedule 9 makes further provision about Ofqual.

Objectives and general duties

126     

Objectives

(1)   

Ofqual’s objectives are—

20

(a)   

the qualifications standards objective,

(b)   

the assessments standards objective,

(c)   

the public confidence objective,

(d)   

the awareness objective, and

(e)   

the efficiency objective.

25

(2)   

The qualifications standards objective is to secure that regulated

qualifications—

(a)   

give a reliable indication of knowledge, skills and understanding, and

(b)   

indicate a consistent level of attainment (including over time) between

comparable regulated qualifications.

30

(3)   

The assessments standards objective is to promote the development and

implementation of regulated assessment arrangements which—

(a)   

give a reliable indication of achievement, and

(b)   

indicate a consistent level of attainment (including over time) between

comparable assessments.

35

(4)   

The public confidence objective is to promote public confidence in regulated

qualifications and regulated assessment arrangements.

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 1 — Establishment, objectives and general duties

73

 

(5)   

The awareness objective is to promote awareness and understanding of—

(a)   

the different types of regulated qualifications available,

(b)   

the benefits of regulated qualifications to learners, employers and

institutions within the higher education sector, and

(c)   

the benefits of recognition under section 130 to bodies awarding or

5

authenticating qualifications to which this Part applies.

(6)   

The efficiency objective is to secure that regulated qualifications are provided

efficiently and in particular that any sums payable to a body awarding or

authenticating a regulated qualification in respect of the award or

authentication represent value for money.

10

127     

General duties

(1)   

So far as reasonably practicable, in performing its functions Ofqual must act in

a way—

(a)   

which is compatible with its objectives, and

(b)   

which it considers most appropriate for the purpose of meeting its

15

objectives.

(2)   

So far as relevant, in performing its functions Ofqual must have regard to—

(a)   

the need to ensure that the number of regulated qualifications available

for award or authentication is appropriate;

(b)   

the other reasonable requirements of relevant learners, including

20

persons with learning difficulties;

(c)   

the reasonable requirements of pupils and children, including persons

with learning difficulties, in relation to regulated assessment

arrangements;

(d)   

the reasonable requirements of industry, commerce, finance, the

25

professions and other employers regarding education and training

(including required standards of practical competence);

(e)   

the reasonable requirements of institutions within the higher education

sector;

(f)   

information provided to Ofqual by a person falling within

30

subsection (4);

(g)   

the desirability of facilitating innovation in connection with the

provision of regulated qualifications;

(h)   

the specified purposes of regulated assessment arrangements.

(3)   

For the purposes of subsection (2)(a) the number of regulated qualifications

35

available for award or authentication is appropriate if the number is such

that—

(a)   

there is a reasonable level of choice for learners, in terms of both the

number of different regulated qualifications and the number of

different forms of such qualifications, but

40

(b)   

the number of different regulated qualifications in similar subject areas

or serving similar functions is not excessive.

(4)   

The persons falling within this subsection are—

(a)   

the Qualifications and Curriculum Development Agency;

(b)   

Her Majesty’s Chief Inspector of Education, Children’s Services and

45

Skills;

 
 

 
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