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
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;