|
| |
|
(b) | the body whose strategy it is may refer the matter to the Secretary of |
| |
| |
(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 |
| |
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 |
| |
| 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 |
| |
| |
(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 |
| |
(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. |
| |
| |
|
| |
|
| |
|
(a) | persons receiving or proposing to receive education or training within |
| |
the Chief Executive’s remit, |
| |
| |
(c) | such other persons or descriptions of persons as may be specified in the |
| |
| 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. |
| |
| |
“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 |
| |
(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 |
| |
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— |
| |
| |
(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) |
| |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
| |
(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. |
| |
| 20 |
| |
119 | Interpretation of 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 |
| |
| |
“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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(b) | aged under 19 and detained in— |
| |
|
| |
|
| |
|
(i) | a young offender institution, or part of such an institution, that |
| |
is used wholly or mainly for the detention of persons aged 18 |
| |
| |
| |
| 5 |
Parts 2 to 4: supplementary |
| |
| |
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 |
| |
| |
(3) | The persons within this subsection are— |
| 15 |
| |
(b) | the Young People’s Learning Agency for England; |
| |
| |
(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 |
| |
| 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 |
| |
| 30 |
| other than a function under 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), |
| |
| 40 |
(b) | exercising any function of the Chief Executive by virtue of |
| |
| |
“member of the Chief Executive’s staff” means— |
| |
|
| |
|
| |
|
(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 |
| |
| 5 |
(7) | Nothing in this section— |
| |
(a) | affects any power to disclose information that exists apart from this |
| |
| |
(b) | authorises the disclosure of any information in contravention of any |
| |
provision made by or under any Act which prevents disclosure of the |
| 10 |
| |
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 |
| |
| |
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 |
| |
| 35 |
“(5A) | A local education authority may not publish under this section |
| |
proposals within subsection (5)(b) for the establishment of a school |
| |
|
| |
|
| |
|
providing education suitable only to the requirements of persons above |
| |
| |
(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). |
| |
| |
The Office of Qualifications and Examinations Regulation |
| |
| 10 |
Establishment, objectives and general duties |
| |
| |
125 | The Office of Qualifications and Examinations Regulation |
| |
(1) | There is to be a body corporate known as the Office of Qualifications and |
| |
| 15 |
(2) | In this Part that body is referred to as “Ofqual”. |
| |
(3) | Schedule 9 makes further provision about Ofqual. |
| |
Objectives and general duties |
| |
| |
(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 |
| |
| |
(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 |
| |
| 35 |
(4) | The public confidence objective is to promote public confidence in regulated |
| |
qualifications and regulated assessment arrangements. |
| |
|
| |
|
| |
|
(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 |
| |
(1) | So far as reasonably practicable, in performing its functions Ofqual must act in |
| |
| |
(a) | which is compatible with its objectives, and |
| |
(b) | which it considers most appropriate for the purpose of meeting its |
| 15 |
| |
(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 |
| |
| |
(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 |
| |
| |
(f) | information provided to Ofqual by a person falling within |
| 30 |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|