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 7 — The Office of Qualifications and Examinations Regulation
Chapter 1 — Establishment, objectives and general duties
74

(c)
such other relevant persons, or relevant persons of such a description,
as the Secretary of State may direct.
(5)
In subsection (4)(c) “relevant person” means a person who appears to the
Secretary of State to have knowledge of, or expertise in, requirements of a kind
mentioned in subsection (2)(d).
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(6)
In performing its functions Ofqual must also have regard to such aspects of
government policy as the Secretary of State may direct.
(7)
Ofqual must perform its functions efficiently and effectively.
(8)
“Persons with learning difficulties” means—
(a)
children with special educational needs (as defined in section 312 of the
10
Education Act 1996 (c. 56)), and
(b)
other persons who—
(i)
have a significantly greater difficulty in learning than the
majority of persons of their age, or
(ii)
have a disability which either prevents or hinders them from
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making use of educational facilities of a kind generally
provided for persons of their age.
(9)
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
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spoken in the person’s home.
(10)
“Relevant learner” means a person seeking to obtain, or who may reasonably
be expected to seek to obtain, a regulated qualification.
Regulated qualifications and regulated assessment arrangements
128
Meaning of “regulated qualifications” etc.
25
(1)
In this Part a “regulated qualification” means a qualification to which this Part
applies which is awarded or authenticated by a body which is recognised
under section 130 in respect of the qualification.
(2)
This Part applies to any of the following qualifications which is not an excluded
qualification—
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(a)
an academic or vocational qualification awarded or authenticated in
England;
(b)
a vocational qualification awarded or authenticated in Northern
Ireland.
(3)
An excluded qualification is a qualification awarded or authenticated by an
35
institution within the higher education sector—
(a)
at foundation degree level or any comparable level, or
(b)
at first degree level, or any comparable or higher level.
(4)
For the purposes of subsection (2) a qualification is awarded or authenticated
in England or Northern Ireland if there are, or may reasonably be expected to
40
be, persons seeking to obtain the qualification who are, will be or may
reasonably be expected to be assessed for those purposes wholly or mainly in
England or Northern Ireland (as the case may be).

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 2 — Functions in relation to qualifications
75

(5)
The Secretary of State may by order repeal subsection (2)(b).
(6)
An order under subsection (5) may make amendments and repeals to a
provision of, or in an instrument made under, this or any other Act (including
any Act passed after this Act) in consequence of the repeal of subsection (2)(b).
(7)
Before making an order under subsection (5) the Secretary of State must
5
consult the Department for Employment and Learning in Northern Ireland.
129
Meaning of “regulated assessment arrangements” etc.
(1)
This section applies for the purposes of this Part.
(2)
“Regulated assessment arrangements” means—
(a)
NC assessment arrangements, and
10
(b)
EYFS assessment arrangements.
(3)
“NC assessment arrangements” means arrangements made under or by virtue
of an order made under section 87(3)(c) of the Education Act 2002 (c. 32) for
assessing pupils in England in respect of each key stage for the specified
purposes.
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(4)
In subsection (3)—
“assessing” includes testing;
“key stage” has the same meaning as in Part 6 of the Education Act 2002
(see section 76 of that Act).
(5)
“EYFS assessment arrangements” means arrangements made under or by
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virtue of an order made under section 39(1)(a) of the Childcare Act 2006 (c. 21)
for assessing children in England for the specified purposes.
(6)
“The specified purposes” in relation to regulated assessment arrangements—
(a)
if the arrangements are NC assessment arrangements, has the same
meaning as in section 76(1) of the Education Act 2002;
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(b)
if the arrangements are EYFS assessment arrangements, has the same
meaning as in section 41(2)(c) of the Childcare Act 2006.
Chapter 2
Functions in relation to qualifications
Recognition of awarding bodies
30
130
Recognition
(1)
Ofqual must recognise an awarding body in respect of the award or
authentication of a specified qualification, or description of qualification, to
which this Part applies if —
(a)
the awarding body has applied for recognition in the respect in
35
question, and
(b)
the body meets the applicable criteria for recognition most recently
published under section 131.
(2)
Ofqual may not recognise an awarding body if the requirements set out in
paragraphs (a) and (b) of subsection (1) are not met by the body.
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Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 2 — Functions in relation to qualifications
76

(3)
A recognition—
(a)
has effect from such date as Ofqual may specify,
(b)
is subject to the general conditions,
(c)
if in respect of a qualification subject to the accreditation requirement,
is subject to an accreditation condition, and
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(d)
is subject to such other conditions that Ofqual may impose at the time
of recognition or later.
(4)
But Ofqual may, at the time of recognition or later, determine that a specified
recognition is not to be subject to a specified general condition.
(5)
An accreditation condition in respect of a qualification subject to the
10
accreditation requirement is a condition requiring that the recognised body
may award or authenticate a particular form of the qualification only if, at the
time of the award or authentication, that form of the qualification is accredited
under section 137.
(6)
Ofqual may not charge an awarding body in respect of recognition.
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(7)
If Ofqual refuses an application for recognition it must provide the awarding
body with a statement setting out the reasons for its decision.
(8)
In this section “the general conditions”, in respect of a recognition of an
awarding body, means the general conditions for the time being in force under
section 132 which are applicable to the recognition and the body.
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(9)
In this Chapter—
“awarding body” means a person who awards or authenticates, or who
proposes to award or authenticate, a qualification to which this Part
applies;
“recognised body” means an awarding body recognised under this
25
section;
a “recognition” means a recognition under this section.
131
Criteria for recognition
(1)
Ofqual must set and publish the criteria for recognition under section 130.
(2)
Different criteria may be set for—
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(a)
recognition of different descriptions of awarding bodies;
(b)
recognition in respect of different qualifications or different
descriptions of qualifications;
(c)
recognition in respect of credits in respect of different components of
qualifications or different descriptions of components of qualifications.
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(3)
Ofqual may revise the criteria.
(4)
If Ofqual revises the criteria it must publish them as revised.
(5)
Before setting or revising the criteria Ofqual must consult such persons as it
considers appropriate.
132
General conditions of recognition
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(1)
Ofqual must set and publish the general conditions to which a recognition is to
be subject.

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 2 — Functions in relation to qualifications
77

(2)
Different general conditions may be set for—
(a)
recognition of different descriptions of awarding bodies;
(b)
recognition in respect of different qualifications or different
descriptions of qualifications;
(c)
recognition in respect of credits in respect of different components of
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qualifications or different descriptions of components of qualifications.
(3)
Ofqual may revise the general conditions.
(4)
If Ofqual revises the general conditions it must publish them as revised.
(5)
Before setting or revising the general conditions Ofqual must consult such
persons as it considers appropriate.
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133
Other conditions of recognition
(1)
The conditions of recognition that Ofqual may impose under section 130(3)(d)
include in particular—
(a)
fee capping conditions;
(b)
entry and inspection conditions.
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(2)
Fee capping conditions are conditions limiting the amount of a fee chargeable
by a recognised body for—
(a)
the award or authentication of a qualification in respect of which the
body is recognised, or
(b)
the provision of any other service in relation to such a qualification.
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(3)
Entry and inspection conditions are conditions requiring permission to enter
premises for the purposes of inspecting and copying documents so far as
necessary for Ofqual—
(a)
to satisfy itself that the appropriate standards are being maintained by
a recognised body in relation to the award or authentication of any
25
qualification in respect of which the body is recognised, or
(b)
to determine whether to impose a fee capping condition and, if so, what
that condition should be.
134
Fee capping conditions: supplementary
(1)
Before imposing a fee capping condition in respect of a recognition Ofqual
30
must give notice to the recognised body of its intention to do so.
(2)
The notice must—
(a)
set out Ofqual’s reasons for proposing to impose the fee capping
condition, and
(b)
specify the period during which, and the way in which, the recognised
35
body may make representations about the proposal.
(3)
Ofqual must have regard to any representations made by the recognised body
during the period specified in the notice in deciding whether to impose the fee
capping condition.
(4)
Ofqual must establish arrangements (the “review arrangements”) for the
40
review, at the request of a recognised body, of a decision to impose a fee
capping condition.
(5)
The review arrangements—

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 2 — Functions in relation to qualifications
78

(a)
must require the decision on review to be made by a person of
appropriate seniority who was not involved in the original decision;
(b)
may require or permit that decision to be made by—
(i)
an individual other than a member of Ofqual or Ofqual’s staff,
or
5
(ii)
a body none of whose members is a member of Ofqual or
Ofqual’s staff.
(6)
A decision to impose a fee capping condition must not take effect before the
later of—
(a)
the expiry of the period during which a review can be requested under
10
the review arrangements, and
(b)
the completion of any review requested under those arrangements.
(7)
Ofqual must, in performing its functions in relation to fee capping conditions,
have regard to any guidance given by the Secretary of State.
135
Entry and inspection conditions: supplementary
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(1)
An entry and inspection condition requires permission to enter premises to be
given only if—
(a)
the premises in question are not used as a private dwelling,
(b)
the entry is to be by an authorised person,
(c)
reasonable notice has been given to the recognised body in question,
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and
(d)
the entry is to be at a reasonable time.
(2)
“Authorised person” means a member of Ofqual’s staff who is authorised
(generally or specifically) for the purpose.
(3)
An entry and inspection condition may require an authorised person to be
25
given permission to do anything that a person authorised by a provision of Part
1 of the Education Act 2005 (c. 18) to inspect documents could do by virtue of
section 58 of that Act (computer records).
Accreditation of certain qualifications
136
Qualifications subject to the accreditation requirement
30
(1)
Ofqual may determine that a specified qualification, or description of
qualification, to which this Part applies is subject to the accreditation
requirement.
(2)
A determination under subsection (1) may provide that a qualification or
description of qualification is subject to the accreditation requirement—
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(a)
for all purposes, or
(b)
for the purposes of award or authentication by a specified awarding
body.
(3)
Ofqual must publish a determination falling within subsection (2)(a).
(4)
Ofqual may revise a determination made under subsection (1).
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(5)
If Ofqual revises a determination falling within subsection (2)(a) it must
publish the determination as revised.

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 2 — Functions in relation to qualifications
79

(6)
Before making or revising a determination under subsection (1) Ofqual must—
(a)
if the determination falls within subsection (2)(a), consult such persons
as it considers appropriate, and
(b)
if the determination falls within subsection (2)(b), consult the awarding
body in question.
5
137
Accreditation
(1)
Where a qualification is subject to the accreditation requirement Ofqual must
accredit a particular form of the qualification if—
(a)
that form of the qualification has been submitted for accreditation by a
recognised body which is recognised in respect of the qualification, and
10
(b)
that form of the qualification meets the applicable criteria for
accreditation most recently published under section 138.
(2)
Ofqual may not accredit a form of a qualification if the requirements set out in
paragraphs (a) and (b) of subsection (1) are not met in respect of that form of
the qualification.
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(3)
An accreditation under this section has effect from such date as Ofqual may
specify.
(4)
Ofqual may not charge a recognised body in respect of accreditation under this
section.
(5)
If Ofqual refuses an application for accreditation it must provide the
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recognised body with a statement setting out the reasons for its decision.
138
Criteria for accreditation
(1)
Ofqual must set and publish the criteria for accreditation under section 137.
(2)
Different criteria may be set for the accreditation of different qualifications or
different descriptions of qualifications.
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(3)
Ofqual may revise the criteria.
(4)
If Ofqual revises the criteria it must publish them as revised.
(5)
Before setting or revising the criteria Ofqual must consult such persons as it
considers appropriate.
(6)
If Ofqual revises the criteria under this section which are applicable to a form
30
of a qualification which is accredited under section 137, the accreditation
ceases to have effect on the date specified by Ofqual.
(7)
Ofqual may vary the date specified under subsection (6) at any time before the
date.
(8)
Ofqual may determine that subsection (6) does not apply in relation to a
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specified revision.
(9)
Ofqual must publish a determination made under subsection (8).
(10)
Ofqual may make saving or transitional provision in connection with the
accreditation of a form of a qualification ceasing to have effect under
subsection (6).
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