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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).

5

(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

20

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—

30

(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.

15

(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

20

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;

25

(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.

40

 
 

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

5

(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.

15

(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.

20

(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—

30

(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.

35

(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

40

(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

5

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.

10

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.

15

(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.

20

(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

15

(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,

20

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—

35

(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).

40

(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.

15

(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

20

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.

25

(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

35

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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