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 2 — Functions in relation to qualifications
80

Recognition and accreditation: supplementary
139
Power of Secretary of State to determine minimum requirements
(1)
The Secretary of State may make a determination specifying minimum
requirements in respect of a specified qualification, or description of
qualification, to which this Part applies.
5
(2)
But the Secretary of State must not make a determination under subsection (1)
in respect of a Northern Ireland-only qualification or a description of
qualification which applies to such a qualification.
(3)
A minimum requirement in respect of a qualification or description of
qualification is a requirement which relates to the knowledge, skills or
10
understanding which a person must demonstrate in order to obtain the
qualification or a qualification of the description in question.
(4)
The Secretary of State must publish a determination made under subsection (1)
and give notice of it to Ofqual.
(5)
Subsection (6) applies in relation to a qualification or description of
15
qualification in respect of which a determination under subsection (1) has
effect.
(6)
Ofqual must perform its functions under section 131, 132 or 138 in relation to
the qualification or description of qualification in a way which secures that the
minimum requirements in respect of the qualification or description of
20
qualification are met.
(7)
For the purposes of this Chapter a Northern Ireland-only qualification is a
qualification in respect of which the persons who are, or may reasonably be
expected to be, seeking to obtain the qualification are, will be or may
reasonably be expected to be assessed for those purposes wholly in Northern
25
Ireland.
(8)
A determination made under subsection (1) may be amended or revoked by
the Secretary of State; and subsection (4) applies to the amendment of a
determination as it applies to the making of a determination.
140
Assignment of numbers of hours of guided learning
30
(1)
A recognised body may only award or authenticate a particular form of a
qualification in respect of which it is recognised if Condition 1 or 2 is met.
(2)
Condition 1 is met if the recognised body determines that the qualification is
not relevant for 2008 Act purposes.
(3)
Condition 2 is met if—
35
(a)
the recognised body determines that the qualification is relevant for
2008 Act purposes, and
(b)
the body assigns to the particular form of the qualification a number of
hours of guided learning.
(4)
Subsection (1) does not apply in relation to a qualification which is a Northern
40
Ireland-only qualification.
(5)
A recognised body must apply the applicable criteria then in force under
section 141 when determining—

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 2 — Functions in relation to qualifications
81

(a)
whether or not a qualification is relevant for 2008 Act purposes, and
(b)
in respect of a qualification which the body has determined is relevant
for those purposes, a number of hours of guided learning to assign to a
form of the qualification.
(6)
If revised criteria come into force under section 141, a recognised body must
5
review any determination it has made under this section.
(7)
Ofqual may—
(a)
review any determination made by a recognised body under this
section, and
(b)
require the recognised body to revise any such determination in such
10
respects as Ofqual may specify.
(8)
If under subsection (7)(b) Ofqual requires a recognised body to revise a
determination that a qualification is not relevant for 2008 Act purposes by
specifying that the determination should provide that the qualification is so
relevant—
15
(a)
Ofqual may assign to a form of the qualification awarded or
authenticated by the recognised body a number of hours of guided
learning, and
(b)
if it does so, the recognised body is to be treated as having determined
to assign that number of hours of guided learning to that form of the
20
qualification.
(9)
For the purposes of this Chapter a qualification is relevant for 2008 Act
purposes if there are, or may reasonably be expected to be, persons seeking to
obtain the qualification for the purposes of discharging the duty under section
2(1)(c) of the Education and Skills Act 2008 (c. 25) (duty to participate in
25
education or training).
(10)
In this Chapter a “number of hours of guided learning”, in relation to a form of
a qualification, means a number of notional hours representing an estimate of
the amount of actual guided learning which could reasonably be expected to
be required in order for persons to achieve the standard required to obtain that
30
form of the qualification.
(11)
In subsection (10) “actual guided learning” means time a person spends—
(a)
being taught or given instruction by a lecturer, tutor, supervisor or
other appropriate provider of education or training, or
(b)
otherwise participating in education or training under the immediate
35
guidance or supervision of such a person,

but does not include time spent on unsupervised preparation or study,
whether at home or otherwise.
(12)
Section 166(2)(a) does not apply for the purposes of this section.
141
Criteria for assignment of number of hours of guided learning
40
(1)
Ofqual must set and publish criteria for determining—
(a)
whether a qualification is relevant for 2008 Act purposes, and
(b)
in respect of a qualification which a recognised body has determined is
relevant for those purposes, the number of hours of guided learning
that should be assigned to a form of the qualification.
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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
82

(2)
Different criteria may be set for determinations in relation to different
qualifications or different descriptions of qualifications.
(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
5
considers appropriate.
142
Surrender of recognition
(1)
A recognised body may give notice to Ofqual that it wishes to cease to be
recognised in respect of the award or authentication of a specified qualification
or description of qualification.
10
(2)
As soon as reasonably practicable after receipt of a notice under subsection (1)
Ofqual must give notice to the recognised body of the date on which the body
is to cease to be recognised in the respect in question (“the surrender date”).
(3)
In deciding the surrender date Ofqual must have regard to the need to avoid
prejudicing persons who are seeking, or might reasonably be expected to seek,
15
to obtain the qualification, or a qualification of the description, specified in the
notice under subsection (1).
(4)
Ofqual may make saving or transitional provision in connection with a
recognised body ceasing to be recognised in any respect by virtue of this
section.
20
143
Register
(1)
Ofqual must maintain and publish a register containing the following
information in relation to each recognised body—
(a)
the qualifications in respect of which it is recognised,
(b)
the forms of those qualifications which are awarded or authenticated
25
by it, and
(c)
if the recognised body has determined under section 140 that any of
those qualifications is relevant for 2008 Act purposes, the number of
hours of guided learning it has assigned to each form of the
qualification awarded or authenticated by it.
30
(2)
The register may include such other information as Ofqual considers
appropriate.
Recognised bodies: monitoring and enforcement
144
Review of activities of recognised bodies
(1)
Ofqual may keep under review any connected activities of a recognised body.
35
(2)
An activity of a recognised body is a connected activity if Ofqual considers that
it is connected or otherwise relevant to—
(a)
the body’s recognition (including, in particular, the compliance by the
body with the conditions to which the recognition is subject), or
(b)
the award or authentication by the body of any qualification in respect
40
of which it is recognised.

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 2 — Functions in relation to qualifications
83

145
Investigation of complaints
(1)
Ofqual may investigate, or make arrangements for the investigation of,
complaints in relation to the award or authentication of a regulated
qualification.
(2)
Arrangements made under subsection (1) may in particular include
5
arrangements for the referral of complaints to an independent party.
(3)
“An independent party” means—
(a)
an individual who is not a member of Ofqual or Ofqual’s staff, or
(b)
a body none of whose members is a member of Ofqual or Ofqual’s staff.
146
Power to give directions
10
(1)
Subsection (2) applies if it appears to Ofqual—
(a)
that a recognised body has failed or is likely to fail to comply with any
condition to which the recognition is subject, and
(b)
that the failure prejudices or would be likely to prejudice—
(i)
the proper award or authentication by the body of any
15
qualification in respect of which the body is recognised, or
(ii)
persons who might reasonably be expected to seek to obtain
such a qualification awarded or authenticated by the body.
(2)
Ofqual may direct the recognised body to take or refrain from taking specified
steps with a view to securing compliance with the condition.
20
(3)
Before giving a recognised body a direction under this section Ofqual must
give notice to the body of its intention to do so.
(4)
The notice must—
(a)
set out Ofqual’s reasons for proposing to give the direction, and
(b)
specify the period during which, and the way in which, the recognised
25
body may make representations about the proposal.
(5)
Ofqual must have regard to any representations made by the recognised body
during the period specified in the notice in deciding whether to give a direction
to the body.
(6)
A recognised body must comply with a direction given to it under this section.
30
(7)
A direction under this section is enforceable, on the application of Ofqual—
(a)
in England and Wales, by a mandatory order, or
(b)
in Northern Ireland, by an order of mandamus.
(8)
A direction given under this section may be amended or revoked by Ofqual;
and subsections (3) to (5) apply to the amendment of a direction as they apply
35
to the giving of a direction.
147
Power to withdraw recognition
(1)
Subsection (2) applies if a recognised body has failed to comply with a
condition to which the recognition is subject.
(2)
Ofqual may withdraw recognition from the recognised body in respect of the
40
award or authentication of a specified qualification or a specified description

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 2 — Functions in relation to qualifications
84

of qualification if it appears to Ofqual that the failure mentioned in
subsection (1) prejudices or would be likely to prejudice—
(a)
the proper award or authentication by the body of the qualification or
a qualification of the description in question, or
(b)
persons who might reasonably be expected to seek to obtain the
5
qualification or a qualification of the description in question awarded
or authenticated by the body.
(3)
Before withdrawing recognition from a recognised body in any respect Ofqual
must give notice to the body of its intention to do so.
(4)
The notice must—
10
(a)
set out Ofqual’s reasons for proposing to withdraw recognition from
the recognised body in the respect in question, and
(b)
specify the period during which, and the way in which, the recognised
body may make representations about the proposal.
(5)
Ofqual must have regard to any representations made by the recognised body
15
during the period specified in the notice in deciding whether to withdraw
recognition from the body in the respect in question.
(6)
If Ofqual decides to withdraw recognition from a recognised body Ofqual—
(a)
must give notice to the body of its decision and of the date on which the
withdrawal is to take effect, and
20
(b)
may make saving or transitional provision.
(7)
At any time before a withdrawal takes effect Ofqual may vary the date on
which it is to take effect by giving further notice to the recognised body.
(8)
Ofqual must establish arrangements for the review, at the request of a
recognised body, of a decision to withdraw recognition under this section.
25
(9)
The arrangements established under subsection (8)—
(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,
30
or
(ii)
a body none of whose members is a member of Ofqual or
Ofqual’s staff.
148
Qualifications regulatory framework
(1)
Ofqual must prepare and publish—
35
(a)
a statement of how Ofqual intends to perform the monitoring and
enforcement functions, and
(b)
guidance to recognised bodies in relation to the award and
authentication of qualifications in respect of which they are recognised.
(2)
The statement and guidance mentioned in subsection (1) are together referred
40
to in this section as “the qualifications regulatory framework”.
(3)
Guidance under subsection (1)(b) must include guidance for the purpose of
helping to determine whether or not behaviour complies with the general
conditions to which a recognition is subject (see section 132).

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 2 — Functions in relation to qualifications
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(4)
The guidance may in particular specify—
(a)
descriptions of behaviour which Ofqual considers complies with a
general condition;
(b)
descriptions of behaviour which Ofqual considers does not comply
with a general condition;
5
(c)
factors which Ofqual will take into account in determining whether or
not a recognised body’s behaviour complies with a general condition.
(5)
Ofqual—
(a)
revise the qualifications regulatory framework, and
(b)
if it does so, must publish the revised version.
10
(6)
Before publishing the qualifications regulatory framework or a revised version
of it, Ofqual must consult such persons as it considers appropriate.
(7)
A recognised body must have regard to guidance under subsection (1)(b) in
awarding or authenticating a qualification in respect of which it is recognised.
(8)
In subsection (1) “the monitoring and enforcement functions” means—
15
(a)
Ofqual’s power under section 130(3)(d) (power to impose other
conditions);
(b)
Ofqual’s functions under sections 130(4) and 132 (functions in relation
to general conditions);
(c)
Ofqual’s functions under an entry and inspection condition to which a
20
recognition is subject (see section 133);
(d)
Ofqual’s functions under section 136(1) (power to determine that a
qualification is subject to the accreditation requirement);
(e)
Ofqual’s functions under sections 144 to 147.
Other
25
149
Review of qualifications to which Part applies
Ofqual may keep under review all aspects of qualifications to which this Part
applies.
150
Co-operation and joint working
(1)
Ofqual may co-operate or work jointly with another public authority where it
30
is appropriate to do so for the efficient and effective performance of any of
Ofqual’s qualifications functions.
(2)
“Public authority” includes any person who performs functions (whether or
not in the United Kingdom) which are of a public nature.
(3)
In this Chapter “qualifications functions” means functions in connection with
35
qualifications to which this Part applies.
151
Power to provide information to qualifications regulators
(1)
Ofqual may provide information to a qualifications regulator for the purpose
of enabling or facilitating the performance of a relevant function of the
regulator.
40
(2)
For the purposes of this section—

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 3 — Functions in relation to assessment arrangements
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(a)
a qualifications regulator is a person who has functions in any part of
the United Kingdom which are similar to Ofqual’s qualifications
functions, and
(b)
a function of a qualifications regulator is a relevant function if it is
similar to any of the qualifications functions of Ofqual.
5
(3)
Nothing in this section—
(a)
affects any power to disclose information that exists apart from this
section, or
(b)
authorises the disclosure of information in contravention of any
provision made by or under any Act which prevents disclosure of the
10
information.
General
152
Interpretation of Chapter
(1)
In this Chapter—
“awarding body” has the meaning given by section 130;
15
“entry and inspection condition” has the meaning given by section 133;
“fee capping condition” has the meaning given by section 133;
“Northern Ireland-only qualification” has the meaning given by section
139;
“number of hours of guided learning”, in relation to a qualification, has
20
the meaning given by section 140;
“qualifications functions” has the meaning given by section 150;
“recognised body” has the meaning given by section 130;
a “recognition” has the meaning given by section 130.
(2)
For the purposes of this Chapter a qualification is subject to the accreditation
25
requirement if a determination by Ofqual that the qualification, or a
description of qualification which applies to the qualification, is to be subject
to that requirement has effect under section 136.
(3)
For the purposes of this Chapter a qualification is relevant for 2008 Act
purposes if it falls within section 140(9).
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Chapter 3
Functions in relation to assessment arrangements
Development etc. of regulated assessment arrangements
153
NC assessment arrangements: duty to consult Ofqual etc.
(1)
Section 87 of the Education Act 2002 (c. 32) (establishment of the National
35
Curriculum for England by order) is amended as follows.
(2)
Before subsection (7) insert—
“(6A)
Before making an order under subsection  (3)(c) the Secretary of
State—