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 3 — Functions in relation to assessment arrangements
87

(a)
shall consult the Office of Qualifications and Examinations
Regulation, and
(b)
may consult such other persons as the Secretary of State
considers appropriate.”
(3)
After subsection (8) insert—
5
“(8A)
An order under subsection (3)(c) which includes provision made by
virtue of subsection (8) shall provide that before making or revising the
assessment arrangements the person specified in the order—
(a)
shall consult the Office of Qualifications and Examinations
Regulation, and
10
(b)
may consult such other persons as that person considers
appropriate.”
(4)
After subsection (12) (as inserted by paragraph 35 of Schedule 12) insert—
“(12A)
An order under subsection (3)(c) which authorises a person to make
delegated supplementary provisions shall provide that before making,
15
amending or revoking any such provisions the person so authorised—
(a)
shall consult the Office of Qualifications and Examinations
Regulation, and
(b)
may consult such other persons as that person considers
appropriate.”
20
154
EYFS assessment arrangements: duty to consult Ofqual etc.
(1)
Section 42 of the Childcare Act 2006 (c. 21) (further provisions about
assessment arrangements) is amended as follows.
(2)
Before subsection (1) insert—
“(A1)
Before making a learning and development order specifying
25
assessment arrangements the Secretary of State—
(a)
must consult the Office of Qualifications and Examinations
Regulation, and
(b)
may consult such other persons as the Secretary of State
considers appropriate.”
30
(3)
After subsection (3) insert—
“(3A)
A learning and development order which includes provision made by
virtue of subsection (3) must provide that before making or revising the
assessment arrangements the person specified in the order—
(a)
must consult the Office of Qualifications and Examinations
35
Regulation, and
(b)
may consult such other persons as that person considers
appropriate.”
(4)
After subsection (6A) (as inserted by paragraph 40 of Schedule 12) insert—
“(6AA)
A learning and development order which authorises a person to make
40
delegated supplementary provisions must provide that before making,
amending or revoking any such provisions the person so authorised—
(a)
must consult the Office of Qualifications and Examinations
Regulation, and

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 3 — Functions in relation to assessment arrangements
88

(b)
may consult such other persons as that person considers
appropriate.”
Review etc. of regulated assessment arrangements
155
Review of regulated assessment arrangements
(1)
Ofqual must keep under review all aspects of NC assessment arrangements.
5
(2)
Ofqual must keep under review all aspects of EYFS assessment arrangements.
156
Powers to require information
(1)
Ofqual may at any time require a person falling within subsection (2) to
provide it with any information which Ofqual considers it necessary or
expedient to have for the purposes of, or in connection with, the performance
10
by Ofqual of its function under section 155(1).
(2)
The persons are—
(a)
the Secretary of State;
(b)
an NC responsible body;
(c)
Her Majesty’s Chief Inspector of Education, Children’s Services and
15
Skills;
(d)
any other person specified or of a description specified in regulations.
(3)
Ofqual may at any time require a person falling within subsection (4) to
provide it with any information which Ofqual considers it necessary or
expedient to have for the purposes of, or in connection with, the performance
20
by Ofqual of its function under section 155(2).
(4)
The persons are—
(a)
the Secretary of State;
(b)
an EYFS responsible body;
(c)
Her Majesty’s Chief Inspector of Education, Children’s Services and
25
Skills;
(d)
any other person specified or of a description specified in regulations.
(5)
In this Chapter—
“EYFS responsible body” means a person who under or by virtue of an
order made under section 39(1)(a) of the Childcare Act 2006 (c. 21) has
30
functions in relation to the development, implementation or
monitoring of EYFS assessment arrangements;
“NC responsible body” means a person who under or by virtue of an
order made under section 87(3)(c) of the Education Act 2002 (c. 32) has
functions in relation to the development, implementation or
35
monitoring of NC assessment arrangements.
157
Duty to notify significant failings
(1)
If it appears to Ofqual that there is or is likely to be a significant failing in NC
assessment arrangements Ofqual must notify—
(a)
the Secretary of State, and
40
(b)
any NC responsible body whose act or omission appears to Ofqual to
have contributed to the significant failing.

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 3 — Functions in relation to assessment arrangements
89

(2)
If it appears to Ofqual that there is or is likely to be a significant failing in EYFS
assessment arrangements Ofqual must notify—
(a)
the Secretary of State, and
(b)
any EYFS responsible body whose act or omission appears to Ofqual to
have contributed to the significant failing.
5
(3)
There is a significant failing in NC assessment arrangements or (as the case
may be) EYFS assessment arrangements if, as a result of the way in which the
arrangements are being developed or implemented, they fail in a significant
way to achieve one or more of the specified purposes of the arrangements.
Regulatory frameworks
10
158
NC assessments regulatory framework
(1)
Ofqual must prepare and publish a document (“the NC assessments regulatory
framework”) which—
(a)
contains a description of how Ofqual intends to perform its function
under section 155(1), and
15
(b)
gives guidance to NC responsible bodies about the performance of
their functions in relation to NC assessment arrangements.
(2)
Ofqual—
(a)
may revise the NC assessments regulatory framework, and
(b)
if it does so, it must publish the revised version.
20
(3)
Before publishing the NC assessments regulatory framework or a revised
version of it, Ofqual must consult—
(a)
the Secretary of State, and
(b)
such NC responsible bodies and other persons as it considers
appropriate.
25
(4)
An NC responsible body must have regard to the NC assessments regulatory
framework in performing its functions in relation to NC assessment
arrangements.
159
EYFS assessments regulatory framework
(1)
Ofqual must prepare and publish a document (“the EYFS assessments
30
regulatory framework”) which—
(a)
contains a description of how Ofqual intends to perform its function
under section 155(2), and
(b)
gives guidance to EYFS responsible bodies about the performance of
their functions in relation to EYFS assessment arrangements.
35
(2)
Ofqual—
(a)
may revise the EYFS assessments regulatory framework, and
(b)
if it does so, it must publish the revised version.
(3)
Before publishing the EYFS assessments regulatory framework or a revised
version of it, Ofqual must consult—
40
(a)
the Secretary of State, and
(b)
such EYFS responsible bodies and other persons as it considers
appropriate.

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 4 — Other functions
90

(4)
An EYFS responsible body must have regard to the EYFS assessments
regulatory framework in performing its functions in relation to EYFS
assessment arrangements.
General
160
Interpretation of Chapter
5
In this Chapter—
“EYFS assessment arrangements” has the meaning given by section 129;
“EYFS responsible body” has the meaning given by section 156;
“NC assessment arrangements” has the meaning given by section 129;
“NC responsible body” has the meaning given by section 156.
10
Chapter 4
Other functions
161
Provision of services
(1)
Ofqual may, in connection with any of its functions, provide services to any
person (whether or not in the United Kingdom).
15
(2)
Services provided by virtue of this section may be provided on such terms and
subject to such conditions (if any) as Ofqual may determine.
(3)
Ofqual may charge a fee for, or in connection with, any service provided by
virtue of this section.
162
Provision of information or advice
20
(1)
If requested to do so by the Secretary of State, Ofqual must provide the
Secretary of State with information or advice on such matters relating to any of
its functions as may be specified in the request.
(2)
If requested to do so by the Department for Employment and Learning in
Northern Ireland, Ofqual must provide the Department with information or
25
advice on such matters relating to any of its functions (so far as they relate to
Northern Ireland) as may be specified in the request.
163
Research and development
(1)
Ofqual may carry out programmes of research and development for purposes
connected with—
30
(a)
qualifications to which this Part applies, or
(b)
regulated assessment arrangements.
(2)
Ofqual may commission, co-ordinate or facilitate the carrying out of
programmes of research and development for the purposes mentioned in
subsection (1).
35
164
Duty not to impose or maintain unnecessary burdens
(1)
Ofqual must keep its regulatory functions under review.

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 4 — Other functions
91

(2)
Ofqual must secure that in performing any of its regulatory functions it does
not—
(a)
impose burdens which it considers to be unnecessary, or
(b)
maintain burdens which it considers to have become unnecessary.
(3)
Subsection (2) does not require the removal of a burden which has become
5
unnecessary where its removal would, having regard to all the circumstances,
be impracticable or disproportionate.
(4)
Ofqual must publish a statement setting out—
(a)
what it proposes to do pursuant to subsections (1) and (2) in the period
to which the statement relates,
10
(b)
(except in the case of the first statement published under this section)
what it has done pursuant to subsections (1) and (2) since the previous
statement was published under this section, and
(c)
where a burden which has become unnecessary is maintained pursuant
to subsection (3), the reasons why the removal of the burden would,
15
having regard to all the circumstances, be impracticable or
disproportionate.
(5)
The first statement published under this section—
(a)
must be published as soon as reasonably practicable after the
commencement of section 125, and
20
(b)
is to be a statement for the period of 12 months beginning with the day
of its publication.
(6)
A subsequent statement published under this section—
(a)
must be published during the period to which the previous statement
related or as soon as reasonably practicable after the end of that period,
25
and
(b)
must be a statement for the period of 12 months beginning with the end
of the period to which the previous statement related.
(7)
Ofqual must, in performing any of its regulatory functions during a period for
which a statement is in force under this section, have regard to the statement.
30
(8)
In this section “regulatory function” has the same meaning as in the Legislative
and Regulatory Reform Act 2006 (c. 51) (see section 32 of that Act).
165
Annual and other reports
(1)
As soon as reasonably practicable after the end of each reporting period Ofqual
must prepare and publish a report for the period (“the annual report”).
35
(2)
The annual report must state how Ofqual has performed its functions in the
reporting period.
(3)
If arrangements of the kind mentioned in section 145(2) (arrangements for
referral of complaints to an independent party) were in place during the
reporting period, the annual report must include a description of the activities
40
of the independent party during the reporting period.
(4)
Ofqual must—
(a)
lay a copy of each annual report before Parliament;
(b)
(so far as it relates to Northern Ireland) lay a copy of each annual report
before the Northern Ireland Assembly.
45

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 5 — General
92

(5)
Ofqual may prepare and publish other reports on matters relating to its
functions.
(6)
If Ofqual prepares and publishes a report under subsection (5) it may—
(a)
lay a copy of the report before Parliament;
(b)
(so far as it relates to Northern Ireland) lay a copy of the report before
5
the Northern Ireland Assembly.
(7)
Ofqual may comply with subsection (1) by preparing and publishing a single
document or separate documents in relation to England and to Northern
Ireland.
(8)
In this section “reporting period” means—
10
(a)
the period (being not longer than 12 months) beginning with the day on
which section 125 comes into force and ending on such date as Ofqual
decides;
(b)
each successive period of 12 months.
Chapter 5
15
General
166
Interpretation of Part
(1)
In this Part—
“institution within the higher education sector”—
(a)
in relation to England, has the same meaning as in the
20
Education Act 1996 (c. 56) (see section 4(4) of that Act);
(b)
in relation to Northern Ireland, has the same meaning as in
Article 30 of the Education and Libraries (Northern Ireland)
Order 1993 (S.I. 1993/2810 (N.I. 12));
“Ofqual” means the Office of Qualifications and Examinations
25
Regulation;
“qualification to which this Part applies” has the meaning given by
section 128;
“regulated assessment arrangements” has the meaning given by section
129;
30
“regulated qualification” has the meaning given by section 128;
“the specified purposes”, in relation to regulated assessment
arrangements, has the meaning given by section 129.
(2)
In this Part a reference to the award or authentication of a qualification
includes a reference to—
35
(a)
the award or authentication of credits in respect of components of a
qualification, and
(b)
the award or authentication of a qualification by a body either alone or
jointly with others.
(3)
In this Part a reference to recognition, or being recognised, in respect of a
40
qualification is a reference to recognition, or being recognised, under section
130 in respect of the award or authentication of the qualification or of a
description of qualification which applies to the qualification.