Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
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Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Part 8 — The Qualifications and Curriculum Development Agency
Chapter 1 — The QCDA, objective and general duties
93

167
Transfer schemes
Schedule 10 contains provision for the transfer of staff, property, rights and
liabilities from the body to be known as the Qualifications and Curriculum
Development Agency to Ofqual.
168
Minor and consequential amendments
5
Schedule 12 contains minor and consequential amendments relating to the
provision made by this Part (and Part 8).
Part 8
The Qualifications and Curriculum Development Agency
Chapter 1
10
The QCDA, objective and general duties
The QCDA
169
The Qualifications and Curriculum Development Agency
(1)
The body corporate originally established under section 21 of the Education
Act 1997 (c. 44) as the Qualifications and Curriculum Authority is to continue
15
in existence but is to be known instead as the Qualifications and Curriculum
Development Agency.
(2)
In this Part the Qualifications and Curriculum Development Agency is
referred to as “the QCDA”.
(3)
Schedule 11 makes further provision about the QCDA.
20
Objective and general duties
170
Objective
The QCDA’s objective is to promote quality and coherence in education and
training in England.
171
General duties
25
(1)
So far as reasonably practicable, in performing its functions the QCDA must
act in a way—
(a)
which is compatible with its objective, and
(b)
which it considers most appropriate for the purpose of meeting its
objective.
30
(2)
So far as relevant, in performing its functions the QCDA must have regard to—
(a)
the reasonable requirements of learners, including persons with
learning difficulties;
(b)
the reasonable requirements of industry, commerce, finance, the
professions and other employers regarding education and training
35
(including required standards of practical competence);

Apprenticeships, Skills, Children and Learning Bill
Part 8 — The Qualifications and Curriculum Development Agency
Chapter 2 — Functions in relation to qualifications
94

(c)
the reasonable requirements of institutions within the higher education
sector;
(d)
the requirements of section 78 of the Education Act 2002 (c. 32) (general
requirements in relation to curriculum);
(e)
information provided to it by a person falling within subsection (3);
5
(f)
the desirability of facilitating innovation.
(3)
The persons falling within this subsection are—
(a)
the Office of Qualifications and Examinations Regulation;
(b)
Her Majesty’s Chief Inspector of Education, Children’s Services and
Skills;
10
(c)
such other persons, or persons of such a description, as the Secretary of
State may direct.
(4)
In performing its functions the QCDA must also have regard to such aspects of
government policy as the Secretary of State may direct.
(5)
The QCDA must perform its functions efficiently and effectively.
15
(6)
In this section—
“learner” means a person who is, or may reasonably be expected to be, in
receipt of education or training;
“persons with learning difficulties” has the same meaning as in section
127.
20
Chapter 2
Functions in relation to qualifications
172
Qualifications within the QCDA’s remit
(1)
For the purposes of this Part a qualification is within the QCDA’s remit if—
(a)
it is an academic or vocational qualification awarded or authenticated
25
in England, and
(b)
it is not an excluded qualification.
(2)
But the Secretary of State may by order provide that a specified qualification,
or qualifications of a specified description, despite falling within subsection
(1), is or are outside the QCDA’s remit for the purposes of this Part.
30
(3)
For the purposes of subsection (1) a qualification is awarded or authenticated
in England if there are, or may reasonably be expected to be, persons seeking
to obtain the qualification who are or will be assessed for those purposes
wholly or mainly in England.
(4)
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.
173
Qualifications: general functions
(1)
The QCDA must keep under review all aspects of qualifications within its
40
remit.

Apprenticeships, Skills, Children and Learning Bill
Part 8 — The Qualifications and Curriculum Development Agency
Chapter 3 — Functions in relation to curriculum, Early Years Foundation Stage and assessment
95

(2)
The QCDA—
(a)
may advise the Secretary of State on matters concerning qualifications
within its remit, and
(b)
must advise the Secretary of State on any such matters which are
referred to the QCDA by the Secretary of State.
5
(3)
The QCDA may and, if requested to do so by the Secretary of State, must—
(a)
carry out programmes of research and development for purposes
connected with qualifications within its remit, or
(b)
commission, co-ordinate or facilitate the carrying out of such
programmes.
10
(4)
The QCDA may publish and disseminate, or facilitate the publication or other
dissemination of, information relating to qualifications within its remit.
174
Assistance etc. in relation to qualifications functions of Ofqual
(1)
The QCDA must, if requested to do so by Ofqual, assist Ofqual in setting
qualifications criteria which relate to a qualification or description of
15
qualification in respect of which a determination under section 139(1) has
effect.
(2)
The QCDA may—
(a)
assist Ofqual in setting qualifications criteria which do not fall within
subsection (1), and
20
(b)
provide other assistance, information or advice to Ofqual in connection
with the performance by Ofqual of any of its qualifications functions.
(3)
In this section—
“assistance” does not include financial assistance (and “assist” is to be
construed accordingly);
25
“Ofqual” means the Office of Qualifications and Examinations
Regulation;
“the qualifications criteria” means the criteria required to be set by Ofqual
under—
(a)
section 131 (criteria for recognition of awarding bodies),
30
(b)
section 138 (criteria for accreditation of qualifications subject to
the accreditation requirement), and
(c)
section 141 (criteria in connection with the assignment of
number of hours of guided learning);
“qualifications functions” means functions in connection with
35
qualifications to which Part 7 applies (see section 128).
Chapter 3
Functions in relation to curriculum, Early Years Foundation Stage and
assessment
175
Curriculum
40
(1)
The QCDA must keep under review all aspects of the curriculum.
(2)
The QCDA—

Apprenticeships, Skills, Children and Learning Bill
Part 8 — The Qualifications and Curriculum Development Agency
Chapter 3 — Functions in relation to curriculum, Early Years Foundation Stage and assessment
96

(a)
may advise the Secretary of State on matters concerning the
curriculum, and
(b)
must advise the Secretary of State on any such matters which are
referred to the QCDA by the Secretary of State.
(3)
The QCDA may and, if requested to do so by the Secretary of State, must—
5
(a)
carry out programmes of research and development for purposes
connected with the curriculum, or
(b)
commission, co-ordinate or facilitate the carrying out of such
programmes.
(4)
The QCDA may publish and disseminate, or facilitate the publication or other
10
dissemination of, information relating to the curriculum.
(5)
In this Part “the curriculum” means the curriculum for—
(a)
pupils at maintained schools in England who have not ceased to be of
compulsory school age, and
(b)
pupils at maintained nursery schools in England.
15
176
Early learning goals and educational programmes
(1)
The QCDA must keep under review all aspects of the early learning goals and
educational programmes.
(2)
The QCDA—
(a)
may advise the Secretary of State on matters concerning the early
20
learning goals and educational programmes, and
(b)
must advise the Secretary of State on any such matters which are
referred to the QCDA by the Secretary of State.
(3)
The QCDA may and, if requested to do so by the Secretary of State, must—
(a)
carry out programmes of research and development for purposes
25
connected with the early learning goals and educational programmes,
or
(b)
commission, co-ordinate or facilitate the carrying out of such
programmes.
(4)
The QCDA may publish and disseminate, or facilitate the publication or other
30
dissemination of, information relating to the early learning goals and
educational programmes.
(5)
In this Part “the early learning goals and educational programmes” means the
requirements specified under section 39(1)(a) of the Childcare Act 2006 (c. 21)
by virtue of paragraphs (a) and (b) of section 41(2) of that Act.
35
177
Assessment arrangements
(1)
The QCDA must keep under review all aspects of assessment arrangements
within its remit.
(2)
The QCDA—
(a)
may advise the Secretary of State on matters concerning assessment
40
arrangements within its remit, and
(b)
must advise the Secretary of State on any such matters which are
referred to the QCDA by the Secretary of State.

Apprenticeships, Skills, Children and Learning Bill
Part 8 — The Qualifications and Curriculum Development Agency
Chapter 4 — Other functions and supplementary provision
97

(3)
The QCDA may and, if requested to do so by the Secretary of State, must—
(a)
carry out programmes of research and development for purposes
connected with assessment arrangements within its remit, or
(b)
commission, co-ordinate or facilitate the carrying out of such
programmes.
5
(4)
The QCDA may publish and disseminate, or facilitate the publication or other
dissemination of, information relating to assessment arrangements within its
remit.
(5)
For the purposes of this Part the following are assessment arrangements within
the QCDA’s remit—
10
(a)
regulated assessment arrangements;
(b)
arrangements which do not fall within paragraph (a) but which are for
tests and other assessments in respect of—
(i)
pupils at maintained schools in England who have not ceased to
be of compulsory school age, and
15
(ii)
pupils at maintained nursery schools in England.
Chapter 4
Other functions and supplementary provision
Other functions
178
Provision of services or other assistance
20
(1)
The QCDA may provide services or other assistance in connection with any of
the following—
(a)
qualifications within the QCDA’s remit;
(b)
the curriculum;
(c)
the early learning goals and educational programmes;
25
(d)
assessment arrangements within the QCDA’s remit.
(2)
The QCDA may, with the consent of the Secretary of State, also provide
services or other assistance which—
(a)
do not fall within subsection (1), but
(b)
are otherwise provided in connection with education or training in
30
England.
(3)
The QCDA may not lend money.
(4)
The power under subsection (1) may only be exercised to provide other forms
of financial assistance with the consent of the Secretary of State.
(5)
Services or other assistance provided by virtue of this section may be provided
35
on such terms and subject to such conditions (if any) as the QCDA may
determine.
(6)
The QCDA may, with the consent of the Secretary of State, charge a fee for, or
in connection with, any service or other assistance provided under this section.
(7)
Any consent of the Secretary of State required under this section may be
40
given—

Apprenticeships, Skills, Children and Learning Bill
Part 8 — The Qualifications and Curriculum Development Agency
Chapter 4 — Other functions and supplementary provision
98

(a)
unconditionally or subject to conditions, and
(b)
generally or specifically.
(8)
Services or other assistance may be provided under this section to any person
whether or not in the United Kingdom.
(9)
The powers under subsections (1) and (2) must not be exercised—
5
(a)
to assist Ofqual in setting qualifications criteria, or
(b)
to provide other assistance, information or advice to Ofqual in
connection with the performance by Ofqual of any of its qualifications
functions.
(10)
In subsection (9) “Ofqual”, “qualifications criteria” and “qualifications
10
functions” have the same meanings as in section 174.
179
Provision of information or advice
(1)
The QCDA must advise the Secretary of State on any additional matters which
are referred to it by the Secretary of State.
(2)
An “additional matter” is a matter relating to the provision of education or
15
training in England other than one which may be referred to the QCDA under
section 173(2)(b), 175(2)(b), 176(2)(b) or 177(2)(b).
(3)
If requested to do so by the Secretary of State, the QCDA must provide the
Secretary of State with information on such matters relating to any of its
functions as may be specified in the request.
20
180
Ancillary activities
(1)
The QCDA must carry out such ancillary activities as the Secretary of State may
direct.
(2)
An ancillary activity is an activity which the Secretary of State considers it
appropriate for the QCDA to carry out for the purposes of, or in connection
25
with, any of its functions.
181
Co-operation and joint working
(1)
The QCDA may co-operate or work jointly with another public authority
where it is appropriate to do so for the efficient and effective performance of
any of the QCDA’s functions.
30
(2)
In this section “public authority” includes any person who performs functions
(whether or not in the United Kingdom) which are of a public nature.
182
Power to confer supplementary functions on the QCDA
(1)
The Secretary of State may by order confer supplementary functions on the
QCDA.
35
(2)
A supplementary function is a function which is to be performed in connection
with any of the following—
(a)
qualifications within the QCDA’s remit;
(b)
the curriculum;
(c)
the early learning goals and educational programmes;
40

Apprenticeships, Skills, Children and Learning Bill
Part 8 — The Qualifications and Curriculum Development Agency
Chapter 5 — General
99

(d)
assessment arrangements within the QCDA’s remit.
(3)
The Secretary of State must consult the QCDA before making an order under
this section.
Supplementary provision
183
Directions etc. by the Secretary of State
5
(1)
The Secretary of State may give the QCDA directions as to the performance of
any of its functions.
(2)
The QCDA must, in performing its functions, act in accordance with any plans
approved by the Secretary of State.
184
Guidance by the Secretary of State
10
The QCDA must, in performing its functions, have regard to any guidance
given by the Secretary of State.
Chapter 5
General
185
Interpretation of Part
15
(1)
In this Part—
“curriculum” has the meaning given by section 175;
“the early learning goals and educational programmes” has the meaning
given by section 176;
“education” includes the learning by, and development of, young
20
children pursuant to the learning and development requirements
within the meaning given by section 39(1)(a) of the Childcare Act 2006
(c. 21);
“maintained school” means—
(a)
a community, foundation or voluntary school, and
25
(b)
a community or foundation special school;
“the QCDA” means the Qualifications and Curriculum Development
Agency;
“regulated assessment arrangements” has the same meaning as in Part 7
(see section 129);
30
“young child” has the same meaning as in the Childcare Act 2006 (see
section 19 of that Act).
(2)
References in this Part to assessment arrangements within the QCDA’s remit
are to be construed in accordance with section 177.
(3)
References in this Part to qualifications within the QCDA’s remit are to be
35
construed in accordance with section 172.