2009167.14-20

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

14

Clause 126
118
Page 77, line 34, at end insert—

“(6A)
The Secretary of State must publish a direction given under subsection (6).”
Clause 133
119
Page 81, line 9, at end insert—

“(A1)
Ofqual may impose a fee capping condition limiting the amount of a

particular fee only if satisfied that the limit is necessary in order to secure

value for money.”
120
Page 81, line 23, leave out from “arrangements” to end of line 30 and insert “must

require the decision on review to be made by a person within subsection (5A).

(5A)
A person within this subsection is one who—

(a)
appears to Ofqual to have skills likely to be relevant to decisions to

impose fee capping conditions, and

(b)
is independent of Ofqual.

(5B)
A person is independent of Ofqual for the purposes of subsection (5A) if

the person is—

(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.”
121
Page 81, line 37, at end insert—

“(8)
The Secretary of State must publish any guidance given under subsection

(7).”
Before Clause 138
122
Insert the following new Clause—

“Power to determine minimum requirements

(1)
The Secretary of State may by order specify minimum requirements in

respect of a specified qualification, or description of qualification, to which

this section applies.

(2)
But the Secretary of State may make an order under subsection (1) only if

satisfied that it is necessary to do so for the purpose of ensuring that the

curriculum studied by persons taking a course leading to the qualification,

or a qualification of the description, is appropriate, having regard to the

likely ages of those persons.

(3)
This section applies to a qualification, or description of qualification, if—

(a)
the qualification, or each qualification of the description, is one to

which this Part applies, and

(b)
the condition in subsection (4) is met in relation to the qualification

or each qualification of the description.

(4)
The condition is that—

(a)
one or more forms of the qualification is (or are) approved under

section 98 of the Learning and Skills Act 2000, or

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(b)
the Secretary of State reasonably expects approval under that

section to be sought for one or more forms of the qualification.

(5)
A minimum requirement in respect of a qualification or description of

qualification is a requirement which relates to the knowledge, skills or

understanding which a person must demonstrate in order to obtain the

qualification or a qualification of the description.”
123
Insert the following new Clause—

“Consultation before making determination of minimum requirements

(1)
Before making an order under section (Power to determine minimum

requirements)(1) the Secretary of State must consult Ofqual and such other

persons as the Secretary of State considers appropriate.

(2)
For the purposes of consulting under subsection (1) the Secretary of State

must publish a document setting out—

(a)
the grounds on which the Secretary of State is satisfied of the matter

specified in section (Power to determine minimum requirements)(2),

(b)
the proposed minimum requirements, and

(c)
the Secretary of State’s reasons for proposing those minimum

requirements.

(3)
The Secretary of State must provide a copy of the document to Ofqual and

any other persons the Secretary of State proposes to consult under

subsection (1).”
124
Insert the following new Clause—

“Effect of determination of minimum requirements

(1)
This section applies in relation to a qualification or description of

qualification in respect of which minimum requirements specified in an

order under section (Power to determine minimum requirements)(1) have

effect.

(2)
Ofqual must perform its functions under sections 130, 131 and 137 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 qualification are met.

(3)
But Ofqual is not required to comply with the duty imposed by subsection

(2) if it appears to Ofqual that complying with that duty would result in the

level of attainment (in terms of depth of knowledge, skills or

understanding) indicated by the qualification or description of

qualification not being consistent with that indicated by comparable

regulated qualifications.”
125
Insert the following new Clause—

“Revocation and amendment of orders specifying minimum requirements

(1)
Subsection (2) applies if—

(a)
the Secretary of State has made an order under section (Power to

determine minimum requirements)(1) in respect of a qualification or

description of qualification, and

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(b)
the qualification or description of qualification ceases to be one to

which section (Power to determine minimum requirements) applies.

(2)
The Secretary of State may by order—

(a)
revoke the order, or

(b)
amend it for the purpose of removing the qualification or

description of qualification from the application of the order.

(3)
Subsections (1) and (2) do not affect the power of the Secretary of State to

revoke or amend an order under section (Power to determine minimum

requirements)(1) in other circumstances.

(4)
Sections (Power to determine minimum requirements)(2) and (Consultation

before making determination of minimum requirements) do not apply to an

order—

(a)
revoking an order under section (Power to determine minimum

requirements)(1), or

(b)
amending an order under section (Power to determine minimum

requirements)(1) for the purpose only of removing a qualification or

description of qualification from the application of the order.”
Clause 138
126
Leave out Clause 138
Clause 146
127
Page 88, line 8, leave out from “(8)” to end of line 15 and insert “must require the

decision on review to be made by a person who is independent of Ofqual.

(10)
A person is independent of Ofqual for the purposes of subsection (9) if the

person is—

(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.”
After Clause 148
128
Insert the following new Clause—

“Review of system for allocating values to qualifications

(1)
Ofqual must keep under review any system used by the Secretary of State

for allocating values to qualifications to which this Part applies by

reference to the level of attainment indicated by the qualifications.

(2)
The duty in subsection (1) applies only if the values are to be allocated for

the purpose of a qualifications-based performance management system.

(3)
A qualifications-based performance management system is a system for

measuring the relative performance of schools by reference to the

performance of pupils at the schools in qualifications to which this Part

applies.

(4)
Ofqual may at any time require the Secretary of State to provide it with any

information which Ofqual considers it necessary or expedient to have for

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the purposes of, or in connection with, the performance by Ofqual of its

duty under subsection (1).”
Clause 151
129
Page 90, line 7, leave out “has the meaning given by section 138” and insert “means

a qualification in respect of which the persons who are, or who 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 Ireland;”
Clause 164
130
Page 95, line 28, leave out from “must” to end of line 29 and insert “include—

(a)
a statement of what Ofqual has done in performing its functions in

the reporting period;

(b)
an assessment of the extent to which Ofqual has met its objectives

in that period;

(c)
details of any information obtained by Ofqual in that period on the

levels of attainment in relevant regulated qualifications.

(2A)
“Relevant regulated qualifications” are regulated qualifications that are

taken wholly or mainly by pupils at schools in England.

(2B)
An assessment under subsection (2)(b) in respect of the qualifications

standards objective must in particular explain how, in making the

assessment, Ofqual has taken account of any information within subsection

(2)(c) obtained in the reporting period or an earlier reporting period.”
Clause 173
131
Page 99, line 8, leave out from “setting” to end of line 11 and insert “criteria under

section 130 or 137 which relate to a qualification or description of qualification

within subsection (1A).

(1A)
A qualification or description of qualification is within this subsection if

Ofqual is required to comply with the duty imposed by section (Effect of

determination of minimum requirements)(2) in relation to it.”
132
Page 99, line 22, leave out first “the”
133
Page 99, line 22, leave out second “the”
Clause 187
134
Page 108, line 34, leave out from “subsection” to end of line 38 and insert “(9) for

paragraph (a) (but not the “and” immediately after it) substitute—

“(a)
in relation to a school in England, any plan published by the

relevant Children’s Trust Board under section 17 of the Children

Act 2004 (children and young people’s plans: England),”;”
Clause 188
135
Page 109, line 23, at end insert—

“(1A)
In section 66 of that Act (regulations and orders)—

(a)
in subsection (4) after “containing” insert “the first regulations

under section 9A or”;

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(b)
in subsection (5)(a) for “to which subsection (3) does not apply”

substitute “to which neither of subsections (3) and (4) applies”.”
Clause 200
136
Page 121, line 5, at end insert “; or

(b)
if satisfied that the complaint is vexatious.”
Clause 211
137
Page 128, line 20, at end insert—

“(3)
The information published under subsection (2)(b) must include details of

assistance available to each of the following—

(a)
a pupil at a qualifying school (see section 199(6)(d)) who is, or has

been, looked after by a local authority (within the meaning given by

section 22(1) of the Children Act 1989);

(b)
a person who has a disability (within the meaning of section 1(1) of

the Disability Discrimination Act 1995);

(c)
a person who has special educational needs (within the meaning of

section 312 of the Education Act 1996).”
Clause 235
138
Page 140, line 14, at end insert—

“(f)
an article of a kind specified in regulations.”
139
Page 141, line 8, leave out “and”
140
Page 141, line 10, leave out “of the same sex as P” and insert “; and”
141
Page 141, line 10, at end insert—

“(d)
must ensure that the other member of staff is of the same sex as P if

it is reasonably practicable to do so.”
142
Page 142, line 4, at end insert—

“(6A)
Regulations may prescribe what must or may be done by a person who,

under subsection (1), seizes an article of a kind specified in regulations

under section 550ZA(3)(f) (or an article which the person has reasonable

grounds for suspecting to be such an article).”
143
Page 142, line 12, at end insert “and regulations made under subsection (6A)”
144
Page 142, line 34, at end insert—

“( )
Regulations under section 550ZC(6A) may make provision corresponding

to any provision of this section.”
145
Page 142, line 34, at end insert—

“( )
In section 569 of the Education Act 1996 (c. 56) (regulations)—

(a)
in subsection (2) after “this Act,” insert “other than one falling

within subsection (2A),”, and

(b)
after subsection (2) insert—

“(2A)
A statutory instrument which contains (whether alone or

with other provision) regulations under section 550ZA or

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550ZC may not be made unless a draft of the instrument has

been laid before, and approved by a resolution of, each

House of Parliament.””
Clause 237
146
Page 143, line 24, at end insert—

“(f)
an article of a kind specified in regulations.”
147
Page 144, line 20, leave out “and”
148
Page 144, line 22, leave out “of the same sex as S” and insert “; and”
149
Page 144, line 22, at end insert—

“(d)
must ensure that the other member of staff is of the same sex as S if

it is reasonably practicable to do so.”
150
Page 145, line 17, at end insert—

“(6A)
Regulations may prescribe what must or may be done by a person who,

under subsection (1), seizes an article of a kind specified in regulations

under section 85AA(3)(f) (or an article which the person has reasonable

grounds for suspecting to be such an article).”
151
Page 145, line 25, after “and (5)” insert “and regulations made under subsection

(6A)”
152
Page 146, line 3, at end insert—

“( )
Regulations under section 85AC(6A) may make provision corresponding

to any provision of this section.”
153
Page 146, line 3, at end insert—

“(2)
In section 89 of the Further and Higher Education Act 1992 (c. 13)

(regulations etc)—

(a)
in subsection (3) after “other than” insert “one falling within

subsection (3A) or”, and

(b)
after subsection (3) insert—

“(3A)
A statutory instrument which contains (whether alone or

with other provision) regulations under section 85AA or

85AC may not be made unless a draft of the instrument has

been laid before, and approved by a resolution of, each

House of Parliament.””
Clause 239
154
Page 146, line 21, leave out “or over)” and insert “or over or provision made under

subsection (4A) applies)”
155
Page 146, line 29, at end insert—

“(4A)
A procedure under subsection (1) must include provision to the effect—

(a)
that a person (“R”) who would otherwise be required by the

procedure to report an incident to a parent must not report it to that

parent if it appears to R that doing so would be likely to result in

significant harm to the pupil; and

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(b)
that if it appears to R that there is no parent of the pupil to whom R

could report the incident without that being likely to result in

significant harm to the pupil, R must report the incident to the local

authority (within the meaning of the Children Act 1989) within

whose area the pupil is ordinarily resident.

(4B)
In deciding for the purposes of provision made under subsection (4A)

whether reporting an incident to a parent would be likely to result in

significant harm to the pupil, R must have regard to any guidance issued

by the Secretary of State about the meaning of “significant harm” for those

purposes.”
Clause 240
156
Page 147, line 11, leave out “or over)” and insert “or over or provision made under

subsection (4A) applies)”
157
Page 147, line 19, at end insert—

“(4A)
A procedure under subsection (1) must include provision to the effect—

(a)
that a person (“R”) who would otherwise be required by the

procedure to report an incident to a parent must not report it to that

parent if it appears to R that doing so would be likely to result in

significant harm to the student; and

(b)
that if it appears to R that there is no parent of the student to whom

R could report the incident without that being likely to result in

significant harm to the student, R must report the incident to the

local authority (within the meaning of the Children Act 1989)

within whose area the student is ordinarily resident.

(4B)
In deciding for the purposes of provision made under subsection (4A)

whether reporting an incident to a parent would be likely to result in

significant harm to the student, R must have regard to any guidance issued

by the Secretary of State about the meaning of “significant harm” for those

purposes.”
Before Clause 243
158
Insert the following new Clause—

“Careers education in schools: England

(1)
Section 43 of the Education Act 1997 (provision of careers education in

schools) is amended as follows.

(2)
After subsection (2) insert—

“(2ZA)
Subsection (2ZB) applies to a programme of careers education

provided in pursuance of subsection (1) to registered pupils at a

school in England that is within subsection (2)(a), (c) or (e).

(2ZB)
The programme must include information on—

(a)
options available in respect of 16-18 education or training,

and

(b)
apprenticeships.”

(3)
In subsection (3) for “subsection (2B)) is” substitute “subsections (2ZB) and

(2B)) is (or are)”