Education Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Education Bill

Education Bill
Schedule 6 — The Chief Regulator of Qualifications and Examinations
73

Property transfer schemes
2     (1)
The Secretary of State may make a scheme (a “property transfer scheme”)
providing for the transfer from the TDA to the Secretary of State of
designated property, rights or liabilities.
      (2)
A property transfer scheme may—
5
(a)
create rights, or impose liabilities, in relation to property or rights
transferred by virtue of the scheme;
(b)
provide for anything done by or in relation to the TDA in connection
with any property, rights or liabilities transferred by the scheme to
be treated as done, or to be continued, by or in relation to the
10
Secretary of State;
(c)
apportion property, rights and liabilities;
(d)
make provision about the continuation of legal proceedings.
      (3)
The things that may be transferred by a property transfer scheme include—
(a)
property, rights and liabilities that could not otherwise be
15
transferred;
(b)
property acquired, and rights and liabilities arising, after the making
of the scheme.
Continuity
3
A transfer by virtue of a staff transfer scheme or a property transfer scheme
20
does not affect the validity of anything done by or in relation to the TDA
before the transfer takes effect.
Supplementary provision etc.
4
A staff transfer scheme or a property transfer scheme may include
supplementary, incidental, transitional and consequential provision.
25
Interpretation
5
In this Schedule—
“designated”, in relation to a staff transfer scheme or a property transfer
scheme, means specified in, or determined in accordance with, the
scheme;
30
“the TDA” means the Training and Development Agency for Schools.
Schedule 6
Section 21

The Chief Regulator of Qualifications and Examinations
Amendments to Schedule 9 to ASCLA 2009
1
Schedule 9 to ASCLA 2009 (the Office of Qualifications and Examinations
35
Regulation) is amended as follows.
2     (1)
Paragraph 2 (membership) is amended as follows.
      (2)
In sub-paragraph (1)—

Education Bill
Schedule 6 — The Chief Regulator of Qualifications and Examinations
74

(a)
before paragraph (a), insert—
“(za)
a member appointed by Her Majesty by Order in
Council as the chief executive of Ofqual,”;
(b)
in paragraph (a), for “Her Majesty by Order in Council to chair
Ofqual,” substitute “the Secretary of State to chair Ofqual (“the
5
chair”), and”;
(c)
omit paragraph (c) and the “and” immediately before it.
      (3)
In sub-paragraph (2), for “to chair” substitute “as the chief executive of”;
      (4)
In sub-paragraphs (3) to (6), for “Chief Regulator”, wherever occurring,
substitute “chair”.
10
3     (1)
Paragraph 3 (the Chief Regulator) is amended as follows.
      (2)
In sub-paragraph (6), for “Chief Regulator” substitute “the chief executive of
Ofqual (whether before or after the relevant commencement date)”.
      (3)
After sub-paragraph (6) insert—
    “(7)
“The relevant commencement date” means the date on which
15
Schedule 6 to the Education Act 2011 comes fully into force.”
4
After paragraph 3 insert—
“The chair
3A    (1)
The chair holds and vacates office in accordance with the terms of
the appointment.
20
      (2)
Those terms are to be determined by the Secretary of State, subject
to the following provisions of this Schedule.
      (3)
The chair must not be appointed for a term of more than 5 years.
      (4)
The chair may resign from office at any time by giving written
notice to the Secretary of State.
25
      (5)
The Secretary of State may remove the chair from office on either
of the following grounds—
(a)
inability or unfitness to carry out the duties of the office;
(b)
absence from Ofqual’s meetings for a continuous period of
more than 6 months without Ofqual’s permission.
30
      (6)
The previous appointment of a person to chair Ofqual (whether
before or after the relevant commencement date) does not affect
the person’s eligibility for re-appointment.
      (7)
“The relevant commencement date” means the date on which
Schedule 6 to the Education Act 2011 comes fully into force.”
35
5
In paragraph 4 (the deputy and other ordinary members: tenure), in sub-
paragraphs (7) to (11), for “Chief Regulator”, wherever occurring, substitute
“chair”.
6
In the heading before paragraph 5, for “Chief Regulator and ordinary members”
substitute “members”.
40
7     (1)
Paragraph 5 (remuneration of members of Ofqual) is amended as follows.

Education Bill
Schedule 6 — The Chief Regulator of Qualifications and Examinations
75

      (2)
In sub-paragraph (1), for “Chief Regulator and any of the ordinary
members” substitute “members of Ofqual”.
      (3)
In sub-paragraph (2), for “current or former Chief Regulator or” substitute
“person who is or has been the chair or an”.
      (4)
In sub-paragraph (3), for “Chief Regulator or an ordinary member”
5
substitute “a member of Ofqual”.
      (5)
In sub-paragraph (4), for “this paragraph” substitute “sub-paragraph (1), (2)
or (3)”.
      (6)
After sub-paragraph (4) insert—
    “(5)
Service as the Chief Regulator is one of the kinds of service to
10
which a scheme under section 1 of the Superannuation Act 1972
(superannuation schemes as respects civil servants etc) can apply.
      (6)
Ofqual must pay to the Minister for the Civil Service, at such times
as the Minister may direct, such sums as the Minister may
determine in respect of any increase attributable to sub-paragraph
15
(5) in the sums payable out of money provided by Parliament
under the Superannuation Act 1972.”
8
For the heading before paragraph 6 substitute “Staff”.
9     (1)
Paragraph 6 (staff of Ofqual) is amended as follows.
      (2)
Omit sub-paragraphs (1) to (3).
20
      (3)
In sub-paragraphs (4) and (5)(a), omit “other”.
Consequential amendments
10
In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc,
referred to in section 1 of that Act), under the heading “Offices” at the
appropriate place insert “The Chief Regulator of Qualifications and
25
Examinations.”
11
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(other disqualifying offices), after “The Chief Regulator of Qualifications
and Examinations” insert “, the chair of the Office of Qualifications and
Examinations Regulation”.
30
12
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (other disqualifying offices), after “The Chief Regulator of
Qualifications and Examinations” insert “, the chair of the Office of
Qualifications and Examinations Regulation”.

Education Bill
Schedule 7 — Abolition of the QCDA: consequential amendments
76

Schedule 7
Section 24

Abolition of the QCDA: consequential amendments
Public Records Act 1958 (c. 51)
1
In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the
Table (definition of public records: other establishments and organisations)
5
omit “Qualifications and Curriculum Development Agency.”
Parliamentary Commissioner Act 1967 (c. 13)
2
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation) omit “Qualifications and Curriculum Development
Agency.”
10
Superannuation Act 1972 (c. 11)
3
In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc,
referred to in section 1 of that Act) omit “The Qualifications and Curriculum
Development Agency.”
House of Commons Disqualification Act 1975 (c. 24)
15
4
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(other disqualifying offices) omit the entry relating to members of the
Qualifications and Curriculum Development Agency in receipt of
remuneration.
EA 1996
20
5
EA 1996 is amended as follows.
6
In section 391 (functions of religious education advisory councils) for
subsection (10) substitute—
“(10)
A council for an area in Wales must send a copy of each report
published by them under subsection (6) to the Welsh Ministers.”
25
7
In section 408(1)(a) (provision of information relevant for particular
purposes) for “Parts 7 and 8” substitute “Part 7”.
EA 1997
8
Section 35 of EA 1997 (transfer of staff to QCDA) is repealed.
LSA 2000
30
9
In section 98 of LSA 2000 (approved qualifications: England), in subsections
(7) and (8), omit “the Qualifications and Curriculum Development Agency
or”.

Education Bill
Schedule 7 — Abolition of the QCDA: consequential amendments
77

Freedom of Information Act 2000 (c. 36)
10
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general) omit “The Qualifications and Curriculum
Development Agency.”
EA 2002
5
11
EA 2002 is amended as follows.
12
In section 85(9) (curriculum requirements for the fourth key stage: duty to
have regard to guidance) for “Qualifications and Curriculum Development
Agency” substitute “Secretary of State”.
13
In section 87(7) (establishment of the National Curriculum for England by
10
order: persons on whom assessment arrangements order may confer or
impose functions) omit paragraph (c) (but not the “and” immediately after
it).
14    (1)
Section 90 (development work and experiments) is amended as follows.
      (2)
In subsection (3)—
15
(a)
after paragraph (a) insert “or”;
(b)
omit paragraph (c) (and the “or” immediately before it).
      (3)
In subsection (4) omit the words after “by the governing body”.
      (4)
In subsection (5), for paragraph (b) substitute—
“(b)
a person designated for the purposes of this subsection by the
20
Secretary of State.”
      (5)
In subsection (5A) for “the reviewing body” substitute “a person designated
for the purposes of this subsection by the Secretary of State”.
      (6)
Omit subsection (5B).
      (7)
In subsection (5C) for “subsection (5B)” substitute “subsection (5)(b) or
25
(5A)”.
15
For section 96 substitute—
“96
Procedure for making certain orders and regulations
(1)
This section applies where the Secretary of State proposes to make—
(a)
an order under section 82(4), 84(6) or 87(3)(a) or (b), or
30
(b)
regulations under section 91.
(2)
The Secretary of State must give notice of the proposal to such of the
following as appear to the Secretary of State to be concerned with the
proposal—
(a)
associations of local authorities,
35
(b)
bodies representing the interests of school governing bodies,
and
(c)
organisations representing school teachers.
(3)
The Secretary of State must also give notice of the proposal to any
other persons with whom consultation appears to the Secretary of
40
State to be desirable.

Education Bill
Schedule 7 — Abolition of the QCDA: consequential amendments
78

(4)
The Secretary of State must give the bodies and other persons
mentioned in subsections (2) and (3) a reasonable opportunity of
submitting evidence and representations as to the issues arising from
the proposal.
(5)
After considering any evidence and representations submitted in
5
pursuance of subsection (4), the Secretary of State must publish, in
such manner as, in the Secretary of State’s opinion, is likely to bring
them to the notice of persons with a special interest in education—
(a)
a draft of the proposed order or regulations and any
associated document, and
10
(b)
a summary of the views expressed during the consultation.
(6)
The Secretary of State must allow a period of at least one month
beginning with the publication of the draft of the proposed order or
regulations for the submission of any further evidence and
representations as to the issues arising.
15
(7)
When the period allowed has expired, the Secretary of State may
make the order or regulations, with or without modifications.”
Childcare Act 2006 (c. 21)
16
The Childcare Act 2006 is amended as follows.
17
In section 42(2) (persons on whom order specifying assessment
20
arrangements may confer or impose functions) omit paragraph (d) (but not
the “and” immediately after it).
18    (1)
Section 46 (power to enable exemptions from learning and development
requirements to be conferred) is amended as follows.
      (2)
In subsection (1B) for “the reviewing body” substitute “a person designated
25
by the Secretary of State for the purposes of this subsection”.
      (3)
Omit subsection (1C).
      (4)
In subsection (1D) for “subsection (1C)” substitute “subsection (1B)”.
EIA 2006
19
EIA 2006 is amended as follows.
30
20
In section 74(1) (curriculum requirements for the fourth key stage)—
(a)
in the new section 85 to be inserted into EA 2002, in subsection (6) for
“Qualifications and Curriculum Authority” substitute “Secretary of
State”;
(b)
in the new section 85A to be inserted into that Act, in subsection (5)
35
omit “or the Qualifications and Curriculum Authority”.
Safeguarding Vulnerable Groups Act 2006 (c. 47)
21
In section 21(10) of the Safeguarding Vulnerable Groups Act 2006
(controlled activity relating to children) omit paragraph (d).

Education Bill
Schedule 8 — Abolition of the QCDA: transfer schemes
79

ASCLA 2009
22
ASCLA 2009 is amended as follows.
23
In section 129(4) (persons who provide information to which Ofqual
required to have regard) omit paragraph (a).
24
Section 173 and Schedule 10 (QCDA staff and property transfer schemes) are
5
repealed.
25
In paragraph 8 of Schedule 5 (learning aims for persons aged 19 or over:
persons who provide advice or information to which Secretary of State may
have regard) omit paragraph (b) (but not the “or” immediately after it).
26
In consequence of the amendments made by the other provisions of this
10
Schedule, in Schedule 12 (Ofqual and the QCDA: minor and consequential
amendments), omit the following provisions: paragraphs 1, 2(3), 3, 4, 5(2), 7,
10, 20, 30, 33, 34, 36(2), 37 and 43.
Schedule 8
Section 25

Abolition of the QCDA: transfer schemes
15
Staff transfer schemes
1     (1)
The Secretary of State may make a scheme (a “staff transfer scheme”)
providing—
(a)
for a designated employee of the QCDA to become a member of staff
of Ofqual or the Secretary of State (“the Crown employer”) (and
20
accordingly to become employed in the civil service of the state);
(b)
so far as may be consistent with employment in the civil service of
the state, for the terms and conditions of the employee’s employment
with the QCDA to have effect as if they were the conditions of service
as a member of the Crown employer’s staff;
25
(c)
for the transfer to the Crown employer of the rights, powers, duties
and liabilities of the QCDA under or in connection with the
employee’s contract of employment;
(d)
for anything done (or having effect as if done) before that transfer by
or in relation to the QCDA in respect of such a contract or the
30
employee to be treated as having been done by or in relation to the
Crown employer.
      (2)
A staff transfer scheme may provide for a period before the employee
became a member of the Crown employer’s staff to count as a period during
which the employee was a member of the Crown employer’s staff (and for
35
the operation of the scheme not to be treated as having interrupted the
continuity of that period).
      (3)
A staff transfer scheme may provide for the employee not to become a
member of the Crown employer’s staff if the employee gives notice objecting
to the operation of the scheme in relation to the employee.
40
      (4)
A staff transfer scheme may provide for a person who would be treated (by
an enactment or otherwise) as being dismissed by the operation of the
scheme not to be so treated.