|
| |
|
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 |
| |
(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 |
| |
(b) | property acquired, and rights and liabilities arising, after the making |
| |
| |
| |
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 |
| |
| |
“designated”, in relation to a staff transfer scheme or a property transfer |
| |
scheme, means specified in, or determined in accordance with, the |
| |
| 30 |
“the TDA” means the Training and Development Agency for Schools. |
| |
| |
| |
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)— |
| |
|
| |
|
| |
|
(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 |
| |
(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, |
| |
| 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— |
| |
| |
3A (1) | The chair holds and vacates office in accordance with the terms of |
| |
| 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 |
| |
| |
6 | In the heading before paragraph 5, for “Chief Regulator and ordinary members” |
| |
| 40 |
7 (1) | Paragraph 5 (remuneration of members of Ofqual) is amended as follows. |
| |
|
| |
|
| |
|
(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) |
| |
| |
(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”. |
| |
| |
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 |
| |
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”. |
| |
|
| |
|
| |
|
| |
| |
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 |
| |
| 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 |
| |
| |
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 |
| |
| |
| 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”. |
| |
| |
8 | Section 35 of EA 1997 (transfer of staff to QCDA) is repealed. |
| |
| 30 |
9 | In section 98 of LSA 2000 (approved qualifications: England), in subsections |
| |
(7) and (8), omit “the Qualifications and Curriculum Development Agency |
| |
| |
|
| |
|
| |
|
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 |
| |
| |
| 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 |
| |
| |
14 (1) | Section 90 (development work and experiments) is amended as follows. |
| |
| 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 |
| |
(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 |
| |
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 |
| |
| |
(a) | associations of local authorities, |
| 35 |
(b) | bodies representing the interests of school governing bodies, |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| 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)”. |
| |
| |
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 |
| |
| |
(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). |
| |
|
| |
|
| |
|
| |
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 |
| |
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. |
| |
| |
| |
Abolition of the QCDA: transfer schemes |
| 15 |
| |
1 (1) | The Secretary of State may make a scheme (a “staff transfer scheme”) |
| |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|