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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.

 
 

 
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