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back to previous amendments
| | BARONESS SHARP OF GUILDFORD |
| 237 | Page 76, line 39, at end insert ", and |
| ( ) | which is aimed at promoting the interests of learners" |
| 238 | Page 76, line 41, leave out paragraph (a) |
| | BARONESS SHARP OF GUILDFORD |
| 239 | Page 77, line 12, at end insert— |
| "( ) | information provided by recognised awarding bodies;" |
| 240 | Page 77, line 15, leave out paragraph (h) |
| | BARONESS O'NEILL OF BENGARVE |
| | BARONESS PERRY OF SOUTHWARK |
| 240A | Page 77, line 15, at end insert— |
| "( ) | the need to ensure that there are sufficient regulated qualifications to assess the National Curriculum and other QCDA curricula." |
| 241 | Page 77, line 16, leave out subsection (3) |
| | BARONESS PERRY OF SOUTHWARK |
| 242 | Page 77, line 22, leave out paragraph (b) |
| 242A | Page 77, line 33, leave out subsection (6) and insert— |
| "( ) | Ofqual must, in performing its functions, have regard to any guidance on aspects of government policy given by the Secretary of State." |
| 243 | Page 77, line 35, at end insert "and in a timely manner" |
| | BARONESS SHARP OF GUILDFORD |
| 244 | Page 77, line 35, at end insert "and establish specific and measurable success criteria for each of its objectives" |
| | BARONESS GARDEN OF FROGNAL |
| 245 | Page 79, line 38, at end insert "and must establish, at the request of the applicant, arrangements for a review of that decision" |
| | BARONESS GARDEN OF FROGNAL |
| 246 | Page 80, line 17, after "consult" insert "relevant recognised awarding bodies and" |
| | BARONESS GARDEN OF FROGNAL |
| 247 | Page 80, line 30, after "consult" insert "relevant recognised awarding bodies and" |
| | BARONESS PERRY OF SOUTHWARK |
| 248 | Page 80, line 35, leave out paragraph (a) |
| 249 | Page 80, line 37, leave out subsection (2) |
| 250 | Page 81, line 7, leave out paragraph (b) |
| | BARONESS SHARP OF GUILDFORD |
| 251 | Page 81, line 9, at end insert— |
| "( ) | Ofqual may only impose a fee capping condition if— |
| (a) | it has conducted a review of any aspect of the market for qualifications, |
| (b) | it has concluded on the basis of its review that a feature, or combination of features, of the market prevents, restricts or distorts competition in relation to a particular qualification or type of qualification, and |
| (c) | it is satisfied that imposing a fee capping condition in respect of a particular qualification or type of qualification will remedy or prevent any adverse effects on competition identified." |
| | BARONESS SHARP OF GUILDFORD |
| 251A | Insert the following new Clause— |
| | "Reference to the Competition Commission |
| (1) | A recognised body may, within one month of the completion of a review of a decision to impose a fee capping condition, request Ofqual to make a reference to the Competition Commission. |
| (2) | Where a recognised body requests Ofqual to make a reference to the Competition Commission under subsection (1), Ofqual shall make the reference and shall not implement the fee capping condition until the Competition Commission has issued its report on the reference. |
| (3) | A reference to the Competition Commission under this section shall require the Competition Commissioner to investigate and report on whether— |
| (a) | a feature or combination of features of the market for qualifications prevents, restricts or distorts competition in relation to the particular qualification or type of qualification; and |
| (b) | it is satisfied that imposing a fee capping condition in respect of the qualification or type of qualification will remedy or prevent any adverse effects on competition identified. |
| (4) | Prior to issuing its report on the reference, the Competition Commission must give notice to the recognised body of its provisional conclusions. |
| (5) | The notice under subsection (4) must— |
| (a) | set out the Competition Commission's reasons for its provisional conclusions; and |
| (b) | specify the period during which, and the way in which, the recognised body may make representations about the provisional conclusions. |
| (6) | The Competition Commission must have regard to any representations made by the recognised body during the period specified in the notice before issuing its report. |
| (7) | The Competition Commission shall publish its report on the reference within six months of the date of receiving the reference. |
| (8) | Before publishing such a report, the Competition Commission must exclude any matter which relates to the affairs of a particular person the publication of which, in the opinion of the Competition Commission, would or might seriously and prejudicially affect that person's interests. |
| (9) | Ofqual shall give effect to the conclusions of the Competition Commission in its report." |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 134 stand part of the Bill. |
| | BARONESS SHARP OF GUILDFORD |
| 252 | Page 83, line 2, at end insert "and must establish, at the request of the applicant, arrangements for the review of that decision as set out in section 133(4)" |
| | BARONESS GARDEN OF FROGNAL |
| 253 | Page 83, line 9, after "consult" insert "relevant recognised awarding bodies and" |
| | BARONESS SHARP OF GUILDFORD |
| 254 | Page 83, line 19, leave out "may" and insert "must" |
| 255 | Page 83, line 24, leave out "make a determination specifying" and insert "by regulations specify" |
| | BARONESS O'NEILL OF BENGARVE |
| | BARONESS PERRY OF SOUTHWARK |
| 255A | Page 83, line 26, at end insert "provided that Ofqual reports that this does not affect standards" |
| 255B | Page 83, line 26, at end insert "provided that Ofqual reports that this does not lower standards" |
| | BARONESS PERRY OF SOUTHWARK |
| | BARONESS O'NEILL OF BENGARVE |
| 256 | Page 83, line 26, at end insert— |
| "( ) | Before issuing a determination under subsection (1), the Secretary of State has a duty to consult with all relevant organisations and the Secretary of State may seek advice on who is likely to be affected." |
| | BARONESS PERRY OF SOUTHWARK |
| 257 | Page 83, line 26, at end insert— |
| "( ) | The Secretary of State must give a notice period of a minimum of three months when publishing a determination under subsection (1)." |
| | BARONESS SHARP OF GUILDFORD |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 138 stand part of the Bill. |
| | BARONESS GARDEN OF FROGNAL |
| 258 | Page 85, line 29, after "consult" insert "relevant recognised awarding bodies and" |
| | BARONESS SHARP OF GUILDFORD |
| 259 | Leave out Clause 143 and insert the following new Clause— |
| | "Review of activities of recognised bodies |
| (1) | Ofqual may investigate any reasonable concerns regarding the connected activities of a recognised body. |
| (2) | An activity of a recognised body is a connected activity if Ofqual considers that it directly and materially impacts upon— |
| (a) | the effective and fair operation of the qualification system, or |
| (b) | the credibility of the award or authentication by the body of any qualification in respect of which it is recognised." |
| | BARONESS GARDEN OF FROGNAL |
| 260 | Page 87, line 4, at end insert "including directing the recognised body to set a specific standard in a particular qualification on a particular occasion if this appears necessary to Ofqual in order to meet the standards objective specified in section 125(2)(b)" |
| 261 | Insert the following new Clause— |
| | Ofqual shall determine the number of points to be allocated in respect of each grade of each regulated qualification in any performance tables published under the auspices of the Secretary of State." |
| 262 | Insert the following new Clause— |
| | "Transparency and accountability |
| | Ofqual shall publish on the internet a summary of all judgements and determinations that it makes, and of the reasons for them." |
| 263 | Insert the following new Clause— |
| | "Joint Advisory Committee for Qualifications |
| (1) | Ofqual shall be responsible for the day to day running of the Joint Advisory Committee for Qualifications ("JACQA"). |
| (2) | The Secretary of State may direct JACQA not to fund particular qualifications that have been approved by Ofqual, or may specify conditions which must be met before such funding is granted; and the Secretary of State shall publish his reasons for any such instructions." |
| | BARONESS SHARP OF GUILDFORD |
| 264 | Page 91, line 38, at end insert— |
| "( ) | In reporting its conclusions on reviews conducted under this section, Ofqual shall not be bound to have regard to government policies in relation to assessment arrangements." |
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