Apprenticeships, Skills, Children and Learning Act 2009

Intervention for purpose of securing provision of education and training

67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of services and assistance

Provision of services

68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance with respect to employment and training

69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance with respect to employment and training: Northern Ireland

70

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

Research, information and advice

71

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance by YPLA

72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Intervention powers: policy statement

73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to confer supplementary functions on YPLA

74

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 3 — YPLA's functions: supplementary

Directions by Secretary of State

75

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance by Secretary of State

76

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 4 — Academy agency arrangements

Academy arrangements

77

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grants for purposes of Academy arrangements functions

78

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Academy arrangements: information sharing

79

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 5 — General

Interpretation of Part

80

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4 — Apprenticeships and adult education and training: role of Secretary of State

Chapter 1 — Apprenticeships and adult education and training

...

The Chief Executive of Skills Funding

81

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

Apprenticeship functions

82

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Apprenticeship training for persons aged 16 to 18 and certain young adults

Apprenticeship training for persons aged 16 to 18 and certain young adults

83

• (1) The Secretary of State may secure the provision of facilities for suitable apprenticeship training for persons—

• (a) who are over compulsory school age but under 19, or

• (b) who are aged 19 or over but under 25 and for whom an EHC plan is maintained .

• (2) In deciding for the purposes of subsection (1) whether apprenticeship training is suitable for persons for whom facilities are provided, the Secretary of State must have regard (in particular) to—

• (a) the persons' ages, abilities and aptitudes,

• (b) any special educational needs the persons may have,

• (c) the quality of the training,

• (d) the locations and times at which the training is provided.

• (3) In exercising the power conferred by subsection (1), the Secretary of State must have regard (in particular) to the desirability of—

• (a) encouraging diversity of apprenticeship training available to persons;

• (b) increasing opportunities for persons to exercise choice;

• (c) enabling persons to whom Part 1 of the Education and Skills Act 2008 (c. 25) applies to fulfil the duty imposed by section 2 of that Act (duty to participate in education or training).

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this Part “apprenticeship training” means training provided in connection with—

• (a) an approved English apprenticeship, or

• (b) any contract of service (other than an approved English apprenticeship agreement) or contract of apprenticeship.

Arrangements and co-operation with local education authorities

84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Encouragement of training provision etc for persons within section 83

85

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education and training for persons aged 19 or over etc.

Education and training for persons aged 19 or over and others subject to adult detention

86

• (1) The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate for—

• (a) education suitable to the requirements of persons who are aged 19 or over, other than persons aged under 25 for whom an EHC plan is maintained,

• (b) education suitable to the requirements of persons who are subject to adult detention, and

• (c) training suitable to the requirements of persons within paragraphs (a) and (b).

• (2) This section does not apply to the provision of facilities to the extent that section 83A or 87 applies to the provision of those facilities.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) For the purposes of this section a reference to the provision of facilities for education or training (except so far as relating to facilities for persons subject to adult detention) includes a reference to the provision of facilities for organised leisure-time occupation in connection with education or (as the case may be) training.

• (6) For the purposes of this section—

• “education” includes full-time and part-time education;

• “training” includes—full-time and part-time training;vocational, social, physical and recreational training;apprenticeship training.

• (7) In this Part, “organised leisure-time occupation” means leisure-time occupation, in such organised cultural training and recreational activities as are suited to the requirements of persons who fall within subsection (1)(a) or (b), for any such persons who are able and willing to profit by facilities provided for that purpose.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Learning aims for persons aged 19 or over: provision of facilities

87

• (1) The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate for relevant education or training for persons falling within subsection (3) which is suitable to their requirements.

• (2) Relevant education or training is education or vocational training provided by means of a course of study for a qualification to which paragraph 1 of Schedule 5 applies.

• (3) The persons falling within this subsection are persons who—

• (a) are aged 19 or over, and are not persons aged under 25 for whom an EHC plan is maintained,

• (b) do not have the qualification in question or one (including one awarded by a person outside England) which appears to the Secretary of State to be at a comparable or higher level, and

• (c) satisfy such conditions as may be specified in regulations.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) For the purposes of this section—

• “education” includes full-time and part-time education;

• “training” includes full-time and part-time training.

Learning aims for persons aged 19 or over: payment of tuition fees

88

• (1) Functions under this Part must be exercised by the Secretary of State so as to secure that a course of study for a qualification to which paragraph 1(a), (b) or (ba) of Schedule 5 applies is free to a person falling within subsection (2) if it is provided for the person by virtue of facilities whose provision is secured under section 87.

• (2) A person falls within this subsection if, at the time of starting the course in question, the person—

• (a) is aged 19 or over,

• (b) does not have the qualification in question or one (including one awarded by a person outside England) which appears to the Secretary of State to be at a comparable or higher level, and

• (c) satisfies such conditions as may be specified in regulations.

• (2A) Functions under this Part must be exercised by the Secretary of State so as to secure that a course of study for a qualification to which paragraph 1(c) of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 87.

• (3) Functions under this Part must be exercised by the Secretary of State so as to secure that a course of study for a qualification to which paragraph 2 of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 86.

• (4) A person falls within this subsection if, at the time of starting the course in question, the person—

• (a) is aged at least 19 but less than 24 ,

• (b) does not have the qualification in question or one (including one awarded by a person outside England) which appears to the Secretary of State to be at a comparable or higher level, and

• (c) satisfies such conditions as may be specified in regulations.

• (5) The Secretary of State may by order—

• (a) amend subsection (2)(a) by substituting a different age for the age for the time being referred to;

• (b) amend subsection (4)(a) by substituting a different age for either of the ages for the time being referred to.

• (6) For the purposes of this section, a course is free to a person if no tuition fees in respect of the provision of the course for the person are payable by a person other than—

• (a) the Secretary of State, or

• (b) a body specified by order by the Secretary of State for the purposes of this section.

• (7) In subsection (6) “tuition fees”, in relation to a course, means—

• (a) the fees charged in respect of the course by the person providing it, and

• (b) such fees in respect of other matters relating to the course (such as undergoing a preliminary assessment or sitting an examination) as may be specified in regulations.

Sections 87 and 88: supplementary

89

• (1) Regulations may make provision as to circumstances in which—

• (a) despite having a specified qualification, a person is to be treated for the purposes of section 87 or 88 as not having that qualification;

• (b) despite not having a specified qualification, a person is to be treated for any of those purposes as having that qualification.

• (2) A condition specified in regulations under section 87 or 88 may, in particular, relate to—

• (a) the possession, or lack, of a specified qualification;

• (b) the completion of, or failure to complete, a course for a specified qualification.

• (3) A reference in subsection (1) or (2) to a specified qualification is to a qualification specified, or of a description specified, in the regulations.

• (4) Regulations under this section, or under section 87 or 88, may confer a function (which may relate to the administration of an assessment and may include the exercise of a discretion) on a person specified, or of a description specified, in the regulations.

• (5) Nothing in section 87 or 88 applies to the provision of facilities, or to courses of study, for persons subject to adult detention.

• (6) Part 2 of Schedule 5 makes further provision for the purposes of sections 87 and 88.

Encouragement of education and training for persons aged 19 or over and others subject to adult detention

90

• (1) The Secretary of State must—

• (a) encourage participation by persons within section 86(1)(a) and (b) in education and training within the Secretary of State's remit under this Part;

• (b) encourage employers to participate in the provision of education and training within the Secretary of State's remit under this Part for persons within section 86(1)(a);

• (c) encourage employers to contribute to the costs of education and training within the Secretary of State's remit under this Part for such persons.

• (2) For the purposes of subsection (1)(b), participating in the provision of training includes participating by entering into—

• (a) an approved English apprenticeship, or

• (b) any contract of employment (other than an approved English apprenticeship agreement) in connection with which training is provided.

The apprenticeship offer

Duty to secure availability of apprenticeship places

91

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Election for apprenticeship offer

92

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “apprenticeship place”

93

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suitability and availability of apprenticeship places: further provision

94

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Apprenticeship offer requirements

95

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Apprenticeship offer requirements: interpretation

96

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension of offer

97

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to amend apprenticeship offer

98

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Apprenticeship offer: interpretation

99

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 2 — Provision of services to other bodies

Funding

Provision of financial resources

100

• (1) The Secretary of State may secure the provision of financial resources under this subsection to—

• (a) persons providing or proposing to provide education or training within the Secretary of State's remit under this Part;

• (b) persons providing or proposing to provide goods or services in connection with the provision by others of such education or training;

• (c) persons receiving or proposing to receive such education or training;

• (d) persons aged 18 receiving or proposing to receive education or training;

• (e) persons making loans to others receiving or proposing to receive education or training;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) persons undertaking or proposing to undertake research relating to education or training;

• (h) persons carrying out means tests under arrangements made under section 103;

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (j) persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).

• (1A) The Secretary of State may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1))—

• (a) for the purpose of encouraging the provision of opportunities for individuals to complete English statutory apprenticeships or to undertake work following the completion of such apprenticeships, or

• (b) otherwise in connection with English statutory apprenticeships.

• (1AA) The Secretary of State may secure the provision of financial resources under this subsection (whether or not the resources could be secured under subsection (1)) to any of the persons mentioned in subsection (1) in respect of functions under this Part that are exercisable by a combined authority by virtue of an order made under section 105A of the Local Democracy, Economic Development and Construction Act 2009.

• (1AB) The Secretary of State may secure the provision of financial resources under this subsection (whether or not the resources could be secured under subsection (1)) to any of the persons mentioned in subsection (1) in respect of functions under this Part that are exercisable by a combined county authority by virtue of regulations made under section 19(1) of the Levelling-up and Regeneration Act 2023.

• (1AC) The Secretary of State may secure the provision of financial resources under this subsection (whether or not the resources could be secured under subsection (1)) to any of the persons mentioned in subsection (1) in respect of functions under this Part that are exercisable by a local authority by virtue of regulations made under section 16(1) of the Cities and Local Government Devolution Act 2016.

• (1B) The Secretary of State may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1)) in connection with approved technical education qualifications or approved steps towards occupational competence.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The Secretary of State may secure the provision of financial resources under this section—

• (a) by providing the resources;

• (b) by making arrangements for the provision of resources by another person;

• (c) by making arrangements for the provision of resources by persons jointly (whether or not including the Secretary of State).

• (4) The Secretary of State may secure the provision of financial resources under this section by reference to—

• (a) any fees or charges payable by the person receiving or proposing to receive the education or training, or

• (b) any other matter (such as transport or childcare).

• (5) In this section—

“approved steps towards occupational competence” has the meaning given by section A2D4;

“approved technical education qualification” has the meaning given by section A12(1);

“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

“English statutory apprenticeship” has the same meaning as in section 40A (see subsection (3) of that section).

Financial resources: conditions

101

• (1) Financial resources provided by the Secretary of State under section 100 may be provided subject to conditions , subject to section 101A.

• (2) The conditions may (among other things) include—

• (a) information conditions;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) repayment conditions.

• (3) Information conditions are conditions which—

• (a) require the Secretary of State, or a person designated by the Secretary of State, to be given access to a person's accounts and documents and to be given rights in relation to a person's computers and associated apparatus and material, or

• (b) require a person to whom financial resources are provided to give to the Secretary of State such information as the Secretary of State may request for the purpose of carrying out functions under this Part.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Repayment conditions are conditions which—

• (a) enable the Secretary of State to require the repayment (in whole or part) of sums paid by the Secretary of State if any of the conditions subject to which the sums were paid is not complied with;

• (b) require the payment of interest in respect of any period in which a sum due to the Secretary of State in accordance with any condition is unpaid.

Performance assessments

102

• (1) The Secretary of State may adopt or develop schemes for the assessment of the performance of persons in providing education or training within the Secretary of State's remit under this Part .

• (2) The Secretary of State may take the assessments into account in deciding how to exercise the powers under section 100.

Means tests

103

• (1) For the purpose of the exercise of the powers under section 100(1)(c), (d) or (e), the Secretary of State may—

• (a) carry out means tests;

• (b) arrange for other persons to carry out means tests.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Apprenticeships: general

Assistance and support in relation to apprenticeship places

104

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Promoting progression from level 2 to level 3 apprenticeships

105

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Advice and assistance in relation to apprenticeships

106

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of services and assistance

Provision of services

107

• (1) The Secretary of State may make arrangements with a permitted recipient for the provision by the Secretary of State of services that are required by the permitted recipient in connection with the exercise of the recipient's functions relating to education or training.

• (2) The services that may be provided under arrangements made under subsection (1) include—

• (a) providing accommodation and other facilities to a permitted recipient or managing such facilities on behalf of a permitted recipient;

• (b) procuring, or assisting in procuring, goods and services for use by a permitted recipient.

• (3) The terms and conditions upon which the arrangements are made may include provision for making payments to the Secretary of State in respect of expenditure incurred by the Secretary of State in performing any function under the arrangements.

• (4) In this section “permitted recipient” means—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the Welsh Ministers;

• (c) the Scottish Ministers;

• (d) a Northern Ireland department;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) a person, wholly or partly funded from public funds, who has functions relating to education or training;

• (g) any other person specified, or of a description specified, by order made by the appropriate national authority for the purposes of this section.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Before making arrangements under which it may provide services to a permitted recipient who falls within paragraph (a), (e), (f) or (g) of subsection (4) in connection with the exercise of the recipient's functions relating to education or training provided in Wales, Scotland or Northern Ireland, the Secretary of State must obtain—

• (a) in relation to education or training provided in Wales, the consent of the Welsh Ministers;

• (b) in relation to education or training provided in Scotland, the consent of the Scottish Ministers;

• (c) in relation to education or training provided in Northern Ireland, the consent of the Minister for Employment and Learning in Northern Ireland.

• (7) Consent may be given under subsection (5) or (6) in relation to particular arrangements or arrangements of a particular description.

• (8) “The appropriate national authority” means—

• (a) in relation to a person exercising functions relating only to education or training provided in Wales, the Welsh Ministers;

• (b) in relation to a person exercising functions relating only to education or training provided in Scotland, the Scottish Ministers;

• (c) in relation to a person exercising functions relating only to education or training provided in Northern Ireland, the Department for Employment and Learning in Northern Ireland;

• (d) in any other case, the Secretary of State.

Assistance with respect to employment and training

108

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance with respect to employment and training: Northern Ireland

109

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

Research, information and advice

110

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to confer supplementary functions on Chief Executive

111

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 3 — ... supplementary

Strategies

Strategies for functions of Chief Executive

112

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Strategy for functions of Chief Executive: Greater London

113

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Strategies: duty of Chief Executive

114

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other

Persons with learning difficulties

115

• (1) The Secretary of State must, in performing functions under this Part, have regard to the needs of persons with special educational needs to whom this section applies.

• (2) This section applies to—

• (a) persons who are aged 19 or over, other than persons aged under 25 for whom an EHC plan is maintained, and

• (b) persons who are subject to adult detention.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons subject to adult detention

116

The Secretary of State must, in performing functions under this Part , have regard to the needs of persons subject to adult detention.

Use of information by Chief Executive

117

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance

118

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directions: funding of qualifications

119

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other directions relating to functions of the office

120

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 4 — General

Interpretation of Part

121

• (1) In this Part—

• ...

• “apprenticeship training” has the meaning given by section 83;

• “approved English apprenticeship” has the meaning given by section A1(2);

• “approved steps towards occupational competence” has the meaning given by section A2D4;

• “approved technical education qualification” has the meaning given by section A12;

• ...

• “organised leisure-time occupation” has the meaning given by section 86.

• technical education qualification” has the meaning given by section A12;

• (2) In this Part a reference to education within the Secretary of State's remit under this Part is a reference to—

• (a) education falling within section 86(1)(a) or (b), and

• (b) organised leisure-time occupation in connection with such education.

• (3) In this Part a reference to training within the Secretary of State's remit under this Part is a reference to—

• (a) training falling within section 83(1),

• (aa) training falling within section 83A(1),

• (b) training falling within section 86(1)(c), and

• (c) organised leisure-time occupation in connection with training falling within section 86(1)(c).

• (4) For the purposes of this Part a person is subject to adult detention if the person is subject to a detention order and—

• (a) aged 19 or over, or

• (b) aged under 19 and detained in—

• (i) a young offender institution, or part of such an institution, that is used wholly or mainly for the detention of persons aged 18 and over, or

• (ii) a prison.

Part 5 — Parts 2 to 4: supplementary

Information

Sharing of information for education and training purposes

122

• (1) A person within subsection (3) may provide information to another person within that subsection, or a person within subsection (4), for the purpose of enabling or facilitating the exercise of any relevant function.

• (2) A person within subsection (4) may provide information to a person within subsection (3) for the purpose of enabling or facilitating the exercise of any relevant function.

• (3) The persons within this subsection are—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the Secretary of State;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) a person providing services to the Secretary of State

• (fa) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

• (fb) a person providing services to a combined authority;

• (fc) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• (fd) a person providing services to a combined county authority;

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The persons within this subsection are—

• (a) a local authority in England;

• (b) a person providing services to a local authority in England in connection with a relevant function of the authority .

• (5) In this section, “relevant function” means—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) any function of the Secretary of State relating to education or training, ...

• (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) any education function of a local authority in England, ...

• (d) any function of a combined authority under Part 4 that is exercisable by it by virtue of an order under section 105A of the Local Democracy, Economic Development and Construction Act 2009 , ...

• (e) any function of a combined authority under Part 4 that is exercisable by it by virtue of regulations made under section 19(1) of the Levelling-up and Regeneration Act 2023. , or

• (f) any function of a local authority in England under Part 4 that is exercisable by it by virtue of regulations made under section 16(1) of the Cities and Local Government Devolution Act 2016,

other than a function under this section.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Nothing in this section—

• (a) affects any power to disclose information that exists apart from this section, or

• (b) authorises the disclosure of any information in contravention of any provision made by or under any Act which prevents disclosure of the information.

The Learning and Skills Council for England

Dissolution of the Learning and Skills Council for England

123

• (1) The Learning and Skills Council for England ceases to exist on the day on which this section comes into force.

• (2) Schedule 6 contains minor and consequential amendments in relation to the dissolution of the Learning and Skills Council for England.

Dissolution of the Learning and Skills Council: transfer schemes

124

Schedule 7 contains provision about schemes for the transfer of staff, property, rights and liabilities from the Learning and Skills Council for England to other persons.

Part 6 — The sixth form college sector

Sixth form college sector

125

Schedule 8 makes provision about the sixth form college sector.

Removal of power to establish sixth form schools

126

• (1) In section 16 of the Education Act 1996 (c. 56) (power to establish etc. primary and secondary schools) after subsection (3) insert—

(3A) A local authority in England may not under subsection (1) establish a school which is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under 19.

• (2) The Education and Inspections Act 2006 (c. 40) is amended as follows.

• (3) In section 7 (invitation for proposals for establishment of new schools) after subsection (5) insert—

(5A) A local authority may not publish under this section proposals within subsection (5)(b) for the establishment of a school providing education suitable only to the requirements of persons above compulsory school age.

• (4) In section 10 (publication of proposals with consent of Secretary of State) in subsection (1)(a) after “school” insert “ , other than one providing education suitable only to the requirements of persons above compulsory school age ”.

• (5) In section 11 (publication of proposals to establish maintained schools: special cases) omit subsections (1)(b) and (2)(a).

Part 7 — The Office of Qualifications and Examinations Regulation

Chapter 1 — Establishment, objectives and general duties

Establishment

The Office of Qualifications and Examinations Regulation

127

• (1) There is to be a body corporate known as the Office of Qualifications and Examinations Regulation.

• (2) In this Part that body is referred to as “Ofqual”.

• (3) Schedule 9 makes further provision about Ofqual.

Objectives and general duties

Objectives

128

• (1) Ofqual's objectives are—

• (a) the qualifications standards objective,

• (b) the assessments standards objective,

• (c) the public confidence objective,

• (d) the awareness objective, and

• (e) the efficiency objective.

• (2) The qualifications standards objective is to secure that—

• (a) regulated qualifications give a reliable indication of knowledge, skills and understanding, and

• (b) regulated qualifications indicate —

• (i) a consistent level of attainment (including over time) between comparable regulated qualifications, and

• (ii) a consistent level of attainment (but not over time) between regulated qualifications and comparable qualifications (including those awarded outside the United Kingdom) which are not qualifications to which this Part applies.

• (3) The assessments standards objective is to promote the development and implementation of regulated assessment arrangements which—

• (a) give a reliable indication of achievement, and

• (b) indicate a consistent level of attainment (including over time) between comparable assessments.

• (4) The public confidence objective is to promote public confidence in regulated qualifications and regulated assessment arrangements.

• (5) The awareness objective is to promote awareness and understanding of—

• (a) the range of regulated qualifications available,

• (b) the benefits of regulated qualifications to learners, employers and institutions within the higher education sector, and

• (c) the benefits of recognition under section 132 to bodies awarding or authenticating qualifications to which this Part applies.

• (6) The efficiency objective is to secure that regulated qualifications are provided efficiently and in particular that any relevant sums payable to a body awarding or authenticating a qualification in respect of which the body is recognised under section 132 represent value for money.

• (7) For the purposes of subsection (6) a sum is relevant if it is payable in respect of the award or authentication of the qualification in question.

General duties

129

• (1) So far as reasonably practicable, in performing its functions Ofqual must act in a way—

• (a) which is compatible with its objectives, and

• (b) which it considers most appropriate for the purpose of meeting its objectives.

• (2) So far as relevant, in performing its functions Ofqual must have regard to—

• (a) the need to ensure that the number of regulated qualifications available for award or authentication is appropriate;

• (b) the other reasonable requirements of relevant learners, including persons with special educational needs or additional learning needs;

• (c) the reasonable requirements of pupils and children, including persons with special educational needs or additional learning needs, in relation to regulated assessment arrangements;

• (d) the reasonable requirements of industry, commerce, finance, the professions and other employers regarding education and training (including required standards of practical competence);

• (e) the reasonable requirements of institutions within the higher education sector;

• (f) information provided to Ofqual by a person falling within subsection (4);

• (g) the desirability of facilitating innovation in connection with the provision of regulated qualifications;

• (h) the specified purposes of regulated assessment arrangements.

• (3) For the purposes of subsection (2)(a) the number of regulated qualifications available for award or authentication is appropriate if the number is such that—

• (a) there is a reasonable level of choice for learners, in terms of both the number of different regulated qualifications and the number of different forms of such qualifications, but

• (b) the number of different regulated qualifications in similar subject areas or serving similar functions is not excessive.

• (4) The persons falling within this subsection are—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) Her Majesty's Chief Inspector of Education, Children's Services and Skills;

• (c) such other relevant persons, or relevant persons of such a description, as the Secretary of State may direct.

• (5) In subsection (4)(c) “relevant person” means a person who appears to the Secretary of State to have knowledge of, or expertise in, requirements of a kind mentioned in subsection (2)(d).

• (6) In performing its functions Ofqual must also have regard to such aspects of government policy as the Secretary of State may direct.

• (7) The Secretary of State must publish a direction given under subsection (6).

• (8) Ofqual must perform its functions efficiently and effectively.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) “Relevant learner” means a person seeking to obtain, or who may reasonably be expected to seek to obtain, a regulated qualification.

Regulated qualifications and regulated assessment arrangements

Meaning of “regulated qualifications” etc.

130

• (1) In this Part a “regulated qualification” means a qualification to which this Part applies which is awarded or authenticated by a body which is recognised under section 132 in respect of the qualification.

• (2) This Part applies to any of the following qualifications which is not an excluded qualification—

• (a) an academic or vocational qualification awarded or authenticated in England;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) An excluded qualification is any of the following—

• (a) a foundation degree;

• (b) a first degree;

• (c) a degree at a higher level.

• (4) For the purposes of subsection (2) a qualification is awarded or authenticated in England ... if there are, or may reasonably be expected to be, persons seeking to obtain the qualification who are, will be or may reasonably be expected to be assessed for those purposes wholly or mainly in England ....

• (5) The Secretary of State may by order repeal subsection (2)(b).

• (6) An order under subsection (5) may make amendments and repeals to a provision of, or in an instrument made under, this or any other Act (including any Act passed after this Act) in consequence of the repeal of subsection (2)(b).

• (7) Before making an order under subsection (5) the Secretary of State must consult the Department for Employment and Learning in Northern Ireland.

Meaning of “regulated assessment arrangements” etc.

131

• (1) This section applies for the purposes of this Part.

• (2) “Regulated assessment arrangements” means—

• (a) NC assessment arrangements, and

• (b) EYFS assessment arrangements.

• (3) “NC assessment arrangements” means arrangements made under or by virtue of an order made under section 87(3)(c) of the Education Act 2002 (c. 32) for assessing pupils in England in respect of each key stage for the specified purposes.

• (4) In subsection (3)—

• “assessing” includes testing;

• “key stage” has the same meaning as in Part 6 of the Education Act 2002 (c. 32) (see section 76 of that Act).

• (5) “EYFS assessment arrangements” means arrangements made under or by virtue of an order made under section 39(1)(a) of the Childcare Act 2006 (c. 21) for assessing children in England for the specified purposes.

• (6) “The specified purposes” in relation to regulated assessment arrangements—

• (a) if the arrangements are NC assessment arrangements, has the same meaning as in section 76(1) of the Education Act 2002;

• (b) if the arrangements are EYFS assessment arrangements, has the same meaning as in section 41(2)(c) of the Childcare Act 2006.

Chapter 2 — Functions in relation to qualifications

Recognition of awarding bodies

Recognition

132

• (1) Ofqual must recognise an awarding body in respect of the award or authentication of a specified qualification, or description of qualification, to which this Part applies if—

• (a) the awarding body has applied for recognition in the respect in question, and

• (b) the body meets the applicable criteria for recognition most recently published under section 133.

• (2) Ofqual may not recognise an awarding body if the requirements set out in paragraphs (a) and (b) of subsection (1) are not met by the body.

• (3) A recognition—

• (a) has effect from such date as Ofqual may specify,

• (b) is subject to the general conditions,

• (c) if in respect of a qualification subject to the accreditation requirement, is subject to an accreditation condition, and

• (d) is subject to such other conditions that Ofqual may impose at the time of recognition or later.

• (4) But Ofqual may, at the time of recognition or later, determine that a specified recognition is not to be subject to a specified general condition.

• (5) An accreditation condition in respect of a qualification subject to the accreditation requirement is a condition requiring that the recognised body may award or authenticate a particular form of the qualification only if, at the time of the award or authentication, that form of the qualification is accredited under section 139.

• (6) Ofqual may not charge an awarding body in respect of recognition.

• (7) If Ofqual refuses an application for recognition it must provide the awarding body with a statement setting out the reasons for its decision.

• (8) In this section “the general conditions”, in respect of a recognition of an awarding body, means the general conditions for the time being in force under section 134 which are applicable to the recognition and the body.

• (9) In this Chapter—

• “awarding body” means a person who awards or authenticates, or who proposes to award or authenticate, a qualification to which this Part applies;

• “recognised body” means an awarding body recognised under this section;

• a “recognition” means a recognition under this section.

• (10) See section 35 of the Qualifications Wales Act 2015 for provision about the effect of conditions imposed by or under this section, in respect of or for the purposes of the award in Wales by an awarding body of a form of a qualification awarded as an approved qualification (for which see section 22(4) of that Act).

Criteria for recognition

133

• (1) Ofqual must set and publish the criteria for recognition under section 132.

• (2) Different criteria may be set for—

• (a) recognition of different descriptions of awarding bodies;

• (b) recognition in respect of different qualifications or different descriptions of qualifications;

• (c) recognition in respect of credits in respect of different components of qualifications or different descriptions of components of qualifications.

• (3) Ofqual may revise the criteria.

• (4) If Ofqual revises the criteria it must publish them as revised.

• (5) Before setting or revising the criteria Ofqual must consult such persons as it considers appropriate.

General conditions of recognition

134

• (1) Ofqual must set and publish the general conditions to which a recognition is to be subject.

• (2) Different general conditions may be set for—

• (a) recognition of different descriptions of awarding bodies;

• (b) recognition in respect of different qualifications or different descriptions of qualifications;

• (c) recognition in respect of credits in respect of different components of qualifications or different descriptions of components of qualifications.

• (3) Ofqual may revise the general conditions.

• (4) If Ofqual revises the general conditions it must publish them as revised.

• (5) Before setting or revising the general conditions Ofqual must consult such persons as it considers appropriate.

Other conditions of recognition

135

• (1) The conditions of recognition that Ofqual may impose under section 132(3)(d) include in particular—

• (a) fee capping conditions;

• (b) entry and inspection conditions.

• (2) Fee capping conditions are conditions limiting the amount of a fee chargeable by a recognised body for—

• (a) the award or authentication of a qualification in respect of which the body is recognised, or

• (b) the provision of any other service in relation to such a qualification.

• (3) Entry and inspection conditions are conditions requiring permission to enter premises for the purposes of inspecting and copying documents so far as necessary for Ofqual—

• (a) to satisfy itself that the appropriate standards are being maintained by a recognised body in relation to the award or authentication of any qualification in respect of which the body is recognised, or

• (b) to determine whether to impose a fee capping condition and, if so, what that condition should be.

Fee capping conditions: supplementary

136

• (1) 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.

• (2) Before imposing a fee capping condition in respect of a recognition Ofqual must give notice to the recognised body of its intention to do so.

• (3) The notice must—

• (a) set out Ofqual's reasons for proposing to impose the fee capping condition, and

• (b) specify the period during which, and the way in which, the recognised body may make representations about the proposal.

• (4) Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to impose the fee capping condition.

• (5) Ofqual must establish arrangements (the “review arrangements”) for the review, at the request of a recognised body, of a decision to impose a fee capping condition.

• (6) The review arrangements must require the decision on review to be made by a person within subsection (7).

• (7) 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.

• (8) A person is independent of Ofqual for the purposes of subsection (7) 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.

• (9) A decision to impose a fee capping condition must not take effect before the later of—

• (a) the expiry of the period during which a review can be requested under the review arrangements, and

• (b) the completion of any review requested under those arrangements.

• (10) Ofqual must, in performing its functions in relation to fee capping conditions, have regard to any guidance given by the Secretary of State.

• (11) The Secretary of State must publish any guidance given under subsection (10).

Entry and inspection conditions: supplementary

137

• (1) An entry and inspection condition requires permission to enter premises to be given only if—

• (a) the premises in question are not used as a private dwelling,

• (b) the entry is to be by an authorised person,

• (c) reasonable notice has been given to the recognised body in question, and

• (d) the entry is to be at a reasonable time.

• (2) “Authorised person” means a member of Ofqual's staff who is authorised (generally or specifically) for the purpose.

• (3) An entry and inspection condition may require an authorised person to be given permission to do anything that a person authorised by a provision of Part 1 of the Education Act 2005 (c. 18) to inspect documents could do by virtue of section 58 of that Act (computer records).

Accreditation of certain qualifications

Qualifications subject to the accreditation requirement

138

• (1) Ofqual may determine that a specified qualification, or description of qualification, to which this Part applies is subject to the accreditation requirement.

• (1ZA) But Ofqual may not make a determination under subsection (1) in relation to a technical education qualification within subsection (1A) unless the Secretary of State has notified it that it may do so.

• (1A) A technical education qualification is within this subsection if—

• (a) it is an approved technical education qualification, or

• (b) the Secretary of State—

• (i) has notified Ofqual that the Secretary of State is considering whether or not to approve the qualification as an approved technical education qualification, and

• (ii) has not notified Ofqual of the Secretary of State’s decision.

• (2) A determination under subsection (1) may provide that a qualification or description of qualification is subject to the accreditation requirement—

• (a) for all purposes, or

• (b) for the purposes of award or authentication by a specified awarding body.

• (3) Ofqual must publish a determination falling within subsection (2)(a).

• (4) Ofqual may revise a determination made under subsection (1).

• (5) If Ofqual revises a determination falling within subsection (2)(a) it must publish the determination as revised.

• (6) Before making or revising a determination under subsection (1) Ofqual must—

• (a) if the determination falls within subsection (2)(a), consult such persons as it considers appropriate, and

• (b) if the determination falls within subsection (2)(b), consult the awarding body in question.

• (7) Where the Secretary of State has notified Ofqual under subsection (1A)(b)(i) that the Secretary of State is considering whether or not to approve the qualification, the Secretary of State must also notify Ofqual of the Secretary of State’s decision.

• (8) In this section—

• ...

• “approved technical education qualification” and “technical education qualification” have the meanings given by section A12(1).

Accreditation

139

• (1) Where a qualification is subject to the accreditation requirement Ofqual must accredit a particular form of the qualification if—

• (a) that form of the qualification has been submitted for accreditation by a recognised body which is recognised in respect of the qualification, and

• (b) that form of the qualification meets the applicable criteria for accreditation most recently published under section 140.

• (2) Ofqual may not accredit a form of a qualification if the requirements set out in paragraphs (a) and (b) of subsection (1) are not met in respect of that form of the qualification.

• (3) An accreditation under this section has effect from such date as Ofqual may specify.

• (4) Ofqual may not charge a recognised body in respect of accreditation under this section.

• (5) If Ofqual refuses an application for accreditation it must provide the recognised body with a statement setting out the reasons for its decision.

Criteria for accreditation

140

• (1) Ofqual must set and publish the criteria for accreditation under section 139.

• (2) Different criteria may be set for the accreditation of different qualifications or different descriptions of qualifications.

• (3) Ofqual may revise the criteria.

• (4) If Ofqual revises the criteria it must publish them as revised.

• (5) Before setting or revising the criteria Ofqual must consult such persons as it considers appropriate.

• (6) If Ofqual revises the criteria under this section which are applicable to a form of a qualification which is accredited under section 139, the accreditation ceases to have effect on the date specified by Ofqual.

• (7) Ofqual may vary the date specified under subsection (6) at any time before the date.

• (8) Ofqual may determine that subsection (6) does not apply in relation to a specified revision.

• (9) Ofqual must publish a determination made under subsection (8).

• (10) Ofqual may make saving or transitional provision in connection with the accreditation of a form of a qualification ceasing to have effect under subsection (6).

Minimum requirements

Power to specify minimum requirements

141

• (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 (c. 21), or

• (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.

Consultation before making order specifying minimum requirements

142

• (1) Before making an order under section 141(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 141(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).

Effect of order specifying minimum requirements

143

• (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 141(1) have effect.

• (2) Ofqual must perform its functions under sections 133, 134 and 140 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.

Revocation and amendment of orders specifying minimum requirements

144

• (1) Subsection (2) applies if—

• (a) the Secretary of State has made an order under section 141(1) in respect of a qualification or description of qualification, and

• (b) the qualification or description of qualification ceases to be one to which section 141 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 141(1) in other circumstances.

• (4) Sections 141(2) and 142 do not apply to an order—

• (a) revoking an order under section 141(1), or

• (b) amending an order under section 141(1) for the purpose only of removing a qualification or description of qualification from the application of the order.

Guided learning

Assignment of number of hours of guided learning

145

• (1) A recognised body may only award or authenticate a particular form of a qualification in respect of which it is recognised if Condition 1 or 2 is met.

• (2) Condition 1 is met if the recognised body determines that the qualification is not relevant for 2008 Act purposes.

• (3) Condition 2 is met if—

• (a) the recognised body determines that the qualification is relevant for 2008 Act purposes, and

• (b) the body assigns to the particular form of the qualification a number of hours of guided learning.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) A recognised body must apply the applicable criteria then in force under section 146 when determining—

• (a) whether or not a qualification is relevant for 2008 Act purposes, and

• (b) in respect of a qualification which the body has determined is relevant for those purposes, a number of hours of guided learning to assign to a form of the qualification.

• (6) If revised criteria come into force under section 146, a recognised body must review any determination it has made under this section.

• (7) Ofqual may—

• (a) review any determination made by a recognised body under this section, and

• (b) require the recognised body to revise any such determination in such respects as Ofqual may specify.

• (8) If under subsection (7)(b) Ofqual requires a recognised body to revise a determination that a qualification is not relevant for 2008 Act purposes by specifying that the determination should provide that the qualification is so relevant—

• (a) Ofqual may assign to a form of the qualification awarded or authenticated by the recognised body a number of hours of guided learning, and

• (b) if it does so, the recognised body is to be treated as having determined to assign that number of hours of guided learning to that form of the qualification.

• (9) For the purposes of this Chapter a qualification is relevant for 2008 Act purposes if there are, or may reasonably be expected to be, persons seeking to obtain the qualification for the purposes of discharging the duty under section 2(1)(c) of the Education and Skills Act 2008 (c. 25) (duty to participate in education or training).

• (10) In this Chapter a “number of hours of guided learning”, in relation to a form of a qualification, means a number of notional hours representing an estimate of the amount of actual guided learning which could reasonably be expected to be required in order for persons to achieve the standard required to obtain that form of the qualification.

• (11) In subsection (10) “actual guided learning” means time a person spends—

• (a) being taught or given instruction by a lecturer, tutor, supervisor or other appropriate provider of education or training, or

• (b) otherwise participating in education or training under the immediate guidance or supervision of such a person,

but does not include time spent on unsupervised preparation or study, whether at home or otherwise.

• (12) Section 172(2)(a) does not apply for the purposes of this section.

Criteria for assignment of number of hours of guided learning

146

• (1) Ofqual must set and publish criteria for determining—

• (a) whether a qualification is relevant for 2008 Act purposes, and

• (b) in respect of a qualification which a recognised body has determined is relevant for those purposes, the number of hours of guided learning that should be assigned to a form of the qualification.

• (2) Different criteria may be set for determinations in relation to different qualifications or different descriptions of qualifications.

• (3) Ofqual may revise the criteria.

• (4) If Ofqual revises the criteria it must publish them as revised.

• (5) Before setting or revising the criteria Ofqual must consult such persons as it considers appropriate.

Surrender

Surrender of recognition

147

• (1) A recognised body may give notice to Ofqual that it wishes to cease to be recognised in respect of the award or authentication of a specified qualification or description of qualification.

• (2) As soon as reasonably practicable after receipt of a notice under subsection (1) Ofqual must give notice to the recognised body of the date on which the body is to cease to be recognised in the respect in question (“the surrender date”).

• (3) At any time before the surrender date Ofqual may vary that date by giving further notice to the recognised body.

• (4) In deciding or varying the surrender date Ofqual must have regard to the need to avoid prejudicing persons who are seeking, or might reasonably be expected to seek, to obtain the qualification, or a qualification of the description, specified in the notice under subsection (1).

• (5) Ofqual may make saving or transitional provision in connection with a recognised body ceasing to be recognised in any respect by virtue of this section.

Register

Register

148

• (1) Ofqual must maintain and publish a register containing the following information in relation to each recognised body—

• (a) the qualifications in respect of which it is recognised,

• (b) the forms of those qualifications which are awarded or authenticated by it, and

• (c) if the recognised body has determined under section 145 that any of those qualifications is relevant for 2008 Act purposes, the number of hours of guided learning it has assigned to each form of the qualification awarded or authenticated by it.

• (2) The register may include such other information as Ofqual considers appropriate.

Recognised bodies: monitoring and enforcement

Review of activities of recognised bodies

149

• (1) Ofqual may keep under review any connected activities of a recognised body.

• (2) An activity of a recognised body is a connected activity if Ofqual considers that it is connected or otherwise relevant to—

• (a) the body's recognition (including, in particular, the compliance by the body with the conditions to which the recognition is subject), or

• (b) the award or authentication by the body of any qualification in respect of which it is recognised.

Investigation of complaints

150

• (1) Ofqual may investigate, or make arrangements for the investigation of, complaints in relation to the award or authentication of a regulated qualification.

• (2) Arrangements made under subsection (1) may in particular include arrangements for the referral of complaints to an independent party.

• (3) “An independent party” means—

• (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.

Power to give directions

151

• (1) Subsection (2) applies if it appears to Ofqual that a recognised body has failed or is likely to fail to comply with a condition to which the recognition is subject.

• (2) Ofqual may direct the recognised body to take or refrain from taking specified steps with a view to securing compliance with the condition.

• (3) Before giving a recognised body a direction under this section Ofqual must give notice to the body of its intention to do so.

• (4) The notice must—

• (a) set out Ofqual's reasons for proposing to give the direction, and

• (b) specify the period during which, and the way in which, the recognised body may make representations about the proposal.

• (5) Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to give a direction to the body.

• (6) A recognised body must comply with a direction given to it under this section.

• (7) A direction under this section is enforceable, on the application of Ofqual—

• (a) in England and Wales, by a mandatory order, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) A direction given under this section may be amended or revoked by Ofqual; and subsections (3) to (5) apply to the amendment of a direction as they apply to the giving of a direction.

Power to withdraw recognition

152

• (1) Subsection (2) applies if a recognised body has failed to comply with a condition to which the recognition is subject.

• (2) Ofqual may withdraw recognition from the recognised body in respect of the award or authentication of—

• (a) a specified qualification or description of qualification in respect of which the body is recognised, or

• (b) every qualification or description of qualification in respect of which the body is recognised.

• (3) Before withdrawing recognition from a recognised body in any respect Ofqual must give notice to the body of its intention to do so.

• (4) The notice must—

• (a) set out Ofqual's reasons for proposing to withdraw recognition from the recognised body in the respect in question, and

• (b) specify the period during which, and the way in which, the recognised body may make representations about the proposal.

• (5) Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to withdraw recognition from the body in the respect in question.

• (6) If Ofqual decides to withdraw recognition from a recognised body Ofqual—

• (a) must give notice to the body of its decision and of the date on which the withdrawal is to take effect, and

• (b) may make saving or transitional provision.

• (7) At any time before a withdrawal takes effect Ofqual may vary the date on which it is to take effect by giving further notice to the recognised body.

• (8) Ofqual must establish arrangements for the review, at the request of a recognised body, of a decision to withdraw recognition under this section.

• (9) The arrangements established under subsection (8) 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.

Qualifications regulatory framework

153

• (1) Ofqual must prepare and publish—

• (a) a statement of how Ofqual intends to perform the monitoring and enforcement functions, and

• (b) guidance to recognised bodies in relation to the award and authentication of qualifications in respect of which they are recognised.

• (2) The statement and guidance mentioned in subsection (1) are together referred to in this section as “the qualifications regulatory framework”.

• (3) Guidance under subsection (1)(b) must include guidance for the purpose of helping to determine whether or not behaviour complies with the general conditions to which a recognition is subject (see section 134).

• (4) The guidance may in particular specify—

• (a) descriptions of behaviour which Ofqual considers complies with a general condition;

• (b) descriptions of behaviour which Ofqual considers does not comply with a general condition;

• (c) factors which Ofqual will take into account in determining whether or not a recognised body's behaviour complies with a general condition.

• (5) Ofqual—

• (a) may revise the qualifications regulatory framework, and

• (b) if it does so, must publish the revised version.

• (6) Before publishing the qualifications regulatory framework or a revised version of it, Ofqual must consult such persons as it considers appropriate.

• (7) A recognised body must have regard to guidance under subsection (1)(b) in awarding or authenticating a qualification in respect of which it is recognised.

• (8) In subsection (1) “the monitoring and enforcement functions” means—

• (a) Ofqual's power under section 132(3)(d) (power to impose other conditions);

• (b) Ofqual's functions under sections 132(4) and 134 (functions in relation to general conditions);

• (c) Ofqual's functions under an entry and inspection condition to which a recognition is subject (see section 135);

• (d) Ofqual's functions under section 138(1) (power to determine that a qualification is subject to the accreditation requirement);

• (e) Ofqual's functions under sections 149 to 152C .

Other

Review of qualifications to which Part applies

154

Ofqual may keep under review all aspects of qualifications to which this Part applies.

Review of system for allocating values to qualifications

155

• (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 the purposes of, or in connection with, the performance by Ofqual of its duty under subsection (1).

Co-operation and joint working

156

• (1) Ofqual may co-operate or work jointly with another public authority where it is appropriate to do so for the efficient and effective performance of any of Ofqual's qualifications functions.

• (2) “Public authority” includes any person who performs functions (whether or not in the United Kingdom) which are of a public nature.

• (3) In this Chapter “qualifications functions” means functions in connection with qualifications to which this Part applies.

Power to provide information to qualifications regulators

157

• (1) Ofqual may provide information to a qualifications regulator for the purpose of enabling or facilitating the performance of a relevant function of the regulator.

• (2) For the purposes of this section—

• (a) a qualifications regulator is a person who has functions in any part of the United Kingdom which are similar to Ofqual's qualifications functions, and

• (b) a function of a qualifications regulator is a relevant function if it is similar to any of the qualifications functions of Ofqual.

• (3) Nothing in this section—

• (a) affects any power to disclose information that exists apart from this section, or

• (b) authorises the disclosure of information in contravention of any provision made by or under any Act which prevents disclosure of the information.

General

Interpretation of Chapter

158

• (1) In this Chapter—

• “awarding body” has the meaning given by section 132;

• “entry and inspection condition” has the meaning given by section 135;

• “fee capping condition” has the meaning given by section 135;

• ...

• “number of hours of guided learning”, in relation to a form of a qualification, has the meaning given by section 145;

• “qualifications functions” has the meaning given by section 156;

• “recognised body” has the meaning given by section 132;

• a “recognition” has the meaning given by section 132.

• (2) For the purposes of this Chapter a qualification is subject to the accreditation requirement if a determination by Ofqual that the qualification, or a description of qualification which applies to the qualification, is to be subject to that requirement has effect under section 138.

• (3) For the purposes of this Chapter a qualification is relevant for 2008 Act purposes if it falls within section 145(9).

Chapter 3 — Functions in relation to assessment arrangements

Development etc. of regulated assessment arrangements

NC assessment arrangements: duty to consult Ofqual etc.

159

• (1) Section 87 of the Education Act 2002 (c. 32) (establishment of the National Curriculum for England by order) is amended as follows.

• (2) Before subsection (7) insert—

(6A) Before making an order under subsection (3)(c) the Secretary of State— (a) shall consult the Office of Qualifications and Examinations Regulation, and (b) may consult such other persons as the Secretary of State considers appropriate.

• (3) After subsection (8) insert—

(8A) An order under subsection (3)(c) which includes provision made by virtue of subsection (8) shall provide that before making or revising the assessment arrangements the person specified in the order— (a) shall consult the Office of Qualifications and Examinations Regulation, and (b) may consult such other persons as that person considers appropriate.

• (4) After subsection (12) (as inserted by paragraph 35 of Schedule 12) insert—

(12A) An order under subsection (3)(c) which authorises a person to make delegated supplementary provisions shall provide that before making, amending or revoking any such provisions the person so authorised— (a) shall consult the Office of Qualifications and Examinations Regulation, and (b) may consult such other persons as that person considers appropriate.

EYFS assessment arrangements: duty to consult Ofqual etc.

160

• (1) Section 42 of the Childcare Act 2006 (c. 21) (further provisions about assessment arrangements) is amended as follows.

• (2) Before subsection (1) insert—

(A1) Before making a learning and development order specifying assessment arrangements the Secretary of State— (a) must consult the Office of Qualifications and Examinations Regulation, and (b) may consult such other persons as the Secretary of State considers appropriate.

• (3) After subsection (3) insert—

(3A) A learning and development order which includes provision made by virtue of subsection (3) must provide that before making or revising the assessment arrangements the person specified in the order— (a) must consult the Office of Qualifications and Examinations Regulation, and (b) may consult such other persons as that person considers appropriate.

• (4) After subsection (6A) (as inserted by paragraph 40 of Schedule 12) insert—

(6AA) A learning and development order which authorises a person to make delegated supplementary provisions must provide that before making, amending or revoking any such provisions the person so authorised— (a) must consult the Office of Qualifications and Examinations Regulation, and (b) may consult such other persons as that person considers appropriate.

Review etc. of regulated assessment arrangements

Review of regulated assessment arrangements

161

• (1) Ofqual must keep under review all aspects of NC assessment arrangements.

• (2) Ofqual must keep under review all aspects of EYFS assessment arrangements.

Powers to require information

162

• (1) Ofqual may at any time require a person falling within subsection (2) to provide it with any information which Ofqual considers it necessary or expedient to have for the purposes of, or in connection with, the performance by Ofqual of its function under section 161(1).

• (2) The persons are—

• (a) the Secretary of State;

• (b) an NC responsible body;

• (c) Her Majesty's Chief Inspector of Education, Children's Services and Skills;

• (d) any other person specified or of a description specified in regulations.

• (3) Ofqual may at any time require a person falling within subsection (4) to provide it with any information which Ofqual considers it necessary or expedient to have for the purposes of, or in connection with, the performance by Ofqual of its function under section 161(2).

• (4) The persons are—

• (a) the Secretary of State;

• (b) an EYFS responsible body;

• (c) Her Majesty's Chief Inspector of Education, Children's Services and Skills;

• (d) any other person specified or of a description specified in regulations.

• (5) In this Chapter—

• “EYFS responsible body” means a person who under or by virtue of an order made under section 39(1)(a) of the Childcare Act 2006 (c. 21) has functions in relation to the development, implementation or monitoring of EYFS assessment arrangements;

• “NC responsible body” means a person who under or by virtue of an order made under section 87(3)(c) of the Education Act 2002 (c. 32) has functions in relation to the development, implementation or monitoring of NC assessment arrangements.

Duty to notify significant failings

163

• (1) If it appears to Ofqual that there is or is likely to be a significant failing in NC assessment arrangements Ofqual must notify—

• (a) the Secretary of State, and

• (b) any NC responsible body whose act or omission appears to Ofqual to have contributed to the significant failing.

• (2) If it appears to Ofqual that there is or is likely to be a significant failing in EYFS assessment arrangements Ofqual must notify—

• (a) the Secretary of State, and

• (b) any EYFS responsible body whose act or omission appears to Ofqual to have contributed to the significant failing.

• (3) There is a significant failing in NC assessment arrangements or (as the case may be) EYFS assessment arrangements if, as a result of the way in which the arrangements are being developed or implemented, they fail in a significant way to achieve one or more of the specified purposes of the arrangements.

Regulatory frameworks

NC assessments regulatory framework

164

• (1) Ofqual must prepare and publish a document (“the NC assessments regulatory framework”) which—

• (a) contains a description of how Ofqual intends to perform its function under section 161(1), and

• (b) gives guidance to NC responsible bodies about the performance of their functions in relation to NC assessment arrangements.

• (2) Ofqual—

• (a) may revise the NC assessments regulatory framework, and

• (b) if it does so, it must publish the revised version.

• (3) Before publishing the NC assessments regulatory framework or a revised version of it, Ofqual must consult—

• (a) the Secretary of State, and

• (b) such NC responsible bodies and other persons as it considers appropriate.

• (4) An NC responsible body must have regard to the NC assessments regulatory framework in performing its functions in relation to NC assessment arrangements.

EYFS assessments regulatory framework

165

• (1) Ofqual must prepare and publish a document (“the EYFS assessments regulatory framework”) which—

• (a) contains a description of how Ofqual intends to perform its function under section 161(2), and

• (b) gives guidance to EYFS responsible bodies about the performance of their functions in relation to EYFS assessment arrangements.

• (2) Ofqual—

• (a) may revise the EYFS assessments regulatory framework, and

• (b) if it does so, it must publish the revised version.

• (3) Before publishing the EYFS assessments regulatory framework or a revised version of it, Ofqual must consult—