Apprenticeships, Skills, Children and Learning Act 2009

• (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—

• (a) the Secretary of State, and

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

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

General

Interpretation of Chapter

166

In this Chapter—

• “EYFS assessment arrangements” has the meaning given by section 131;

• “EYFS responsible body” has the meaning given by section 162;

• “NC assessment arrangements” has the meaning given by section 131;

• “NC responsible body” has the meaning given by section 162.

Chapter 4 — Other functions

Provision of services

167

• (1) Ofqual may, in connection with any of its functions, provide services to any person (whether or not in the United Kingdom).

• (2) Services provided by virtue of this section may be provided on such terms and subject to such conditions (if any) as Ofqual may determine.

• (3) Ofqual may charge a fee for, or in connection with, any service provided by virtue of this section.

Provision of information or advice

168

• (1) If requested to do so by the Secretary of State, Ofqual must provide the Secretary of State with information or advice on such matters relating to any of its functions as may be specified in the request.

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

Research and development

169

• (1) Ofqual may carry out programmes of research and development for purposes connected with—

• (a) qualifications to which this Part applies, or

• (b) regulated assessment arrangements.

• (2) Ofqual may commission, co-ordinate or facilitate the carrying out of programmes of research and development for the purposes mentioned in subsection (1).

Duty not to impose or maintain unnecessary burdens

170

• (1) Ofqual must keep its regulatory functions under review.

• (2) Ofqual must secure that in performing any of its regulatory functions it does not—

• (a) impose burdens which it considers to be unnecessary, or

• (b) maintain burdens which it considers to have become unnecessary.

• (3) Subsection (2) does not require the removal of a burden which has become unnecessary where its removal would, having regard to all the circumstances, be impracticable or disproportionate.

• (4) Ofqual must publish a statement setting out—

• (a) what it proposes to do pursuant to subsections (1) and (2) in the period to which the statement relates,

• (b) (except in the case of the first statement published under this section) what it has done pursuant to subsections (1) and (2) since the previous statement was published under this section, and

• (c) where a burden which has become unnecessary is maintained pursuant to subsection (3), the reasons why the removal of the burden would, having regard to all the circumstances, be impracticable or disproportionate.

• (5) The first statement published under this section—

• (a) must be published as soon as reasonably practicable after the commencement of section 127, and

• (b) is to be a statement for the period of 12 months beginning with the day of its publication.

• (6) A subsequent statement published under this section—

• (a) must be published during the period to which the previous statement related or as soon as reasonably practicable after the end of that period, and

• (b) must be a statement for the period of 12 months beginning with the end of the period to which the previous statement related.

• (7) Ofqual must, in performing any of its regulatory functions during a period for which a statement is in force under this section, have regard to the statement.

• (8) In this section “regulatory function” has the same meaning as in the Legislative and Regulatory Reform Act 2006 (c. 51) (see section 32 of that Act).

Annual and other reports

171

• (1) As soon as reasonably practicable after the end of each reporting period Ofqual must prepare and publish a report for the period (“the annual report”).

• (2) The annual report must include—

• (a) a statement of what Ofqual has done in performing its functions in the reporting period;

• (b) an assessment of the extent to which Ofqual has met its objectives in that period;

• (c) details of any information obtained by Ofqual in that period on the levels of attainment in relevant regulated qualifications.

• (3) “Relevant regulated qualifications” are regulated qualifications that are taken wholly or mainly by pupils at schools in England.

• (4) An assessment under subsection (2)(b) in respect of the qualifications standards objective must in particular explain how, in making the assessment, Ofqual has taken account of any information within subsection (2)(c) obtained in the reporting period or an earlier reporting period.

• (5) If arrangements of the kind mentioned in section 150(2) (arrangements for referral of complaints to an independent party) were in place during the reporting period, the annual report must include a description of the activities of the independent party during the reporting period.

• (6) Ofqual must—

• (a) lay a copy of each annual report before Parliament;

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

• (7) Ofqual may prepare and publish other reports on matters relating to its functions.

• (8) If Ofqual prepares and publishes a report under subsection (7) it may—

• (a) lay a copy of the report before Parliament;

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

• (9) Ofqual may comply with subsection (1) by preparing and publishing a single document or separate documents ....

• (10) In this section “reporting period” means—

• (a) the period (being not longer than 12 months) beginning with the day on which section 127 comes into force and ending on such date as Ofqual decides;

• (b) each successive period of 12 months.

Chapter 5 — General

Interpretation of Part

172

• (1) In this Part—

• “institution within the higher education sector”—in relation to England, has the same meaning as in the Education Act 1996 (c. 56) (see section 4(4) of that Act);...

• “Ofqual” means the Office of Qualifications and Examinations Regulation;

• “qualification to which this Part applies” has the meaning given by section 130;

• “regulated assessment arrangements” has the meaning given by section 131;

• “regulated qualification” has the meaning given by section 130;

• “the specified purposes”, in relation to regulated assessment arrangements, has the meaning given by section 131.

• (2) In this Part a reference to the award or authentication of a qualification includes a reference to—

• (a) the award or authentication of credits in respect of components of a qualification, and

• (b) the award or authentication of a qualification by a body either alone or jointly with others.

• (3) In this Part a reference to recognition, or being recognised, in respect of a qualification is a reference to recognition, or being recognised, under section 132 in respect of the award or authentication of the qualification or of a description of qualification which applies to the qualification.

Transfer schemes

173

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Minor and consequential amendments

174

Schedule 12 contains minor and consequential amendments relating to the provision made by this Part (and Part 8).

Part 8 — The Qualifications and Curriculum Development Agency

Chapter 1 — The QCDA, objective and general duties

The QCDA

The Qualifications and Curriculum Development Agency

175

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Objective and general duties

Objective

176

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General duties

177

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Chapter 2 — Functions in relation to qualifications

Qualifications within the QCDA’s remit

178

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Qualifications: general functions

179

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Assistance etc. in relation to qualifications functions of Ofqual

180

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Chapter 3 — Functions in relation to curriculum, Early Years Foundation Stage and assessment

Curriculum

181

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Early learning goals and educational programmes

182

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Assessment arrangements

183

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Chapter 4 — Other functions and supplementary provision

Other functions

Provision of services or other assistance

184

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Provision of information or advice

185

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Ancillary activities

186

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Co-operation and joint working

187

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Power to confer supplementary functions on the QCDA

188

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Supplementary provision

Directions etc. by the Secretary of State

189

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Guidance by the Secretary of State

190

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Chapter 5 — General

Interpretation of Part

191

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Minor and consequential amendments

192

Schedule 12 contains minor and consequential amendments relating to the provision made by this Part (and by Part 7).

Part 9 — Children's services

Co-operation to improve well-being of children

Arrangements to promote co-operation

193

• (1) Section 10 of the Children Act 2004 (c. 31) (co-operation to improve well-being) is amended as set out in subsections (2) to (5).

• (2) In subsection (4)—

• (a) after paragraph (f) insert—

(fa) the governing body of a maintained school that is maintained by the authority in their capacity as a local authority; (fb) the proprietor of a school approved by the Secretary of State under section 342 of the Education Act 1996 and situated in the authority's area; (fc) the proprietor of a city technology college, city college for the technology of the arts or Academy situated in the authority's area; (fd) the governing body of an institution within the further education sector the main site of which is situated in the authority's area; (fe) the Secretary of State, in relation to the Secretary of State's functions under section 2 of the Employment and Training Act 1973.

;

• (b) omit paragraph (g).

• (3) After subsection (5) insert—

(5A) For the purposes of arrangements under this section a relevant person or body may— (a) provide staff, goods, services, accommodation or other resources to another relevant person or body; (b) make contributions to a fund out of which relevant payments may be made.

• (4) Omit subsections (6) and (7).

• (5) After subsection (9) insert—

(10) In deciding for the purposes of subsection (4)(fd) whether the main site of an institution within the further education sector is situated within the area of a children's services authority, the authority and the governing body of the institution must have regard to any guidance given to them by the Secretary of State. (11) In this section— - “governing body”, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992; - “institution within the further education sector” has the meaning given by section 4(3) of the Education Act 1996; - “maintained school” has the meaning given by section 39(1) of the Education Act 2002; - “proprietor”, in relation to a city technology college, city college for the technology of the arts, Academy or other school, means the person or body of persons responsible for its management; - “relevant payment”, in relation to a fund, means a payment in respect of expenditure incurred, by a relevant person or body contributing to the fund, in the exercise of its functions; - “relevant person or body” means— 1. a children's services authority in England; 2. a relevant partner of a children's services authority in England.

Children’s Trust Boards

194

• (1) Part 2 of the Children Act 2004 (c. 31) (children's services in England) is amended as set out in subsections (2) to (5).

• (2) After section 12 insert—

(12A) (1) Arrangements made by a local authority in England under section 10 must include arrangements for the establishment of a Children's Trust Board for their area. (2) A Children's Trust Board must include a representative of each of the following— (a) the establishing authority; (b) each of the establishing authority's relevant partners (subject to subsection (4)). (3) A Children's Trust Board may also include any other persons or bodies that the establishing authority, after consulting each of their relevant partners, think appropriate. (4) A Children's Trust Board need not include any of the establishing authority's relevant partners who are of a description prescribed by regulations made by the Secretary of State. (5) Subsection (2) does not require a Children's Trust Board to include a separate representative for each of the persons or bodies mentioned in subsection (2)(a) and (b). (6) Where two or more local authorities jointly make arrangements under section 10 for the establishment of a Children's Trust Board, references in sections 12B and 17 to the area of the authority that established the Board are to be read as references to an area consisting of the combined areas of those authorities. (7) For the purposes of this section and sections 12B and 12C— (a) “the establishing authority”, in relation to a Children's Trust Board, is the local authority that establishes the Board; (b) a person or body is a “relevant partner” of a local authority if it is a relevant partner of the authority for the purposes of section 10. (12B) (1) The functions of a Children's Trust Board are— (a) those conferred by or under section 17 or 17A (children and young people's plans); (b) any further functions conferred by regulations made by the Secretary of State. (2) Regulations under subsection (1)(b) may confer a function on a Children's Trust Board only if the function relates to improving the well-being of children or relevant young persons in the area of the establishing authority. (3) In subsection (2) “well-being” means well-being so far as relating to one or more of the matters specified in section 10(2)(a) to (e). (4) A Children's Trust Board must have regard to any guidance given to it by the Secretary of State in connection with— (a) the procedures to be followed by it; (b) the exercise of its functions. (5) In this section “relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made. (12C) (1) The establishing authority and any of their relevant partners represented on a Children's Trust Board may make payments towards expenditure incurred by, or for purposes connected with, the Board— (a) by making the payments directly; or (b) by contributing to a fund out of which the payments may be made. (2) The establishing authority and any of their relevant partners represented on a Children's Trust Board may provide staff, goods, services, accommodation or other resources for purposes connected with the functions of the Board. (3) Two or more Children's Trust Boards may establish and maintain a pooled fund for the purposes of any of their functions. (4) A pooled fund is a fund— (a) which is made up of contributions by the Boards concerned, and (b) out of which payments may be made towards expenditure incurred in the discharge of functions of any of the Boards. (12D) (1) A person or body represented on a Children's Trust Board must supply to the Board any information requested by the Board for the purpose of enabling or assisting it to perform its functions. (2) Information supplied to a Children's Trust Board under this section may be used by the Board only for the purpose of enabling or assisting it to perform its functions. (3) Information requested under subsection (1) must be information that relates to— (a) the person or body to whom the request is made; (b) a function of that person or body, or (c) a person in respect of whom a function is exercisable by that person or body.

• (3) For section 17 substitute—

(17) (1) The Secretary of State may by regulations require a Children's Trust Board established by virtue of arrangements under section 10 from time to time to prepare and publish a children and young people's plan. (2) A children and young people's plan is a plan setting out the strategy of the persons or bodies represented on the Board for co-operating with each other with a view to improving the well-being of children and relevant young persons in the area of the authority that established the Board. (3) In subsection (2) “well-being” means well-being so far as relating to the matters specified in section 10(2)(a) to (e). (4) Regulations under this section may in particular make provision as to— (a) the matters to be dealt with in a children and young people's plan; (b) the period to which a children and young people's plan is to relate; (c) when and how a children and young people's plan must be published; (d) keeping a children and young people's plan under review; (e) revising a children and young people's plan; (f) consultation to be carried out during preparation or revision of a children and young people's plan; (g) other steps required or permitted to be taken in connection with the preparation or revision of a children and young people's plan. (5) In this section “relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made. (17A) (1) This section applies where a Children's Trust Board prepares a children and young people's plan in accordance with regulations under section 17. (2) The persons and bodies whose strategy for co-operation is set out in the plan must have regard to the plan in exercising their functions. (3) The Board must— (a) monitor the extent to which the persons and bodies whose strategy for co-operation is set out in the plan are acting in accordance with the plan; (b) prepare and publish an annual report about the extent to which, during the year to which the report relates, those persons and bodies have acted in accordance with the plan.

• (4) In section 18(2) (functions of local authority exercisable by director of children's services) in paragraph (d) for “and 17” substitute “ , 12C, 12D and 17A ”.

• (5) In section 23(3) (sections 20 to 22: meaning of “children's services”) in paragraph (b) for “13” substitute “ 12B ”.

• (6) In section 50(2) of the Children Act 2004 (c. 31) (intervention: relevant functions) in paragraph (c) for “and 17” substitute “ , 12C, 12D and 17A ”.

• (7) In section 66(3) of that Act (regulations and orders subject to affirmative procedure) after “12” insert “ , 12B(1)(b) ”.

• (8) In section 47A of the School Standards and Framework Act 1998 (schools forums)—

• (a) after subsection (3) insert—

(3A) In exercising its functions, a schools forum is to have regard to any children and young people's plan prepared by the local Children's Trust Board.

;

• (b) after subsection (9) insert—

(10) In this section— (a) a “children and young people's plan” means a plan published by a Children's Trust Board under section 17 of the Children Act 2004; (b) “the local Children's Trust Board”, in relation to a schools forum, is the Children's Trust Board established by arrangements made under section 10 of that Act by the relevant authority ....

• (9) In section 21 of the Education Act 2002 (c. 32)—

• (a) in subsection (9) for paragraph (a) (but not the “and” immediately after it) substitute—

(a) in relation to a school in England, any plan published by the relevant Children's Trust Board under section 17 of the Children Act 2004 (children and young people's plans: England),

;

• (b) after subsection (9) insert—

(10) In subsection (9)(a), “the relevant Children's Trust Board” means the Children's Trust Board established by arrangements made under section 10 of the Children Act 2004 by the local authority ....

Safeguarding and promoting the welfare of children

Targets for safeguarding and promoting the welfare of children

195

• (1) Before section 10 of the Children Act 2004 (c. 31) insert—

(9A) (1) The Secretary of State may, in accordance with regulations, set safeguarding targets for a children's services authority in England. (2) The regulations may, in particular— (a) make provision about matters by reference to which safeguarding targets may, or must, be set; (b) make provision about periods to which safeguarding targets may, or must, relate; (c) make provision about the procedure for setting safeguarding targets; (d) specify requirements with which a children's services authority in England must comply in connection with the setting of safeguarding targets. (3) In exercising their functions, a children's services authority in England must act in the manner best calculated to secure that any safeguarding targets set under this section (so far as relating to the area of the authority) are met. (4) “Safeguarding targets”, in relation to a children's services authority in England, are targets for safeguarding and promoting the welfare of children in the authority's area.

• (2) In section 66 of that Act (regulations and orders)—

• (a) in subsection (4) after “containing” insert “ the first regulations under section 9A or ”;

• (b) in subsection (5)(a) for “to which subsection (3) does not apply” substitute “ to which neither of subsections (3) and (4) applies ”.

• (3) In Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (social services functions) in the entry relating to the Children Act 2004—

• (a) in the first column, after “Sections” insert “ 9A, ”;

• (b) in the second column, after “to” insert “ targets for safeguarding and promoting the welfare of children, and to ”.

Local Safeguarding Children Boards: lay members

196

• (1) Part 2 of the Children Act 2004 is amended as follows.

• (2) In section 13 (establishment of LSCBs) after subsection (5) insert—

(5A) A local authority in England must take reasonable steps to ensure that the Local Safeguarding Children Board established by them also includes two persons who appear to the authority to be representative of persons living in the authority's area. (5B) An authority may pay remuneration, allowances and expenses to persons who are included by virtue of subsection (5A) in a Local Safeguarding Children Board established by them.

• (3) In section 14 (functions and procedures of LSCBs) in subsection (1)(a) after “the Board” insert “ by virtue of section 13(2), (4) or (5) ”.

Local Safeguarding Children Boards: annual reports

197

After section 14 of the Children Act 2004 (c. 31) insert—

(14A) (1) At least once in every 12 month period, a Local Safeguarding Children Board established under section 13 must prepare and publish a report about safeguarding and promoting the welfare of children in its local area. (2) The Board must submit a copy of the report to the local Children's Trust Board. (3) For the purposes of this section— (a) the local area of a Local Safeguarding Children Board is the area of the local authority that established the Board; (b) the local Children's Trust Board, in relation to a Local Safeguarding Children Board, is the Children's Trust Board established for the Board's local area.

Children's centres

Arrangements for children’s centres

198

In Part 1 of the Childcare Act 2006 (c. 21) (functions of local authorities in England in relation to children) after section 5 insert—

Children's centres (5A) (1) Arrangements made by an English local authority under section 3(2) must, so far as is reasonably practicable, include arrangements for sufficient provision of children's centres to meet local need. (2) “Local need” is the need of parents, prospective parents and young children in the authority's area. (3) In determining what provision of children's centres is sufficient to meet local need, an authority may have regard to any children's centres— (a) that are provided outside the authority's area, or (b) that the authority expect to be provided outside their area. (4) For the purposes of this Part and Part 3A a “children's centre” is a place, or a group of places— (a) which is managed by or on behalf of, or under arrangements made with, an English local authority, with a view to securing that early childhood services in their area are made available in an integrated manner, (b) through which each of the early childhood services is made available, and (c) at which activities for young children are provided, whether by way of early years provision or otherwise. (5) For the purposes of this section, a service is made available— (a) by providing the service, or (b) by providing advice and assistance to parents and prospective parents on gaining access to the service. (6) Guidance given under section 3(6) in respect of arrangements made under section 3(2) by virtue of subsection (1) of this section may, in particular, relate to— (a) circumstances in which any early childhood services should be made available through children's centres as mentioned in subsection (5)(a); (b) circumstances in which any early childhood services should be made available through children's centres as mentioned in subsection (5)(b). (7) A children's centre provided by virtue of arrangements made by an English local authority under section 3(2) is to be known as a Sure Start Children's Centre. (5B) (1) Regulations may make provision about the staffing, organisation and operation of children's centres. (2) The regulations may in particular— (a) require English local authorities to secure that children's centres have governing bodies; (b) impose obligations and confer powers on any such governing bodies. (5C) (1) This section applies where arrangements made by an English local authority under section 3(2) include arrangements for the provision of one or more children's centres. (2) The authority must make arrangements to secure that each of the children's centres is within the remit of an advisory board. (3) A children's centre is within the remit of an advisory board if it is specified in relation to the board by the responsible authority. (4) An advisory board must provide advice and assistance for the purpose of ensuring the effective operation of the children's centres within its remit. (5) An advisory board must include persons representing the interests of— (a) each children's centre within its remit; (b) the responsible authority; (c) parents or prospective parents in the responsible authority's area. (6) An advisory board may also include persons representing the interests of any other persons or bodies that the responsible authority think appropriate. (7) In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State. (8) The guidance may in particular relate to— (a) the membership of advisory boards; (b) the organisation and operation of advisory boards. (9) The “responsible authority”, in relation to an advisory board in respect of which arrangements have been made under subsection (2), is the authority that made the arrangements. (5D) (1) An English local authority must secure that such consultation as they think appropriate is carried out— (a) before making arrangements under section 3(2) for the provision of a children's centre; (b) before any significant change is made in the services provided through a relevant children's centre; (c) before anything is done that would result in a relevant children's centre ceasing to be a children's centre. (2) In discharging their duty under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State. (3) For the purposes of this section a change in the manner in which, or the location at which, services are provided is to be treated as a change in the services. (4) A “relevant children's centre”, in relation to an authority, is a children's centre provided by virtue of arrangements made by the authority under section 3(2). (5E) (1) This section applies where arrangements made by an English local authority under section 3(2) include arrangements for the provision of one or more children's centres. (2) The authority must consider whether each of the early childhood services to be provided by them should be provided through any of those children's centres. (3) Each relevant partner of the authority must consider whether each of the early childhood services to be provided by it in the authority's area should be provided through any of those children's centres. (4) In discharging their duties under this section, the authority and each relevant partner must take into account whether providing a service through any of the children's centres in question would— (a) facilitate access to it, or (b) maximise its benefit to parents, prospective parents and young children. (5) In discharging their duties under this section, an English local authority and each of their relevant partners must have regard to any guidance given from time to time by the Secretary of State. (6) For the purposes of this section, early childhood services are provided by a person or body if they are provided on behalf of, or under arrangements made with, that person or body. (7) For the avoidance of doubt, nothing in this section is to be taken as preventing an English local authority or any of their relevant partners from providing early childhood services otherwise than through a children's centre. (5F) (1) This section applies if immediately before the commencement date an English local authority has made arrangements for the provision of a children's centre. (2) To the extent that this would not otherwise be the case, the arrangements are to be treated for the purposes of this Part and Part 3A as made under section 3(2). (3) “The commencement date” is the day on which section 198 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force. (5G) In sections 5A to 5F— - “children's centre” has the meaning given by section 5A(4); - “early childhood services” has the same meaning as in section 3; - “parent” and “prospective parent” have the same meaning as in section 2; - “relevant partner” has the same meaning as in section 4.

Inspection of children’s centres

199

After Part 3 of the Childcare Act 2006 (c. 21) (regulation of provision of childcare in England) insert—

Part 3AInspection of children's centres (98A) (1) The Chief Inspector must— (a) inspect a children's centre at such intervals as may be prescribed; (b) inspect a children's centre at any time when the Secretary of State requires the Chief Inspector to secure its inspection. (2) The Chief Inspector may inspect a children's centre at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected. (3) Regulations may provide that in prescribed circumstances the Chief Inspector is not required to inspect a children's centre at an interval prescribed for the purposes of subsection (1)(a). (4) A requirement made by the Secretary of State as mentioned in subsection (1)(b) may be imposed in relation to— (a) children's centres generally; (b) a class of children's centres; (c) a particular children's centre. (5) For the purposes of subsection (4)(b) a class of children's centres may be described, in particular, by reference to a geographical area. (6) If the Chief Inspector so elects in the case of an inspection falling within subsection (1)(b) or (2), that inspection is to be treated as if it were an inspection falling within subsection (1)(a). (98B) (1) After conducting an inspection of a children's centre under section 98A, the Chief Inspector must make a report in writing. (2) The report must address the centre's contribution to— (a) facilitating access to early childhood services by parents, prospective parents and young children; (b) maximising the benefit of those services to parents, prospective parents and young children; (c) improving the well-being of young children. (3) Regulations may make provision, for the purposes of subsection (2), about— (a) matters required to be dealt with in the report; (b) matters not required to be dealt with in the report. (4) The regulations may, in particular, require the matters dealt with in the report to include matters relating to the quality of the leadership and management of the centre, including whether the financial resources made available to it are managed effectively. (5) The Chief Inspector— (a) may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy; (b) must ensure that a copy of the report is sent without delay to the relevant local authority; (c) may arrange for the report (or parts of it) to be further published in any manner the Chief Inspector considers appropriate. (6) For the purposes of this section and section 98C, the “relevant local authority”, in relation to a children's centre, is the English local authority that made the arrangements under section 3(2) by virtue of which the centre is provided. (98C) (1) This section applies where a copy of a report relating to a children's centre is sent to the relevant local authority under section 98B(5)(b). (2) The authority may— (a) send a copy of the report (or parts of it) to any person they think appropriate; (b) otherwise publish the report (or parts of it) in any manner they think appropriate. (3) The authority must secure that a written statement within subsection (4) is prepared and published. (4) A statement within this subsection is one setting out— (a) the action that each relevant person proposes to take in the light of the report, and (b) the period within which each relevant person proposes to take that action. (5) For the purposes of this section and section 98D, each of the following is a relevant person in relation to a children's centre— (a) the relevant local authority; (b) any person or body, other than the relevant local authority, managing the centre. (6) In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State. (98D) (1) The Chief Inspector may, at any reasonable time, enter any relevant premises in England for the purpose of conducting an inspection of a children's centre under section 98A. (2) “Relevant premises”, for the purposes of subsection (1), are— (a) premises on which services or activities are being provided through the children's centre; (b) premises of a relevant person which are used in connection with the staffing, organisation or operation of the children's centre. (3) But premises used wholly or mainly as a private dwelling are not relevant premises for the purposes of subsection (1). (4) An authorisation given by the Chief Inspector under paragraph 9(1) of Schedule 12 to the Education and Inspections Act 2006 in relation to functions under subsection (1)— (a) may be given for a particular occasion or period; (b) may be given subject to conditions. (5) Subject to any conditions imposed under subsection (4)(b), subsections (6) to (8) apply where a person (“the inspector”) enters premises under this section. (6) The inspector may— (a) inspect the premises; (b) take measurements and photographs or make recordings; (c) inspect any children for whom activities are provided on the premises, and the arrangements made for their welfare; (d) interview in private any person working on the premises who consents to be interviewed. (7) The inspector may inspect, and take copies of, any records or documents relating to— (a) the services or activities provided through the children's centre; (b) the staffing, organisation or operation of the children's centre. (8) The inspector may require a person to afford such facilities and assistance, with respect to matters within the person's control, as are necessary to enable the inspector to exercise the powers conferred by this section. (9) Section 58 of the Education Act 2005 (inspection of computer records) applies for the purposes of this section as it applies for the purposes of Part 1 of that Act. (10) In this section “documents” and “records” each include information recorded in any form. (98E) (1) A person commits an offence if the person intentionally obstructs another person exercising a power under section 98D. (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (98F) (1) The Chief Inspector may apply to a court for a warrant under this section. (2) Subsection (3) applies if on an application under subsection (1) it appears to the court that the Chief Inspector— (a) has attempted to exercise a power conferred by section 98D but has been prevented from doing so, or (b) is likely to be prevented from exercising any such power. (3) The court may issue a warrant authorising any constable to assist the Chief Inspector in the exercise of the power, using reasonable force if necessary. (4) A warrant under this section must be addressed to, and executed by, a constable. (5) Schedule 11 to the Children Act 1989 (jurisdiction of courts) applies in relation to proceedings under this section as if they were proceedings under that Act. (6) Subject to any provision made (by virtue of subsection (5)) by or under Schedule 11 to the Children Act 1989, “court” in this section means— (a) the High Court; (b) a county court; (c) a magistrates' court. (98G) In sections 98A to 98F— - “the Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills; - “children's centre” has the meaning given by section 5A(4); - “relevant partner” has the same meaning as in section 4.

Children’s centres: safeguarding children

200

In paragraph 3(1) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (c. 47) (regulated activities relating to children: establishments) after paragraph (f) insert—

(fa) a children's centre (within the meaning of section 5A(4) of the Childcare Act 2006);

.

Arrangements in respect of early childhood services

Arrangements in respect of early childhood services

201

In section 3 of the Childcare Act 2006 (c. 21) (specific duties of local authority in relation to early childhood services) after subsection (4) insert—

(4A) In deciding what arrangements to make under this section, an English local authority must in particular have regard to— (a) the quantity and quality of early childhood services that are provided, or that the authority expect to be provided, in their area, and (b) where in that area those services are provided or are expected to be provided.

Early years provision: budgetary framework

Free of charge early years provision: budgetary framework: England

202

• (1) The School Standards and Framework Act 1998 (c. 31) is amended as follows.

• (2) In section 45A (determination of specified budgets of local authority), after subsection (4A) insert—

(4B) For the purposes of this Part, the duty imposed on a local authority in England by section 7(1) of the Childcare Act 2006 (duty to secure prescribed early years provision free of charge) is to be treated as imposed on the authority in their capacity as a local authority.

• (3) After section 47 (determination of school's budget share) insert—