Part V Supervision of curriculum for schools and external qualifications
Chapter IIF15Functions of the National Assembly for Wales
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F2327 The Qualifications, Curriculum and Assessment Authority for Wales.
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Functions of the F16National Assembly for Wales
Words in s. 28 cross-heading substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 10 (with art. 7)
28 General function of F17National Assembly for Wales to advance education and training.
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C129 Functions of the F18National Assembly for Wales in relation to curriculum and assessment.
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F24The National Assembly for Wales shall have the functions set out in subsection (2) F1 with respect to—
a
pupils at maintained schools in Wales who have not ceased to be of compulsory school age,
b
pupils at maintained nursery schools in Wales, and
c
children for whom funded nursery education is provided in Wales otherwise than at a maintained school or maintained nursery school.
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The functions are—
a
to keep under review all aspects of the curriculum for F2maintained schools or maintained nursery schools and all aspects of school examinations and assessment;
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d
to publish and disseminate, and assist in the publication and dissemination of, information relating to the curriculum for such schools or to school examinations and assessment;
e
to make arrangements with appropriate bodies for auditing the quality of assessments made in pursuance of assessment arrangements; F3. . .
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F42A
In subsection (2) references to the curriculum for a maintained nursery school include references to the curriculum for any funded nursery education provided asmentioned in subsection (1)(c); and references to assessment in schools include references to assessment in funded nursery education.
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The Authority shall have, in relation to Wales, the function of developing learning goals and related materials for children who are F5under compulsory school age.
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The Authority shall have, in relation to Wales, the following functions in connection with baseline assessment schemes (within the meaning of Chapter I of Part IV), namely—
a
if designated by the Secretary of State for the purpose, any function of a designated body under that Chapter; and
b
any other function which may be conferred on the Authority by the Secretary of State.
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In this section “assessment” and “maintained school” have the same meaning as in section 23F6; and “funded nursery education” has the meaning given by section 98 of the Education Act 2002;
30 Functions of the F19National Assembly for Wales in relation to external vocational and academic qualifications.
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This section applies for the purposes of the following functions with respect to external qualifications in relation to Wales—
i
to keep under review all aspects of such qualifications;
ii
to provide support and advice to persons providing courses leading to such qualifications with a view to establishing and maintaining high standards in the provision of such courses;
iii
to publish and disseminate, and assist in the publication and dissemination of, information relating to such qualifications;
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to develop and publish criteria for the accreditation of such qualifications;
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to accredit, where they meet such criteria, any such qualifications submitted for accreditation;
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to make arrangements (whether or not with others) for the development, setting or administration of tests or tasks which fall to be undertaken with a view to obtaining such qualifications and which fall within a prescribed description.
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In subsection (1) (d)— “criteria” includes criteria that are to be applied for the purpose of ensuring that the number of different accredited qualifications in similar subject areas or serving similar functions is not excessive; and paragraph (e) of that subsection is to be construed accordingly.”;
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Subject to subsection (2), with respect to external qualifications other than National Vocational Qualifications, the functions set out in subsection (1) are exercisable solely by the National Assembly for Wales.
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Subject to subsection (2), with respect to National Vocational Qualifications—
i
the functions specified in subsections (1)(a) to (d) are exercisable concurrently by the National Assembly for Wales and the Qualifications and Curriculum Authority;
ii
the functions specified in subsection 1(e) and (f) are exercisable solely by the Qualifications and Curriculum Authority.
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The National Assembly for Wales may by order prescribe that—
i
a function specified in subsection (1) which is for the time being exercisable solely by the Assembly shall be exercised concurrently by the Assembly and the Qualifications and Curriculum Authority;
ii
such a function which is for the time being exercisable solely by the Qualifications and Curriculum Authority shall be exercised either concurrently by that Authority and the Assembly or solely by the Assembly;
iii
such a function which is for the time being exercisable concurrently by the Qualifications and Curriculum Authority and the Assembly shall be exercised solely by the Assembly.
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The Authority shall have, in relation to Wales, the following functions with respect to external qualifications, namely—
a
if designated by the Secretary of State for the purpose, to advise the Secretary of State on the exercise of his powers under section 37 (approval of external qualifications); and
b
if designated by the Secretary of State for the purpose, to exercise any functions conferred on a designated body by regulations under that section.
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In this section “external qualification” has the same meaning as in section 24.
F3631 Other functions of the Authority.
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32 Supplementary provisions relating to discharge by F21the National Assembly for Wales of its functions .
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so far as relevant, have regard to—
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the requirements of F8section 99 of the Education Act 2002(general duties in respect of curriculum),
ii
the requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and
iii
the requirements of persons with special learning needs.
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In carrying out those functions F44the National Assembly for Wales shall in addition have regard to information supplied F45to it by F9Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru or by any body designated by the Secretary of State for the purposes of this section.
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Those conditions may in particular include conditions—
a
placing a limit on the amount of the fee that can be demanded in respect of any award or authentication of the qualification in question; and
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requiring rights of entry to premises and to inspect and copy documents so far as necessary for F51the National Assembly for Wales —
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to satisfy F52itself that the appropriate standards are being maintained, in relation to the award or authentication of the qualification in question, by the persons receiving the accreditation, or
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to determine whether to impose a condition falling within paragraph (a) and if so what that condition should be.
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Where authorised to do so under paragraph 2(3) of Schedule 4, the National Assembly for Wales may act as agent for the Qualifications and Curriculum Authority in connection with the exercise of any of that Authority’s functions in relation to Wales.
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In this section “persons with special learning needs” has the same meaning as in section 26.
32AF13 Power of F20National Assembly for Wales to give directions
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If it appears to F37the National Assembly for Wales —
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that any person (in this section referred to as “the awarding body”) who, either alone or jointly with others, awards or authenticates any qualification accredited by F38the National Assembly for Wales has failed or is likely to fail to comply with any condition subject to which the accreditation has effect, and
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that the failure—
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prejudices or would be likely to prejudice the proper award or authentication of the qualification, or
ii
prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain the qualification,
F38the National Assembly for Wales may direct the awarding body to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.
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It shall be the duty of the awarding body to comply with any direction under this section.
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Any direction under this section is enforceable, on the application of F39the National Assembly for Wales , by a mandatory order.
Pt. V Ch. II heading substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 8 (with art. 7)