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Part VU.K. Supervision of curriculum for schools and external qualifications

Chapter IIU.K. [F1Functions of the National Assembly for Wales]

Textual Amendments

F2...E+W

Textual Amendments

F327 The Qualifications, Curriculum and Assessment Authority for Wales.E+W

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Textual Amendments

Functions of the [F4National Assembly for Wales] E+W

Textual Amendments

28 General function of [F5National Assembly for Wales] to advance education and training.E+W

(1)The functions conferred on the [F6National Assembly for Wales] by this Part shall be exercised by [F7the National Assembly for Wales] for the purpose of advancing education and training in Wales.

(2)[F8The National Assembly for Wales] shall exercise [F9its functions] under this Part with a view to promoting quality and coherence in education and training in relation to which [F10it has] functions under this Part.

Textual Amendments

29 Functions of the [F11National Assembly for Wales] in relation to curriculum and assessment.E+W

(1)[F12The National Assembly for Wales] shall have the functions set out in subsection (2) [F13 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.]

(2)The functions are—

(a)to keep under review all aspects of the curriculum for [F14maintained schools or maintained nursery schools] and all aspects of school examinations and assessment;

F15(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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; F17. . .

(f)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18(2A)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.]

(3)The Authority shall have, in relation to Wales, the function of developing learning goals and related materials for children who are [F19under compulsory school age.]

(4)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.

(5)In this section “assessment” and “maintained school” have the same meaning as in section 23[F20; and “funded nursery education” has the meaning given by section 98 of the Education Act 2002;]

Textual Amendments

F13Words in s. 29(1) substituted (19.12.2002) by Education Act 2002 (c. 32), Sch. 17 para. 5(2) (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1

F14Words in s. 29(2)(a) substituted (19.12.2002) by Education Act 2002 (c. 32), s. 189, Sch. 17 para. 5(3)(a) (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1

F19Words in s. 29(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 215 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F20Words in s. 29(5) inserted (19.12.2002) by virtue of Education Act 2002 (c. 32), s. 189, Sch. 17 para. 5(6) (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1

Modifications etc. (not altering text)

30 Functions of the [F21National Assembly for Wales] in relation to external vocational and academic qualifications.E+W

[F22(1)This section applies for the purposes of the following functions with respect to external qualifications in relation to Wales—

F23(a)to keep under review all aspects of such qualifications;

F23(b)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;

F23(c)to publish and disseminate, and assist in the publication and dissemination of, information relating to such qualifications;

[F24(ca)to develop and publish criteria for the recognition of persons who, as outside persons, award or authenticate such qualifications or credits in respect of components of such qualifications;

(cb)to recognise, where they meet such criteria, any such persons who apply to be recognised;

(d)to develop and publish criteria for the accreditation of such qualifications where they are awarded or authenticated by persons recognised under paragraph (cb);]

F23(e)to accredit, where they meet such criteria, any such qualifications submitted for accreditation;

F23(f)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.]

[F25(1A)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.”;]

[F26(1B)The following functions are exercisable solely by the Welsh Ministers—

(a)the functions set out in paragraphs (ca) and (cb) of subsection (1); and

(b)the functions set out in the other paragraphs of that subsection so far as they relate to external qualifications other than National Vocational Qualifications.

(1C)The functions set out in those other paragraphs so far as they relate to National Vocations Qualifications are exercisable as follows—

(a)the functions set out in paragraphs (a) to (c), (d) and (ea) of subsection (1) are exercisable concurrently by the Welsh Ministers and the Qualifications and Curriculum Authority; and

(b)the functions set out in paragraphs (e) and (f) of that subsection are exercisable solely by the Qualifications and Curriculum Authority.

(1D)Subsections (1B) and (1C) are subject to any exercise of the power conferred by subsection (2).]

[F27(2)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.]

[F28(3)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.]

F29(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In this section “external qualification” has the same meaning as in section 24.

[F30(6)Subsection (7) of section 24 (interpretation of references to the award or authentication by outside persons of external qualifications or credits in respect of components of them) applies for the purposes of this section as it applies for the purposes of that section.]

Textual Amendments

F23S. 30(1)(a)-(f): renumbered (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(3)(a), 173(3)(4); S.I. 2009/784, art. 2(a)

F24S. 30(1)(ca)-(d) substituted for s. 30(1)(d) (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(3)(b), 173(3)(4); S.I. 2009/784, art. 2(a)

F26S. 30(1B)-(1D) substituted for s. 30(1B)(1C) (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(4), 173(3)(4); S.I. 2009/784, art. 2(a)

F28S. 30(3) repealed (1.4.2001 for W. and otherwiseprosp.) by 2000 c. 21, ss. 103(4)(c), 153, 154, Sch. 11; S.I. 2001/1274, art. 2, Sch. Pt. I

F3131 Other functions of the Authority.E+W

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Textual Amendments

32 Supplementary provisions relating to discharge by [F32the National Assembly for Wales of its functions] .E+W

(1)In carrying out [F33its functions] under this Part [F34the National Assembly for Wales] shall—

F35(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)so far as relevant, have regard to—

(i)the requirements of [F37section 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.

(2)In carrying out those functions [F38the National Assembly for Wales] shall in addition have regard to information supplied [F39to it] by [F40Her 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.

(3)Where in carrying out any of [F41its functions] under this Part [F42the Assembly [F43recognises any person or] accredits] F44... any qualification, [F45it may] do so on such terms (including terms as to payment) F44... as [F45it may] determine.

[F46(3A)Where in carrying out those functions [F47the National Assembly for Wales [F48recognises any person or] accredits] any qualification, [F49it may], at the time of [F50recognition or of] accreditation or later, impose such conditions on [F51recognition or] accreditation or continued [F52recognition or] accreditation as [F49it may] determine.]

(4)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

[F53(b)requiring rights of entry to premises and to inspect and copy documents so far as necessary for [F54the National Assembly for Wales] —

(i)to satisfy [F55itself] that the appropriate standards are being [F56maintained by the recognised person in question in relation to the award or authentication of qualifications generally or in relation to the award or authentication of the qualification in question], or

(ii)to determine whether to impose a condition falling within paragraph (a) and if so what that condition should be.]

[F57(4A)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.]

F58(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this section “persons with special learning needs” has the same meaning as in section 26.

Textual Amendments

F37Words in s. 32(1)(c)(i) substituted (19.12.2002 for W., 1.3.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 70 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 2

F40Words in s. 32(2) substituted (1.1.2001) by 2000 c. 21, s. 73(a); S.I. 2000/3230, art. 2, Sch.

F43Words in s. 32(3) inserted (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(7), 173(3)(4); S.I. 2009/784, art. 2(a)

F48Words in s. 32(3A) inserted (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(8)(a), 173(3)(4); S.I. 2009/784, art. 2(a)

F50Words in s. 32(3A) inserted (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(8)(b), 173(3)(4); S.I. 2009/784, art. 2(a)

F51Words in s. 32(3A) inserted (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(8)(c), 173(3)(4); S.I. 2009/784, art. 2(a)

F52Words in s. 32(3A) inserted (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(8)(d), 173(3)(4); S.I. 2009/784, art. 2(a)

F56Words in s. 32(4)(b)(i) substituted (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(9), 173(3)(4); S.I. 2009/784, art. 2(a)

[F5932A Power of Welsh Ministers to give directionsE+W

(1)If it appears to the Welsh Ministers—

(a)that any recognised person has failed or is likely to fail to comply with any condition subject to which the recognition has effect, and

(b)that the failure—

(i)prejudices or would be likely to prejudice the proper award or authentication by that person of any qualification accredited by them or by the Qualifications and Curriculum Authority, or

(ii)prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain any such qualification awarded or authenticated by that person,

the Welsh Ministers may direct the recognised person to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the recognition has effect.

(2)If it appears to the Welsh Ministers—

(a)that any recognised person who awards or authenticates any qualification accredited by them has failed or is likely to fail to comply with any condition subject to which the accreditation has effect, and

(b)that the failure—

(i)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,

the Welsh Ministers may direct the recognised person to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.

(3)It shall be the duty of the recognised person to comply with any direction under this section.

(4)Any direction under this section is enforceable, on the application of the Welsh Ministers, by a mandatory order.

(5)In this section “recognised person” means a person recognised by the Welsh Ministers.

(6)In this section any reference to the award or authentication of any qualification by any person is a reference to its award or authentication by any person alone or jointly with others.]

Textual Amendments