(1)This section applies to a course of education or training—
(a)which is provided (or proposed to be provided) by or on behalf of a school or institution or employer,
(b)which leads to [F1a relevant qualification], and
(c)which is provided (or proposed to be provided) for pupils who are of compulsory school age or for pupils who are above that age but have not attained the age of 19.
(2)Unless the [F2relevant] qualification is approved under section 98 or 99, the course must not be—
(a)funded by an authorised body (as defined in section 100), or
(b)provided by or on behalf of a maintained school.
(3)In relation to a maintained school, the local education authority and the governing body must carry out their functions with a view to securing that subsection (2)(b) is not contravened.
(4)The course mentioned in subsection (1) may be one of two or more components leading to the same qualification.
[F3(5)In this section “a relevant qualification”—
(a)in relation to England, means a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 applies;
(b)in relation to Wales, has the same meaning as in section 30 of the Education Act 1997.]
(8)These are maintained schools—
(a)a community, foundation or voluntary school;
(b)a community or foundation special school.
[F4(9)In this section and sections 100 to 102 “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).]
Textual Amendments
F1Words in s. 96(1)(b) substituted (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 27(2); S.I. 2010/1151, art. 2, Sch. 1, S.I. 2010/2413, art. 2(a)
F2Word in s. 96(2) substituted (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 27(3); S.I. 2010/1151, art. 2, Sch. 1, S.I. 2010/2413, art. 2(a)
F3S. 96(5) substituted for s. 95(5)-(7) (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 27(4); S.I. 2010/1151, art. 2, Sch. 1, S.I. 2010/2413, art. 2(a)
F4S. 96(9) added (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 46(6)
Modifications etc. (not altering text)
C1S. 96 restricted (with effect in accordance with art. 2 of the affecting S.I.) by Coventry City Council and the North West Federation of Schools (International General Certificate of Secondary Education) Order 2005 (S.I. 2005/1739), arts. 1(1), 2
Commencement Information
I1S. 96 wholly in force at 1.9.2001; s. 96 not in force at Royal Assent see s. 154; s. 96 in force at 1.9.2001 by S.I. 2001/654, art. 2 Sch. Pt. III; S.I. 2001/1274, art. 2 Sch. Pt. II
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5S. 97 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 43, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
(1)This section has effect for the purposes of [F6section 96 in its application ]to England.
(2)A qualification is approved at a given time if—
(a)it is then approved by the Secretary of State, or
(b)it is then approved by a body then designated by him for the purposes of this section.
F7(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F8(2B)A qualification may be approved only if—
(a)the conditions mentioned in subsection (2C) are satisfied in relation to the qualification, or
(b)the Office of Qualifications and Examinations Regulation is consulted before the approval is given.
(2C)The conditions are that—
(a)the qualification is a regulated qualification within the meaning of Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009, and
(b)if the qualification is subject to the accreditation requirement (within the meaning of Chapter 2 of that Part), it is accredited under section 139 of that Act.]
(3)Approval may be given generally or in relation to particular cases.
F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The Secretary of State may at any time revoke—
(a)a designation;
(b)an approval given by him;
(c)an approval given by a designated body.
(6)A designated body may at any time revoke an approval given by it.
(7)If the Secretary of State asks the [F10Qualifications and Curriculum Development Agency or the Young People's Learning Agency for England] to do so, it must advise him on any approval he proposes to give under subsection (2)(a).
(8)If a designated body asks the [F11Qualifications and Curriculum Development Agency or the Young People's Learning Agency for England] to do so, it must advise the body on any approval the body proposes to give under subsection (2)(b).
Textual Amendments
F6Words in s. 98(1) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 44(2); S.I. 2010/303, art. 3, Sch. 2
F7S. 98(2A) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 44(3), 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
F8S. 98(2B)(2C) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 28(2); S.I. 2010/1151, art. 2, Sch. 1
F9S. 98(4) repealed (28.2.2009) by Education and Skills Act 2008 (c. 25), ss. 159(3), 173(4), Sch. 2; S.I. 2009/387, art. 2
F10Words in s. 98(7) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 28(3); S.I. 2010/1151, art. 2, Sch. 1
F11Words in s. 98(8) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 28(3); S.I. 2010/1151, art. 2, Sch. 1
(1)This section has effect for the purposes of [F12section 96 in its application ] to Wales.
(2)A qualification is approved at a given time if—
[F13(za)the conditions mentioned in subsection (2ZA) are then satisfied in relation to the qualification,]
(a)it is then [F14otherwise] approved by the National Assembly for Wales, or
(b)it is then approved by a body then [F15otherwise] designated by the National Assembly for the purposes of this section.
[F16(2ZA)The conditions are that—
(a)the qualification is awarded or authenticated by a person recognised in that respect under section 30(1)(e) of the Education Act 1997, and
(b)if the qualification is subject to a requirement of accreditation pursuant to a determination made under section 30(1)(f) of that Act, it is accredited under section 30(1)(h) of that Act.]
(3)Approval may be given generally or in relation to particular cases.
(4)An approval given by a designated body is ineffective unless the National Assembly consents to the approval.
(5)The National Assembly may at any time revoke—
(a)a designation;
(b)an approval given by the National Assembly;
(c)an approval given by a designated body.
(6)A designated body may at any time revoke an approval given by it.
F17(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Words in s. 99(1) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 45(2); S.I. 2010/303, art. 3, Sch. 2
F13S. 99(2)(za) inserted (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 29(2)(a); S.I. 2010/2413, art. 2(a) (with arts. 3-5)
F14Word in s. 99(2)(a) inserted (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 29(2)(b); S.I. 2010/2413, art. 2(a) (with arts. 3-5)
F15Word in s. 99(2)(b) inserted (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 29(2)(b); S.I. 2010/2413, art. 2(a) (with arts. 3-5)
F16S. 99(2ZA) inserted (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 29(3); S.I. 2010/2413, art. 2(a) (with arts. 3-5)
F17S. 99(7) omitted (1.4.2006) by virtue of 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. 30 (with art. 7)
F18S. 99(8) omitted (1.4.2006) by virtue of 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. 30 (with art. 7)
Commencement Information
I2S. 99 not in force at Royal Assent see s. 154; s. 99 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
(1)For the purposes of [F19section 96 in its application] to England these are authorised bodies—
(a)the Learning and Skills Council for England;
(b)a [F20local authority] ;
(c)a body specified by order by the Secretary of State for the purposes of this section.
(2)For the purposes of [F19section 96 in its application] to Wales these are authorised bodies—
(a)the [F21National Assembly for Wales];
(b)a [F20local authority] ;
(c)a body specified by order by the National Assembly for Wales for the purposes of this section.
Textual Amendments
F19Words in s. 100 substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 46; S.I. 2010/303, art. 3, Sch. 2
F20Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
F21Words in s. 100(2) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 72 (with art. 7)
Commencement Information
I3S. 100 not in force at Royal Assent see s. 154; s. 100(1) wholly in force at 1.9.2001 by S.I. 2001/654, art. 2 Sch. Pt. III; s. 100(2) in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. II
(1)This section has effect for the purposes of [F22 section 96 in its application] to England, and it applies if the Secretary of State is satisfied that—
(a)a [F20local authority] or specified body has failed to comply with section 96(2)(a) or is proposing to do so, [F23 or]
(b)a [F20local authority] or governing body has failed to comply with section 96(3) or is proposing to do so, F24...
F24(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The Secretary of State may give such directions to the authority or body as he thinks fit.
(3)An authority or body must comply with any directions given to it under this section.
(4)A specified body is a body specified under section 100(1)(c).
Textual Amendments
F20Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
F22Words in s. 101(1) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 47(a); S.I. 2010/303, art. 3, Sch. 2
F23Word in s. 101(1) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 47(b); S.I. 2010/303, art. 3, Sch. 2
F24S. 101(1)(c) and preceding word "or" repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 47(c), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
(1)This section has effect for the purposes of [F25section 96 in its application] to Wales, and it applies if the National Assembly for Wales is satisfied that—
(a)a [F20local authority] or specified body has failed to comply with section 96(2)(a) or is proposing to do so, [F26or]
(b)a [F20local authority] or governing body has failed to comply with section 96(3) or is proposing to do so, F27...
F27(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The National Assembly may give such directions to the authority or body as it thinks fit.
(3)An authority or body must comply with any directions given to it under this section.
(4)A specified body is a body specified under section 100(2)(c).
Textual Amendments
F20Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
F25Words in s. 102(1) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 48(a); S.I. 2010/303, art. 3, Sch. 2
F26Word in s. 102(1) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 48(b); S.I. 2010/303, art. 3, Sch. 2
F27S. 102(1)(c) and preceding word "or" repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 48(c), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2
Commencement Information
I4S. 102 not in force at Royal Assent see s. 154; s. 102 in force for W. at 1.9.2001 by S.I. 2001/1274, art. 2, Sch. Pt. II
(1)The M1Education Act 1997 shall be amended as follows.
F28(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In section 30 (functions of Qualifications, Curriculum and Assessment Authority for Wales in relation to external qualifications)—
(a)in subsection (1) omit “or by subsection (3)”;
(b)in subsection (2) for “(g)” substitute “ (gg) ”;
(c)omit subsection (3).
(5)In section 37 (requirement for approval of certain courses leading to external qualifications) omit subsections (1) to (4) and in subsection (5) the words “, which are superseded by this section,”.
Textual Amendments
F28S. 103(2)(3) repealed (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1, S.I. 2010/2413, art. 2(a)
Commencement Information
I5S. 103 partly in force; s. 103 not in force at Royal Assent see s. 154; s. 103(1)(5) in force (E.) at 1.9.2001 by S.I. 2001/654, art. 2, Sch. Pt. III; s. 103(1)(2)(3) in force (W.) for specified purposes at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 103(4) in force (W.) at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 103(5) in force (W.) at 1.9.2001 by S.I. 2001/1274, art. 2 Sch. Pt. II; s. 103(2)(3) in force (E.) at 1.4.2002 in so far as not already in force by S.I. 2002/279, art. 2(2)(a)
Marginal Citations