Part V Miscellaneous and general

External qualifications F15 : England

Annotations:

I1C196 Persons under 19.

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 F10a 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 F11relevant qualification is approved under section 98 F16..., 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 F17 in England .

3

In relation to a maintained school, the F13local 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.

F125

F18In this section “a relevant qualification” means a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 applies.

8

These are maintained schools—

a

a community, foundation or voluntary school;

b

a community or foundation special school.

F89

In this section and sections 100 to F19101 “local authority” has the same meaning as “local authority in England in the Education Act 1996 (see section 579(1) of that Act).

F297 Persons over 19.

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98F20Approved qualifications

1

This section has effect for the purposes of F31section 96F21....

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.

F42A

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F32B

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.

F14

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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.

F147

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F148

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F2299 Approved qualifications: Wales.

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I2100 Authorised bodies.

1

For the purposes of F30section 96F23... these are authorised bodies—

a

the Learning and Skills Council for England;

b

a F7local authority ;

c

a body specified by order by the Secretary of State for the purposes of this section.

F242

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101F25Enforcement

1

This section has effect for the purposes of F29section 96F26..., and it applies if the Secretary of State is satisfied that—

a

a F7local authority or specified body has failed to comply with section 96(2)(a) or is proposing to do so, F5 or

b

a F7local authority or governing body has failed to comply with section 96(3) or is proposing to do so, F6...

F6c

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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).

F27102 Enforcement: Wales.

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I3103 Amendments relating to external qualifications.

1

The M1Education Act 1997 shall be amended as follows.

F92

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F93

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F284

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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,”.