Apprenticeships, Skills, Children and Learning Act 2009

Education Act 1997 (c. 44) E+W+N.I.

12 E+W+N.I. The Education Act 1997 is amended as follows.

Commencement Information

I1 Sch. 12 para. 12 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

13 E+W+N.I. Sections 21 to 26A (the Qualifications and Curriculum Authority) cease to have effect.

Commencement Information

I2 Sch. 12 para. 13 in force at 1.4.2010 for E. by S.I. 2010/1151, art. 2, Sch. 1

I3 Sch. 12 para. 13 in force at 1.11.2010 for W. by S.I. 2010/2413, art. 2(a) (with arts. 3-5)

14 E+W+N.I. In section 29 (functions of the Welsh Ministers in relation to curriculum and assessment) for subsection (5) substitute—

“(5) In this section—

• “assessment” includes examination and test;

• “funded nursery education” has the meaning given by section 98 of the Education Act 2002;

• “maintained school” means—

  (a)

  any community, foundation or voluntary school, and

  (b)

  any community or foundation special school.

(6) In the definition of “maintained school”, the reference to a community, foundation or voluntary school or to a community or foundation special school, is a reference to such a school within the meaning of the School Standards and Framework Act 1998.”

Commencement Information

I4 Sch. 12 para. 14 in force at 1.11.2010 by S.I. 2010/2413, art. 2(a) (with arts. 3-5)

15 (1) Section 30 (functions of the Welsh Ministers in relation to external vocational and academic qualifications) is amended as follows. E+W+N.I.

(2) For subsection (1) substitute—

“(1) This section applies for the purposes of the following functions—

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

(b) to provide support and advice to any person providing courses leading to relevant qualifications with a view to establishing and maintaining high standards in the provision of such courses;

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

(d) to develop and publish criteria for the recognition of any person who awards or authenticates a relevant qualification;

(e) to recognise in respect of the award or authentication of a specified relevant qualification or description of relevant qualification, any person who meets such criteria and applies to be so recognised;

(f) to determine that a specified relevant qualification or description of relevant qualification is to be subject to a requirement of accreditation;

(g) in respect of relevant qualifications which are subject to that requirement, to develop and publish criteria for the accreditation of particular forms of any such qualifications;

(h) where a relevant qualification is subject to that requirement, to accredit a particular form of the qualification which meets such criteria and is submitted for accreditation by a person recognised under paragraph (e) in respect of the qualification;

(i) to publish and disseminate, and assist in the publication and dissemination of, information relating to persons recognised under paragraph (e);

(j) 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 relevant qualifications and which fall within a prescribed description.”

(3) In subsection (1A)—

(a) for “(1)(d)” substitute “ (1)(g) ”;

(b) for “(e)” substitute “ (h) ”.

(4) For subsection (1B) substitute—

“(1B) The functions set out in subsection (1) are exercisable solely by the Welsh Ministers.”

(5) Omit subsections (1C), (1D) and (2).

(6) For subsection (5) substitute—

“(5) In this Chapter “relevant qualification” means an academic or vocational qualification awarded or authenticated in Wales other than an excluded qualification.

(5A) An excluded qualification is any of the following—

(a) a foundation degree;

(b) a first degree;

(c) a degree at a higher level.

(5B) For the purposes of subsection (5) a qualification is awarded or authenticated in Wales if there are, or may reasonably be expected to be, persons seeking to obtain the qualification who are, will be or may reasonably be expected to be assessed for those purposes wholly or mainly in Wales.

(5C) In this section and sections 32 to 32C 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 person either alone or jointly with others.”

(7) Omit subsection (6).

(8) In the title, for “external vocational and academic” substitute “ relevant ”.

Commencement Information

I5 Sch. 12 para. 15 in force at 1.11.2010 by S.I. 2010/2413, art. 2(a) (with arts. 3-5)

16 (1) Section 32 (supplementary provisions relating to discharge by the Welsh Ministers of their functions) is amended as follows. E+W+N.I.

(2) In subsection (1)(c)—

(a) in sub-paragraph (ii) before “requirements” insert “ reasonable ”;

(b) for sub-paragraph (iii) substitute—

“(iii) the reasonable requirements of persons with learning difficulties.”

(3) In subsection (4) for paragraph (a) (but not the “and” after it) substitute—

“(a) limiting the amount of a fee that can be charged for the award or authentication of, or for the provision of any other service in relation to, the qualification in question;”.

(4) Omit subsection (4A).

(5) For subsection (6) substitute—

“(6) In this section “persons with learning difficulties” means—

(a) children with special educational needs (as defined in section 312 of the Education Act 1996), and

(b) other persons who—

(i) have a significantly greater difficulty in learning than the majority of persons of their age, or

(ii) have a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for persons of their age.

(7) But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.”

Commencement Information

I6 Sch. 12 para. 16 in force at 1.11.2010 by S.I. 2010/2413, art. 2(a) (with arts. 3-5)

17 E+W+N.I. After section 32 insert—

“32ZA Qualifications functions of Welsh Ministers: co-operation and joint working etc.

(1) The Welsh Ministers may co-operate or work jointly with a relevant authority where it is appropriate to do so in connection with the carrying out of any of their qualifications functions.

(2) The Welsh Ministers may provide information to a relevant authority for the purpose of enabling or facilitating the carrying out of a relevant function of the authority.

(3) Subject to subsection (4), the Welsh Ministers and any other relevant authority may establish a committee jointly, and any committee so established may establish sub-committees.

(4) The Welsh Ministers may only exercise the power in subsection (3) if they consider it appropriate to do so for the purpose of the carrying out of any of their qualifications functions.

(5) In this section a committee established under subsection (3) is referred to as a “joint committee” and a sub-committee established under that subsection is referred to as a “joint sub-committee”.

(6) A joint committee and a joint sub-committee must include at least one member of staff of the Welsh Assembly Government.

(7) A joint committee may regulate—

(a) its own procedure (including quorum), and

(b) the procedure (including quorum) of any sub-committee established by it.

(8) The validity of proceedings of a joint committee or a joint sub-committee is not affected by—

(a) a vacancy, or

(b) a defective appointment.

(9) The Welsh Ministers may delegate any of their qualifications functions to a joint committee to the extent and on the terms that they determine.

(10) A joint committee may delegate any of its functions to a sub-committee established by it to the extent and on the terms that the joint committee determines.

(11) The powers of a joint committee under subsection (10) are subject to the power of the Welsh Ministers and any other person with whom they established the joint committee to direct (acting jointly) what the committee may and may not do.

(12) Nothing in subsection (2)—

(a) affects any power to disclose information that exists apart from that subsection, or

(b) authorises the disclosure of information in contravention of any provision made by or under any Act which prevents disclosure of the information.

(13) In this section—

• “qualifications functions” means functions in connection with relevant qualifications;

• “relevant authority” means any person who carries out a function (whether or not in the United Kingdom) which is similar to any of the qualifications functions of the Welsh Ministers;

• “relevant function” means a function which is similar to any of the qualifications functions of the Welsh Ministers.”

Commencement Information

I7 Sch. 12 para. 17 in force at 1.11.2010 by S.I. 2010/2413, art. 2(a) (with arts. 3-5)

18 (1) Section 32A (power of the Welsh Ministers to give directions) is amended as follows. E+W+N.I.

(2) In subsection (1)(b)(i) for “any qualification accredited by them or by the Qualifications and Curriculum Authority” substitute “ any qualification in respect of which that person is recognised by them or by the Office of Qualifications and Examinations Regulation ”.

(3) In subsection (5) after “this section” insert “ and sections 32B and 32C ”.

(4) Omit subsection (6).

Commencement Information

I8 Sch. 12 para. 18 in force at 1.11.2010 by S.I. 2010/2413, art. 2(a) (with arts. 3-5)

19 E+W+N.I. After section 32A insert—

“32B Power of Welsh Ministers to withdraw recognition

(1) Subsection (2) applies if a recognised person has failed to comply with any condition subject to which the recognition has effect.

(2) The Welsh Ministers may withdraw recognition from the recognised person in respect of the award or authentication of a specified qualification or a specified description of qualification if it appears to them that the failure mentioned in subsection (1) prejudices or would be likely to prejudice—

(a) the proper award or authentication by the person of the qualification or a qualification of the description in question, or

(b) persons who might reasonably be expected to seek to obtain the qualification or a qualification of the description in question awarded or authenticated by the person.

(3) Subsection (4) applies if a recognised person who awards or authenticates a qualification accredited by the Welsh Ministers has failed to comply with any condition subject to which the accreditation has effect.

(4) The Welsh Ministers may withdraw recognition from the recognised person in respect of the qualification if it appears to them that the failure mentioned in subsection (3) prejudices or would be likely to prejudice—

(a) the proper award or authentication by the person of the qualification, or

(b) persons who might reasonably be expected to seek to obtain the qualification.

(5) Before withdrawing recognition from a recognised person in any respect the Welsh Ministers must give notice to the person of their intention to do so.

(6) The notice must—

(a) set out the Welsh Ministers' reasons for proposing to withdraw recognition from the recognised person in the respect in question, and

(b) specify the period during which, and the way in which, the recognised person may make representations about the proposal.

(7) The Welsh Ministers must have regard to any representations made by the recognised person during the period specified in the notice in deciding whether to withdraw recognition from the person in the respect in question.

(8) If the Welsh Ministers decide to withdraw recognition from a recognised person they must give notice to the person of their decision and of the date on which the withdrawal is to take effect.

(9) At any time before a withdrawal takes effect the Welsh Ministers may vary the date on which it is to take effect by giving further notice to the recognised person.

(10) The Welsh Ministers must establish arrangements for the review, at the request of a recognised person, of a decision to withdraw recognition under this section.

(11) The arrangements established under subsection (10) may require or permit the decision on review to be made by a person other than the Welsh Ministers.”

“32C Surrender of recognition

(1) A recognised person may give notice to the Welsh Ministers that the person 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) the Welsh Ministers must give notice to the recognised person of the date on which the person is to cease to be recognised in the respect in question (“the surrender date”).

(3) At any time before the surrender date the Welsh Ministers may vary that date by giving further notice to the recognised person.

(4) In deciding or varying the surrender date the Welsh Ministers 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).”

Commencement Information

I9 Sch. 12 para. 19 in force at 1.11.2010 by S.I. 2010/2413, art. 2(a) (with arts. 3-5)

F1 20 E+W+N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 12 para. 20 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 26; S.I. 2012/924, art. 2

21 E+W+N.I. Section 36 (levy on bodies awarding qualifications accredited by relevant body) ceases to have effect.

Commencement Information

I10 Sch. 12 para. 21 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

22 E+W+N.I. In section 54(1) (orders and regulations) omit “, except an order under section 25 or 31,”.

Commencement Information

I11 Sch. 12 para. 22 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

23 E+W+N.I. In section 58(6) (short title, commencement and extent etc)—

(a) omit the entries for—

(i) sections 21 and 22,

(ii) section 24(4), (6) and (7),

(iii) sections 26 and 26A, and

(iv) Schedule 4;

(b) for “34 to 36” substitute “ 35 ”.

Commencement Information

I12 Sch. 12 para. 23 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

24 E+W+N.I. Schedule 4 (the Qualifications and Curriculum Authority) ceases to have effect.

Commencement Information

I13 Sch. 12 para. 24 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

25 E+W+N.I. In Schedule 7 (minor and consequential amendments) omit paragraph 2.

Commencement Information

I14 Sch. 12 para. 25 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1