Office of Public Sector Information
PART 5 continued CHAPTER 2 continued
(9) In subsection (4)(b)(i), for the words from “maintained” to “receiving the accreditation” substitute “maintained 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”.
(10) Section 26A (power of QCA to give directions) is amended as follows.
(11) For subsection (1) substitute—
“(1) If it appears to the Qualifications and Curriculum Authority—
(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 accredited qualification, or
(ii) prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain any accredited qualification awarded or authenticated by that person,
the Authority 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.
(1A) If it appears to the Authority—
(a) that any person who awards or authenticates any accredited qualification 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 Authority may direct the person mentioned in paragraph (a) to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.”
(12) In subsection (2), for “the awarding body” substitute “the recognised person or (as the case may be) the person mentioned in subsection (1A)(a)”.
(13) After subsection (3) insert—
“(4) In this section—
“accredited qualification” means a qualification accredited by the Authority, and
“recognised person” means a person recognised by the Authority.
(5) 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.”
(1) The Education Act 1997 (c. 44) is amended as follows.
(2) Section 30 (functions in Wales in relation to external vocational and academic qualifications) is amended as follows.
(3) In subsection (1)—
(a) the existing paragraphs (i) to (vi) are re-numbered as paragraphs (a) to (f);
(b) for paragraph (d) (as re-numbered) substitute—
“(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);”;
(c) after paragraph (e) (as re-numbered) insert—
“(ea) to develop and publish rules and procedures for dealing with the effect on the continued accreditation of such qualifications where any person awarding or authenticating them ceases to be recognised;”.
(4) For subsections (1B) and (1C) substitute—
“(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).”
(5) After subsection (5) insert—
“(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.”
(6) Section 32 (supplementary provisions relating to discharge by Welsh Ministers of their functions) is amended as follows.
(7) In subsection (3), before “accredits” insert “recognises any person or”.
(8) In subsection (3A)—
(a) before “accredits” insert “recognises any person or”;
(b) after “at the time of” insert “recognition or of”;
(c) after “conditions on” insert “recognition or”;
(d) after “continued” insert “recognition or”.
(9) In subsection (4)(b)(i), for the words from “maintained” to “receiving the accreditation” substitute “maintained 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”.
(10) For section 32A substitute—
(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.”
(1) In section 24 of the Education Act 1997 (c. 44) (functions of QCA in relation to external vocational and academic qualifications), in subsection (4), for “National Vocational Qualifications” substitute “external qualifications which are vocational qualifications”.
(2) In section 58 of that Act (extent etc.), in subsection (6), for “section 24(4)” substitute “section 24(4), (6) and (7)”.
In section 18B(7) of the Education Act 1994 (c. 30) (period of notice to be given of inspections of teacher training), after “subsection (1)” insert “of training provided by a training provider in Wales”.
(1) Section 47A of the School Standards and Framework Act 1998 (c. 31) (schools forums) is amended as follows.
(2) For subsection (1) substitute—
“(1) Every local education authority must, in accordance with regulations, establish for their area a body to be known as a schools forum.”
(3) After subsection (4) insert—
“(4A) Regulations must provide for a schools forum to include—
(a) members representing governing bodies of schools maintained by the relevant authority, and
(b) members representing head teachers of such schools.
(4B) Regulations may provide for a schools forum to include—
(a) members representing such other persons—
(i) as may be prescribed, or
(ii) as the relevant authority may from time to time, in accordance with regulations, determine, and
(b) other members,
and may make further provision as to the constitution of a schools forum.”
(4) In subsection (5), omit “the constitution”.
(1) The following are to be made by statutory instrument—
(a) orders and regulations made by the Secretary of State or Lord Chancellor under this Act;
(b) orders made by the Welsh Ministers under section 173.
(2) A statutory instrument containing—
(a) an order under section 3(5),
(b) regulations under section 5(1)(b),
(c) regulations under section 22(2) or 28(3), other than regulations for the purpose only of making provision within subsection (4),
(d) an order under section 56(9) or 58(3),
(e) regulations under section 61,
(f) an order under section 67,
(g) regulations under section 132(1), or
(h) regulations under section 170 which amend or repeal any provision of an Act,
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(3) A statutory instrument containing any other order or regulations under this Act, other than an order under section 173, is subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Provision contained in regulations under section 22(2) or 31(3) falls within this subsection if it substitutes, for an amount for the time being specified in such regulations, a smaller amount.
(5) Before a draft of an instrument containing an order under section 67 is laid before either House of Parliament, the Secretary of State must consult the Welsh Ministers.
(6) Any power of the Secretary of State or Lord Chancellor to make an order or regulations under this Act includes power—
(a) to make different provision for different cases, circumstances or areas,
(b) to make provision generally or in relation to specific cases, and
(c) to make such incidental, supplementary, transitional, transitory or saving provision as the Secretary of State or Lord Chancellor thinks fit.
(1) Any function conferred on the Secretary of State by section 150, 152 or 165, so far as exercisable in relation to Wales, is to be taken to be transferred, immediately after that section comes into force in relation to Wales, to the Welsh Ministers by an Order in Council under section 58 of the Government of Wales Act 2006 (c. 32).
(2) Nothing in Schedule 1 or 2, so far as relating to the substitution of references to the Welsh Ministers for references to the Secretary of State in sections 89 to 90 of the School Standards and Framework Act 1998 (c. 31), is to be taken to affect the application of those sections, or anything done under or for the purposes of those sections, in relation to Wales.
(1) In this Act, unless the context otherwise requires—
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State under this Act.
(2) Subject to subsections (4) and (5), the Education Act 1996 (c. 56) and the provisions of this Act specified in subsection (3) are to be construed as if those provisions were contained in that Act.
(3) The provisions of this Act referred to in subsection (2) are—
(a) Part 1 (other than section 9 and sections 37 to 39);
(b) Chapter 1 of Part 4;
(c) section 148;
(d) section 173(10).
(4) Where an expression is given for the purposes of any provision falling within subsection (3) a meaning different from that given to it for the purposes of the Education Act 1996, the meaning given for the purposes of that provision is to apply instead of the one given for the purposes of that Act.
(5) Sections 561 and 562 of the Education Act 1996 (Act not to apply to persons in service of the Crown or persons detained under order of a court) do not apply for the purposes of Part 1.
(6) Unless the context otherwise requires, any reference in this Act to a community, foundation or voluntary school or a community or foundation special school is to such a school within the meaning of the School Standards and Framework Act 1998 (c. 31).
(1) Schedule 1 has effect to make minor and consequential amendments.
(2) The provisions mentioned in Schedule 2 are repealed or revoked to the extent specified.
(1) The Secretary of State may by regulations make—
(a) such supplementary, incidental or consequential provision, or
(b) such transitory, transitional or saving provision,
as the Secretary of State considers necessary or expedient for the purposes of, in consequence of or for giving full effect to, any provision of this Act.
(2) Regulations under this section may in particular—
(a) provide for any provision of this Act which comes into force before another provision (of this or any other Act or in subordinate legislation) has come into force to have effect, until that other provision has come into force, with specified modifications;
(b) amend, repeal or revoke any provision of—
(i) an Act passed before or in the same Session as this Act, or
(ii) subordinate legislation made before the passing of this Act.
(3) Nothing in this section limits the powers conferred by section 166(6)(c) or 173(8)(c).
(4) The amendments that may be made by virtue of subsection (2)(b) are in addition to those that are made by any other provision of this Act.
(5) In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
(1) There are to be paid out of money provided by Parliament—
(a) any expenditure incurred by the Secretary of State or the Office for Standards in Education, Children’s Services and Skills by virtue of this Act, and
(b) any increase attributable to this Act in the sums which by virtue of any other Act are payable out of money provided by Parliament.
(2) Any sums received by the Secretary of State or Her Majesty’s Chief Inspector of Education, Children’s Services and Skills by virtue of this Act are to be paid into the Consolidated Fund.
(1) Subject as follows, this Act extends to England and Wales only.
(2) Sections 87 to 91 extend to England and Wales and Scotland.
(3) The following provisions extend to England and Wales, Scotland and Northern Ireland—
(a) section 166;
(b) section 170;
(c) this section;
(d) sections 173 and 174.
(4) Any amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates.
(1) The following provisions of this Act come into force on the day on which it is passed—
(a) section 80;
(b) section 156;
(c) sections 166 to 168;
(d) sections 170 to 172;
(e) this section;
(f) section 174;
(g) paragraphs 75 to 77 and 86 to 88 of Schedule 1 (and section 169 so far as relating to those paragraphs);
(h) the repeal in Schedule 2 relating to section 140 of the Learning and Skills Act 2000 (c. 21) (and section 169 so far as relating to that repeal).
(2) The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed—
(a) section 149;
(b) section 151(1) and (4), so far as relating to sections 88P and 88Q of the School Standards and Framework Act 1998 (c. 31);
(c) section 164.
(3) The following provisions, so far as they apply in relation to Wales, come into force in accordance with provision made by the Welsh Ministers by order—
(a) sections 150, 152 and 153;
(b) sections 157 and 158(b) and (c);
(c) sections 160 and 162;
(d) section 165;
(e) the following paragraphs of Schedule 1—
(i) paragraphs 54, 55, 59(7), 66 and 67, and, so far as relating to those paragraphs, paragraph 53, and
(ii) paragraph 79,
(and section 169 so far as relating to those provisions);
(f) the repeals and revocations in Schedule 2 so far as relating to—
(i) sections 86 and 94 of the School Standards and Framework Act 1998,
(ii) section 99(4) of the Learning and Skills Act 2000,
(iii) section 176 of and Schedules 4 and 17 to the Education Act 2002 (c. 32),
(iv) paragraphs 19 and 20 of Schedule 1 to the Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239),
(and section 169 so far as relating to those repeals and revocations).
(4) Subject to subsections (1) to (3), the provisions of this Act come into force in accordance with provision made by the Secretary of State by order.
(5) Before making an order under subsection (4) containing provision for the coming into force of section 67, the Secretary of State must consult the Welsh Ministers.
(6) Before making an order under subsection (4) containing provision for the coming into force of sections 87 to 91, the Secretary of State must consult the Scottish Ministers and the Welsh Ministers.
(7) Before making an order under subsection (4) containing provision for the coming into force of section 161(4) or 163, the Secretary of State must consult the Department for Employment and Learning in Northern Ireland.
(8) An order under this section may—
(a) make provision generally or for specified purposes only;
(b) make different provision for different purposes and in relation to different areas; and
(c) contain such transitory and transitional provisions and savings as the person making the order thinks fit.
(9) An order under subsection (4) may provide for Part 1 to come into force with the substitution in sections 1(b) and 29(1)(b) of “the first anniversary of the date on which the person ceased to be of compulsory school age” for “the age of 18”.
(10) The Secretary of State must—
(a) exercise the powers conferred by subsections (4) and (9) so as to secure that Part 1 is in force with those substitutions no later than the day after the day which is the school leaving date for 2013, and
(b) exercise the power conferred by subsection (4) so as to secure that Part 1 is in force without those substitutions no later than the day after the day which is the school leaving date for 2015,
subject, in each case, to any provision made by virtue of subsection (8).
(1) This Act may be cited as the Education and Skills Act 2008.
(2) This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56).
Education and Skills Act 2008