Education Act 1997

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

Chapter IE+W+N.I. The Qualifications and Curriculum Authority

Establishment of the AuthorityE+W+N.I.

21 The Qualifications and Curriculum Authority.E+W+N.I.

(1)There shall be a body corporate known as the Qualifications and Curriculum Authority.

(2)The Authority shall consist of not less than 8 nor more than 13 members appointed by the Secretary of State.

(3)Of the members of the Authority, the Secretary of State—

(a)shall appoint one as chairman, and

(b)may appoint another as deputy chairman.

(4)The Secretary of State shall include among the members of the Authority—

(a)persons who appear to him to have experience of, and to have shown capacity in, the provision of education, or to have held, and to have shown capacity in, any position carrying responsibility for the provision of education;

(b)persons who appear to him to have experience of, and to have shown capacity in, the provision of training or to have held, and to have shown capacity in, any position carrying responsibility for the provision of training; and

(c)persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession.

(5)Schedule 4 has effect in relation to the Authority.

Functions of the AuthorityE+W+N.I.

22 General function of Authority to advance education and training.E+W+N.I.

(1)The functions conferred on the Qualifications and Curriculum Authority by this Part shall be exercised by the Authority for the purpose of advancing education and training in England and (so far as such functions are exercisable there) in Wales and in Northern Ireland.

(2)The Authority shall exercise their functions under this Part with a view to promoting quality and coherence in education and training in relation to which they have functions under this Part.

23 Functions of the Authority in relation to curriculum and assessment.E+W

(1)The Qualifications and Curriculum Authority shall have the functions set out in subsection (2) [F1 with respect to—

(a)pupils at maintained schools in England who have not ceased to be of compulsory school age,

(b)pupils at maintained nursery schools in England, F2...

F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)The functions are—

(a)to keep under review all aspects of the curriculum for [F3maintained schools or maintained nursery schools] and all aspects of school examinations and assessment;

(b)to advise the Secretary of State on such matters concerned with the curriculum for such schools or with school examinations and assessment as he may refer to them or as they may see fit;

(c)to advise the Secretary of State on, and if so requested by him assist him to carry out, programmes of research and development for purposes connected with the curriculum for such schools or with school examinations and assessment;

(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; F4. . .

(f)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(2ZA)If the Secretary of State so provides by order, the Qualifications and Curriculum Authority shall also have—

(a)such additional functions as may be specified in the order with respect to pupils falling within subsection (1)(a) or (b) who are young children, and

(b)such functions as may be specified in the order with respect to children not falling within subsection (1)(a) or (b) for whom early years provision is provided in England by early years providers to whom section 40 of the Childcare Act 2006 (duty to implement Early Years Foundation Stage) applies.

(2ZB)Before making an order under subsection (2ZA), the Secretary of State shall consult the Qualifications and Curriculum Authority.]

F6(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In this section—

• “assessment” includes examination and test;

• [F8“early years provider” and “early years provision” have the same meaning as in Part 3 of the Childcare Act 2006;]

• “maintained school” means—

  (a)

  [F9any community, foundation or voluntary school, and

  (b)

  any community or foundation special school.]

• [F10“young children” has the same meaning as in Part 3 of the Childcare Act 2006.]

24 Functions of the Authority in relation to external vocational and academic qualifications.E+W+N.I.

(1)The Qualifications and Curriculum Authority shall have, in relation to England, the functions set out in subsection (2) with respect to external qualifications.

(2)The functions are—

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

(b)to advise the Secretary of State on such matters concerned with such qualifications as he may refer to them or as they may see fit;

(c)to advise the Secretary of State on, and if so requested by him assist him to carry out, programmes of research and development for purposes connected with such qualifications;

(d)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;

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

[F11(ea)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;

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

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

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

[F12(gg)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.]

[F13(2A)In paragraph (f) of subsection (2) “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 (g) of that subsection is to be construed accordingly.]

F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The functions set out in subsection (2)(a) to (g) shall also be exercisable by the Qualifications and Curriculum Authority in relation to Northern Ireland but only with respect to National Vocational Qualifications.

(5)Subsection (2)(a) to (e) do not apply to qualifications awarded or authenticated by institutions within the higher education sector other than those which have been submitted for accreditation under subsection (2)(g).

(6)In this section “external qualification” means—

(a)any academic or vocational qualification authenticated or awarded by an outside person, except an academic qualification at first degree level or any comparable or higher level; or

(b)(whether within paragraph (a) or not) any National Vocational Qualification.

(7)For the purposes of this section—

(a)a qualification [F15or a credit in respect of a component of a qualification] is awarded by an outside person if the course of education or training leading to the qualification [F15or component] is provided by an institution or an employer and it is awarded by a person other than the institution or employer or a member of its or his staff; and

(b)a qualification [F16or a credit in respect of a component of a qualification] is authenticated by an outside person if it is awarded by an institution or employer and is authenticated by a person other than the institution or employer or a member of its or his staff.

25 Other functions of the Authority.E+W

(1)The Qualifications and Curriculum Authority shall advise the Secretary of State on such matters connected with the provision of education or training in England as the Secretary of State may specify by order.

(2)The Authority shall carry out such ancillary activities as the Secretary of State may direct.

(3)For the purposes of subsection (2) activities are ancillary activities in relation to the Authority if the Secretary of State considers it is appropriate for the Authority to carry out those activities for the purposes of or in connection with the carrying out by the Authority of any of their other functions under this Part.

(4)The Authority shall supply the Secretary of State with such reports and other information with respect to the carrying out of their functions as the Secretary of State may require.

[F17(5)The Authority may supply any person designated by the Secretary of State with such information as the Authority thinks fit about any matter in relation to which it has a function.]

26 Supplementary provisions relating to discharge by Authority of their functions.E+W+N.I.

(1)In carrying out their functions under this Part the Qualifications and Curriculum Authority shall—

(a)comply with any directions given by the Secretary of State; and

(b)act in accordance with any plans approved by him; and

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

(i)the requirements of [F18section 78 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 the Authority shall in addition have regard to information supplied to them by [F19Her Majesty's Chief Inspector of Education, Children's Services and Skills] or by any body designated by the Secretary of State for the purposes of this section.

(3)Where in carrying out any of their functions under this Part the Authority [F20recognise any person or] accredit F21... any qualification, they may do so on such terms (including terms as to payment) F21... as they may determine.

[F22(3A)Where in carrying out those functions the Authority [F23recognise any person or] accredit any qualification, they may, at the time of [F24recognition or of] accreditation or later, impose such conditions on [F25recognition or] accreditation or continued [F26recognition or] accreditation as they 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

[F27(b)requiring rights of entry to premises and to inspect and copy documents so far as necessary for the Authority—

(i)to satisfy themselves that the appropriate standards are being [F28maintained 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.]

(5)Before exercising on any occasion their power to impose conditions falling within subsection (4)(a) the Authority shall obtain the consent of the Secretary of State as to such matters relating to the exercise of that power as he may determine.

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

(a)children with special educational needs (as defined in section 312 of the M1Education Act 1996); or

(b)persons (other than children as so defined) 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.

[F2926A Power of Authority to give directionsE+W+N.I.

(1)If it appears to the Qualifications and Curriculum Authority—

(a)that any person (in this section referred to as “the awarding body”) who, either alone or jointly with others, awards or authenticates any qualification accredited by the Authority 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 awarding body to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.

(2)It shall be the duty of the awarding body to comply with any direction under this section.

(3)Any direction under this section is enforceable, on the application of the Qualifications and Curriculum Authority—

(a)in England and Wales, by a mandatory order, or

(b)in Northern Ireland, by an order of mandamus.]

Chapter IIU.K. [F30Functions of the National Assembly for Wales]

F31...E+W

F3227 The Qualifications, Curriculum and Assessment Authority for Wales.E+W

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Functions of the [F33National Assembly for Wales] E+W

28 General function of [F34National Assembly for Wales] to advance education and training.E+W

(1)The functions conferred on the [F35National Assembly for Wales] by this Part shall be exercised by [F36the National Assembly for Wales] for the purpose of advancing education and training in Wales.

(2)[F37The National Assembly for Wales] shall exercise [F38its functions] under this Part with a view to promoting quality and coherence in education and training in relation to which [F39it has] functions under this Part.

29 Functions of the [F40National Assembly for Wales] in relation to curriculum and assessment.E+W

(1)[F41The National Assembly for Wales] shall have the functions set out in subsection (2) [F42 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 [F43maintained schools or maintained nursery schools] and all aspects of school examinations and assessment;

F44(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(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; F46. . .

(f)F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F47(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 [F48under 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[F49; and “funded nursery education” has the meaning given by section 98 of the Education Act 2002;]

30 Functions of the [F50National Assembly for Wales] in relation to external vocational and academic qualifications.E+W

[F51(1)This section applies for the purposes of the following functions with respect to external qualifications in relation to Wales—

F52(a)to keep under review all aspects of such qualifications;

F52(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;

F52(c)to publish and disseminate, and assist in the publication and dissemination of, information relating to such qualifications;

[F53(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);]

F52(e)to accredit, where they meet such criteria, any such qualifications submitted for accreditation;

[F54(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;]

F52(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.]

[F55(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.]

[F56(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).]

[F57(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.]

[F58(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.]

F59(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F60(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.]

F6131 Other functions of the Authority.E+W

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32 Supplementary provisions relating to discharge by [F62the National Assembly for Wales of its functions] .E+W

(1)In carrying out [F63its functions] under this Part [F64the National Assembly for Wales] shall—

F65(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(i)the requirements of [F67section 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 [F68the National Assembly for Wales] shall in addition have regard to information supplied [F69to it] by [F70Her 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 [F71its functions] under this Part [F72the Assembly [F73recognises any person or] accredits] F74... any qualification, [F75it may] do so on such terms (including terms as to payment) F74... as [F75it may] determine.

[F76(3A)Where in carrying out those functions [F77the National Assembly for Wales [F78recognises any person or] accredits] any qualification, [F79it may], at the time of [F80recognition or of] accreditation or later, impose such conditions on [F81recognition or] accreditation or continued [F82recognition or] accreditation as [F79it 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

[F83(b)requiring rights of entry to premises and to inspect and copy documents so far as necessary for [F84the National Assembly for Wales] —

(i)to satisfy [F85itself] that the appropriate standards are being [F86maintained 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.]

[F87(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.]

F88(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F8932A 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.]

Chapter IIIE+W+N.I. Provisions supplementary to Chapters I and II

Dissolution of existing bodiesE+W

F9033 Dissolution of existing bodies.E+W

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Transfer of property and staffE+W+N.I.

F9134 Transfer of property.E+W+N.I.

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35 Transfer of staff.E+W+N.I.

(1)This section applies to any person who—

(a)is employed by the National Council for Vocational Qualifications (“the NCVQ”) or the School Curriculum and Assessment Authority (“the SCAA”) immediately before section 21 comes into force, and

(b)is designated as respects the Qualifications and Curriculum Authority F92... by order of the Secretary of State;

and in this section “the relevant Authority” means, in relation to any such person, [F93the Qualifications and Curriculum Authority].

(2)A contract of employment between a person to whom this section applies and the NCVQ or the SCAA shall have effect, from the day on which the order under subsection (1)(b) comes into force, as if originally made between him and the relevant Authority.

(3)Without prejudice to subsection (2)—

(a)all the rights, powers, duties and liabilities of the NCVQ or the SCAA under or in connection with a contract to which that subsection applies shall by virtue of that subsection be transferred to the relevant Authority on the day on which the order under subsection (1)(b) comes into force, and

(b)anything done before that day by or in relation to the NCVQ or the SCAA in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the relevant Authority.

(4)Subsections (2) and (3) are without prejudice to any right of an employee to terminate his contract of employment if his working conditions are changed substantially to his detriment; but such a change shall not be taken to have occurred by reason only of the change in employer effected by subsection (2).

(5)In subsection (4) the reference to an employee’s working conditions includes a reference to any rights (whether accrued or contingent) under any pension or superannuation scheme of which he was a member by virtue of his employment with the NCVQ or the SCAA (as the case may be).

(6)An order under subsection (1)(b) may designate a person either individually or as falling within a class or description of employee.

(7)No order under subsection (1)(b) may be made after the end of the period of six months beginning with the day on which section 21 comes into force.

(8)Any order under subsection (1)(b) made before the day on which section 21 comes into force shall come into force on that day.

(9)The Secretary of State may by order provide that there shall be substituted for the period mentioned in subsection (7) such shorter period as he may specify in the order, being a period ending no earlier than the day on which the order comes into force.

Levy on bodies awarding accredited qualificationsE+W+N.I.

36 Levy on bodies awarding qualifications accredited by relevant [F94body] .E+W+N.I.

(1)The Secretary of State may by regulations provide for a levy to be payable to the relevant [F95body] by persons who award vocational qualifications accredited by that [F95body] .

(2)Regulations under this section shall—

(a)specify the rate of the levy or the method by which it is to be calculated (and, without prejudice to the generality of section 54(3), may make different provision in relation to different cases);

(b)make provision as to the times when, and the manner in which, payments are to be made in respect of the levy;

(c)provide for the relevant [F96body] to withdraw their accreditation of a qualification in cases of non-payment of the levy.

(3)Any sums received by [F97the relevant body] in respect of the levy shall be applied by them in giving such financial assistance to other bodies as the Secretary of State may specify with a view to assisting [F98that relevant body] to secure the development and improvement of standards in relation to vocational qualifications.

(4)In this section “the [F99relevant body] ” means—

(a)the Qualifications and Curriculum Authority in the case of a qualification accredited by that Authority; and

(b)[F100the National Assembly for Wales] in the case of a qualification accredited by [F101the Assembly] .

Chapter IVU.K. Control of certain courses leading to external qualifications

F10237 Requirement for approval of certain publicly-funded and school courses leading to external qualifications.E+W

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