Part V Supervision of curriculum for schools and external qualifications
Chapter I The Qualifications and Curriculum Authority
Establishment of the Authority
F67C321 The Qualifications and Curriculum Authority.
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Functions of the Authority
F6722 General function of Authority to advance education and training.
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F6723 Functions of the Authority in relation to curriculum and assessment.
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F6724 Functions of the Authority in relation to external vocational and academic qualifications.
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F6725 Other functions of the Authority.
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F6726 Supplementary provisions relating to discharge by Authority of their functions.
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F6726AF1 Power of Authority to give directions
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Chapter IIF17Functions of the National Assembly for Wales
F23...
S. 27 crossheading 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. 9 (with art. 7)
F2427 The Qualifications, Curriculum and Assessment Authority for Wales.
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Functions of the F18National Assembly for Wales
Words in s. 28 cross-heading substituted (1.4.2006) by 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. 10 (with art. 7)
28 General function of F19National Assembly for Wales to advance education and training.
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2
C129 Functions of the F20National Assembly for Wales in relation to curriculum and assessment.
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F25The National Assembly for Wales shall have the functions set out in subsection (2) F2 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 F3maintained schools or maintained nursery schools and all aspects of school examinations and assessment;
F26b
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F27c
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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
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F52A
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 F6under 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 23F7; and “funded nursery education” has the meaning given by section 98 of the Education Act 2002;
30 Functions of the F21National Assembly for Wales in relation to external vocational and academic qualifications.
C2F331
This section applies for the purposes of the following functions with respect to external qualifications in relation to Wales—
F57a
to keep under review all aspects of such qualifications;
F57b
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;
F57c
to publish and disseminate, and assist in the publication and dissemination of, information relating to such qualifications;
F58ca
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);
F57e
to accredit, where they meet such criteria, any such qualifications submitted for accreditation;
F66ea
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;
F57f
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.
F341A
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.
F561B
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).
F352
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.
F83
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.
F364
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In this section “external qualification” has the same meaning as in section 24.
F556
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.
F3731 Other functions of the Authority.
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32 Supplementary provisions relating to discharge by F22the National Assembly for Wales of its functions .
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F42a
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F43b
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c
so far as relevant, have regard to—
i
the requirements of F13section 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.
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In carrying out those functions F44the National Assembly for Wales shall in addition have regard to information supplied F45to it by F9Her 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.
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F113A
Where in carrying out those functions F49the National Assembly for Wales F60recognises any person or accredits any qualification, F50it may, at the time of F61recognition or of accreditation or later, impose such conditions on F62recognition or accreditation or continued F63recognition or accreditation as F50it may determine.
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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
F534A
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.
F545
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6
In this section “persons with special learning needs” has the same meaning as in section 26.
32AF65 Power of Welsh Ministers to give directions
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 III Provisions supplementary to Chapters I and II
Dissolution of existing bodies
F1433 Dissolution of existing bodies.
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Transfer of property and staff
F1534 Transfer of property.
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35 Transfer of staff.
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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 F38... by order of the Secretary of State;
and in this section “the relevant Authority” means, in relation to any such person, F39the Qualifications and Curriculum AuthorityF68, known instead as the Qualifications and Curriculum Development Agency from the day on which section 175 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.
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 qualifications
F6936 Levy on bodies awarding qualifications accredited by relevant body.
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Chapter IV Control of certain courses leading to external qualifications
F1637 Requirement for approval of certain publicly-funded and school courses leading to external qualifications.
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Pt. V Ch. II heading substituted (1.4.2006) by 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. 8 (with art. 7)