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.

F121 The Qualifications and Curriculum Authority.E+W+N.I.

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Functions of the AuthorityE+W+N.I.

F122 General function of Authority to advance education and training.E+W+N.I.

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F123 Functions of the Authority in relation to curriculum and assessment.E+W

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F124 Functions of the Authority in relation to external vocational and academic qualifications.E+W+N.I.

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F125 Other functions of the Authority.E+W

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F126 Supplementary provisions relating to discharge by Authority of their functions.E+W+N.I.

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F126A Power of Authority to give directionsE+W+N.I.

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Chapter IIU.K. [F2Functions of the National Assembly for Wales]

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F427 The Qualifications, Curriculum and Assessment Authority for Wales.E+W

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Functions of the [F5National Assembly for Wales] E+W

28 General function of [F6National Assembly for Wales] to advance education and training.E+W

(1)The functions conferred on the [F7National Assembly for Wales] by this Part shall be exercised by [F8the National Assembly for Wales] for the purpose of advancing education and training in Wales.

(2)[F9The National Assembly for Wales] shall exercise [F10its functions] under this Part with a view to promoting quality and coherence in education and training in relation to which [F11it has] functions under this Part.

29 Functions of the [F12National Assembly for Wales] in relation to curriculum and assessment.E+W

(1)[F13The National Assembly for Wales] shall have the functions set out in subsection (2) [F14 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 [F15maintained schools or maintained nursery schools] and all aspects of school examinations and assessment;

F16(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(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; F18. . .

(f)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(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 [F20under 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.

[F21(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.]

30 Functions of the [F22National Assembly for Wales] in relation to [F23relevant] qualificationsE+W

[F24(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.]

[F25(1A)In subsection [F26(1)(g)]— “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 [F27(h)] of that subsection is to be construed accordingly.]

[F28(1B)The functions set out in subsection (1) are exercisable solely by the Welsh Ministers.]

F29(1C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(1D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F32(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.]

F33(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F34(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.]

F35(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3631 Other functions of the Authority.E+W

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32 Supplementary provisions relating to discharge by [F37the National Assembly for Wales of its functions] .E+W

(1)In carrying out [F38its functions] under this Part [F39the National Assembly for Wales] shall—

F40(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(i)the requirements of [F42section 99 of the Education Act 2002] (general duties in respect of curriculum),

(ii)the [F43reasonable] requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and

[F44(iii)the reasonable requirements of persons with learning difficulties.]

(2)In carrying out those functions [F45the National Assembly for Wales] shall in addition have regard to information supplied [F46to it] by [F47Her 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 [F48its functions] under this Part [F49the Assembly [F50recognises any person or] accredits] F51... any qualification, [F52it may] do so on such terms (including terms as to payment) F51... as [F52it may] determine.

[F53(3A)Where in carrying out those functions [F54the National Assembly for Wales [F55recognises any person or] accredits] any qualification, [F56it may], at the time of [F57recognition or of] accreditation or later, impose such conditions on [F58recognition or] accreditation or continued [F59recognition or] accreditation as [F56it may] determine.]

(4)Those conditions may in particular include conditions—

[F60(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;] and

[F61(b)requiring rights of entry to premises and to inspect and copy documents so far as necessary for [F62the National Assembly for Wales] —

(i)to satisfy [F63itself] that the appropriate standards are being [F64maintained 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.]

F65(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F67(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.]

[F6832ZAQualifications functions of Welsh Ministers: co-operation and joint working etc.E+W

(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.]

[F6932A 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 [F70any qualification in respect of which that person is recognised by them or by the Office of Qualifications and Examinations Regulation], 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 [F71and sections 32B and 32C] “recognised person” means a person recognised by the Welsh Ministers.

F72(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F7332BPower of Welsh Ministers to withdraw recognitionE+W

(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.

32CSurrender of recognitionE+W

(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).]

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

Dissolution of existing bodiesE+W

F7433 Dissolution of existing bodies.E+W

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

F7534 Transfer of property.E+W+N.I.

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F7635 Transfer of staff.E+W+N.I.

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

F7736 Levy on bodies awarding qualifications accredited by relevant body.E+W+N.I.

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

F7837 Requirement for approval of certain publicly-funded and school courses leading to external qualifications.E+W

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