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

Chapter IIU.K. [F1Functions of the National Assembly for Wales]

Textual Amendments

F2...E+W

Textual Amendments

F327 The Qualifications, Curriculum and Assessment Authority for Wales.E+W

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Textual Amendments

Functions of the [F4National Assembly for Wales] E+W

Textual Amendments

28 General function of [F5National Assembly for Wales] to advance education and training.E+W

(1)The functions conferred on the [F6National Assembly for Wales] by this Part shall be exercised by [F7the National Assembly for Wales] for the purpose of advancing education and training in Wales.

(2)[F8The National Assembly for Wales] shall exercise [F9its functions] under this Part with a view to promoting quality and coherence in education and training in relation to which [F10it has] functions under this Part.

Textual Amendments

29 Functions of the [F11National Assembly for Wales] in relation to curriculum and assessment.E+W

(1)[F12The National Assembly for Wales] shall have the functions set out in subsection (2) [F13 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 [F14maintained schools or maintained nursery schools] and all aspects of school examinations and assessment;

F15(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(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; F17. . .

(f)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18(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 [F19under 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[F20; and “funded nursery education” has the meaning given by section 98 of the Education Act 2002;]

Textual Amendments

F13Words in s. 29(1) substituted (19.12.2002) by Education Act 2002 (c. 32), Sch. 17 para. 5(2) (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1

F14Words in s. 29(2)(a) substituted (19.12.2002) by Education Act 2002 (c. 32), s. 189, Sch. 17 para. 5(3)(a) (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1

F19Words in s. 29(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 215 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F20Words in s. 29(5) inserted (19.12.2002) by virtue of Education Act 2002 (c. 32), s. 189, Sch. 17 para. 5(6) (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1

Modifications etc. (not altering text)

30 Functions of the [F21National Assembly for Wales] in relation to external vocational and academic qualifications.E+W

[F22(1)This section applies for the purposes of the following functions with respect to external qualifications in relation to Wales—

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

(ii)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;

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

(iv)to develop and publish criteria for the accreditation of such qualifications;

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

(vi)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.]

[F23(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.”;

(1B)Subject to subsection (2), with respect to external qualifications other than National Vocational Qualifications, the functions set out in subsection (1) are exercisable solely by the National Assembly for Wales.

(1C)Subject to subsection (2), with respect to National Vocational Qualifications—

(i)the functions specified in subsections (1)(a) to (d) are exercisable concurrently by the National Assembly for Wales and the Qualifications and Curriculum Authority;

(ii) the functions specified in subsection 1(e) and (f) are exercisable solely by the Qualifications and Curriculum Authority.]

[F24(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.]

[F25(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.]

F26(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F25S. 30(3) repealed (1.4.2001 for W. and otherwiseprosp.) by 2000 c. 21, ss. 103(4)(c), 153, 154, Sch. 11; S.I. 2001/1274, art. 2, Sch. Pt. I

F2731 Other functions of the Authority.E+W

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Textual Amendments

32 Supplementary provisions relating to discharge by [F28the National Assembly for Wales of its functions] .E+W

(1)In carrying out [F29its functions] under this Part [F30the National Assembly for Wales] shall—

F31(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F33(i)the requirements of [F34section 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 [F35the National Assembly for Wales] shall in addition have regard to information supplied [F36to it] by [F37Her 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 [F38its functions] under this Part [F39the Assembly accredits] F40. . . any qualification, [F41it may] do so on such terms (including terms as to payment) F40. . . as [F41it may] determine.

[F42(3A)Where in carrying out those functions [F43the National Assembly for Wales accredits] any qualification, [F44it may] , at the time of accreditation or later, impose such conditions on accreditation or continued accreditation as [F44it 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

[F45(b)requiring rights of entry to premises and to inspect and copy documents so far as necessary for [F46the National Assembly for Wales] —

(i)to satisfy [F47itself] that the appropriate standards are being maintained, in relation to the award or authentication of the qualification in question, by the persons receiving the accreditation, or

(ii)to determine whether to impose a condition falling within paragraph (a) and if so what that condition should be.]

[F48(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.]

F49(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F33Words in s. 32(1)(c)(i) substituted (19.12.2002 for W., 1.3.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 70 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 2

F34Words in s. 32(1)(c)(i) substituted (19.12.2002 for W., 1.3.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 70 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 2

F37Words in s. 32(2) substituted (1.1.2001) by 2000 c. 21, s. 73(a); S.I. 2000/3230, art. 2, Sch.

[F5032A Power of [F51National Assembly for Wales] to give directionsE+W

(1)If it appears to [F52the National Assembly for Wales] —

(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 [F53the National Assembly for Wales] 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,

[F53the National Assembly for Wales] 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 [F54the National Assembly for Wales] , by a mandatory order.]

Textual Amendments