Apprenticeships, Skills, Children and Learning Act 2009

Education Act 2002 (c. 32)E+W+N.I.

31E+W+N.I.The Education Act 2002 is amended as follows.

32(1)Section 76 (interpretation of Part 6) is amended as follows.E+W+N.I.

(2)At the beginning insert “ (1) ”.

(3)In the definition of “assess” omit “examine and”.

(4)In the definition of “assessment arrangements” for the words from “for the purpose” to the end substitute “ for the specified purposes ”.

(5)At the end insert—

“(2)In subsection (1) “the specified purposes”, in relation to assessment arrangements for a key stage, means—

(a)the purpose of ascertaining what pupils have achieved in relation to the attainment targets for that stage, and

(b)such other purposes as the Secretary of State may by order specify.”

33E+W+N.I.In section 85(6) (curriculum requirements for the fourth key stage) for “Qualifications and Curriculum Authority” substitute “ Qualifications and Curriculum Development Agency ”.

34E+W+N.I.In section 85A(5) (entitlement areas for the fourth key stage) for “Qualifications and Curriculum Authority” substitute “ Qualifications and Curriculum Development Agency ”.

35(1)Section 87 (establishment of the National Curriculum for England by order) is amended as follows.E+W+N.I.

(2)In subsection (5) for “published as specified” substitute “ published by a person, and in the manner, specified ”.

(3)In subsection (7)—

(a)omit the “and” at the end of paragraph (a);

(b)after paragraph (b) insert—

“(c)the Qualifications and Curriculum Development Agency, and

(d)any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements,”.

(4)Omit subsection (9).

(5)In subsection (10) for the words before paragraph (a) substitute “The duties that may be imposed by virtue of subsection (7)(a) or (b) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them—”.

(6)For subsection (11) substitute—

“(11)An order under subsection (3)(c) may authorise a person specified in the order to make delegated supplementary provisions in relation to such matters as may be specified in the order.

(12)In this section “delegated supplementary provisions” means such provisions (other than provisions conferring or imposing functions as mentioned in subsection (7)(a) or (b)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.

(13)An order under subsection (3)(c) authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.

(14)Any delegated supplementary provisions shall, on being published as specified in the order under which they are made, have effect for the purposes of this Part as if made by the order.”

36(1)Section 90 (development work and experiments) is amended as follows.E+W+N.I.

(2)In subsections (3)(c) and (4) for “Qualifications and Curriculum Authority” substitute “ Qualifications and Curriculum Development Agency ”.

(3)In subsection (5) for the words from “to the” to the end substitute “on any matters specified by the Secretary of State to—

(a)the Secretary of State, or

(b)the reviewing body.”

(4)After subsection (5) insert—

“(5A)If required by the Secretary of State to do so the reviewing body shall keep under review development work or experiments carried out following a direction given under subsection (1).

(5B)In this section “the reviewing body” means the Qualifications and Curriculum Development Agency, or any other person, if designated as such by the Secretary of State.

(5C)A designation under subsection (5B) may make different provision for different purposes.”

37(1)Section 96 (procedure for making certain orders and regulations) is amended as follows.E+W+N.I.

(2)In subsection (2)—

(a)for “Qualifications and Curriculum Authority (in this section referred to as “the Authority”)” substitute “ Qualifications and Curriculum Development Agency (in this section referred to as “the Agency”) ”;

(b)for “them” substitute “ it ”;

(c)for “they are” substitute “ it is ”.

(3)For subsection (3) substitute—

“(3)The Agency shall give notice of the proposal to such of the following as appear to it to be concerned with the proposal—

(a)associations of local education authorities,

(b)bodies representing the interests of school governing bodies, and

(c)organisations representing school teachers.

(3A)The Agency shall also publish the proposal in such manner as, in its opinion, is likely to bring the proposal to the notice of any other persons who may be concerned with the proposal.

(3B)The Agency shall give the bodies and other persons mentioned in subsections (3) and (3A) a reasonable opportunity of submitting evidence and representations as to the issues arising from the proposal.”

(4)In subsection (4)—

(a)for “Authority”, wherever appearing, substitute “ Agency ”;

(b)in paragraph (c) for “think” substitute “ thinks ”.

(5)In subsection (5)—

(a)for “Authority” substitute “ Agency ”;

(b)for “their” substitute “ its ”.

(6)In subsection (6)—

(a)for “Authority have” substitute “ Agency has ”;

(b)in paragraph (b) for “Authority” substitute “ Agency ”;

(c)omit the words from “and shall send copies” to the end.

(7)After subsection (6) insert—

“(6A)The Secretary of State shall take such steps as in his opinion are likely to bring the documents mentioned in subsection (6)(a) and (b) to the notice of any person who submitted evidence or representations to the Agency.

(6B)The Secretary of State shall send copies of those documents to the Agency.”