Change 1 Article Choose an article Title and introductory text ZA7 Secretary of State directions where the Institute fails to discharge duties etc ZA9 Occupational categories (sometimes referred to as “routes”) ZA10 Mapping of occupational groups ZA11 Standards A1 Meaning of “approved English apprenticeship” etc A2 Apprenticeship assessment plans A2A Preparation of apprenticeship standards and assessment plans A2B Evaluation of quality of apprenticeship assessments A2C Unsatisfactory apprenticeship assessments A2D Committee to advise on quality evaluations etc A2D1 Approval of technical education qualifications: overview A2D2 Categories of technical education qualification A2D3 Technical education certificate: approval of technical education qualifications A2D4 Additional steps towards occupational competence A2D5 Further powers to approve technical education qualifications A2D6 Approved technical education qualifications: approval and withdrawal A2D7 Approved technical education qualifications: publication and fees A2D8 Reviews of approval of technical education qualifications A2D9 Moratorium on further approvals under section A2D5 A2D10 Directions A2D11 Co-operation between the Institute and Ofqual A2E ... Reviews of published standards and assessment plans A2F Revision or withdrawal of published standards and assessment plans A2G Examinations by independent third parties A2H List of published standards and assessment plans A2HA List of technical education qualifications A2I Transfer of copyright in standards and assessment plans A2IA Transfer of copyright relating to technical education qualifications A2IB Availability of approved technical education qualifications outside England A3 Power to issue apprenticeship certificate A3A Power to issue technical education certificate A4 Delegation A5 English apprenticeship agreements: status A6 English apprenticeship agreements: supplementary provision A7 Crown servants and parliamentary staff A8 Progress reports A9 Public sector apprenticeship targets A10 Further provision about apprenticeship targets A11 Only statutory apprenticeships to be described as apprenticeships A12 Interpretation of Chapter A1 1 Meaning of “completing an English apprenticeship” 2 Meaning of “completing a Welsh apprenticeship” 3 Duty to issue: England 4 Power to issue: England 5 Issue by the English certifying authority: supplementary 6 The English certifying authority 7 Duty to issue: Wales 8 Power to issue: Wales 9 Issue by the Welsh certifying authority: supplementary 10 The Welsh certifying authority 11 Contents of apprenticeship certificate 12 Apprenticeship frameworks: interpretation 13 English issuing authority 14 Issue: England 15 Recognised English frameworks: notification and publication 16 Submission of draft framework for issue: England 17 Transitional provision: England 18 Welsh issuing authority 19 Issue: Wales 20 Recognised Welsh frameworks: notification and publication 21 Submission of draft framework for issue: Wales 22 Transitional provision: Wales 23 Duty to prepare and submit draft specification: England 24 Order bringing specification into effect 25 Modification: England 26 Replacement or modification: recognised English frameworks 27 Contents of specification of apprenticeship standards for England 28 Specification of apprenticeship standards for Wales 29 Modification: Wales 30 Replacement or modification: recognised Welsh frameworks 31 Contents of specification of apprenticeship standards for Wales 32 Meaning of “apprenticeship agreement” 33 Ineffective provisions 34 Variation 35 Status 36 Crown servants and Parliamentary staff 37 Duty to participate in education or training: apprenticeship agreements 38 Apprenticeship sectors 39 Interpretation of Chapter 40 Employer support for employee study and training 40A Sharing of information by HMRC and the Secretary of State 40AA Sharing of information by or with the Secretary of State 40AB Sharing of technical education information by or with Ofqual 40B Sharing of information by HMRC and devolved authorities 40C Wrongful disclosure 40D Interpretation 41 Education and training for persons over compulsory school age: general duty 42 Encouragement of education and training for persons over compulsory school age 43 Local authority directions: children over compulsory school age 44 Power to require provision of education by further education institution 46 Boarding accommodation: persons subject to learning difficulty assessment 47 Work experience for persons over compulsory school age 48 Provision of education for persons subject to youth detention 49 Persons detained in youth accommodation: application of provisions 50 Persons detained in youth accommodation: further provision 51 Detention of child or young person: local authorities to be notified 52 Release from detention of child or young person with special educational needs 53 Provision of transport etc for persons of sixth form age: duty to have regard to section 15ZA duty 54 Transport policy statements for persons of sixth form age: consultation 55 Transport policy statements for persons of sixth form age: content and publication 56 Complaints about transport arrangements etc for persons of sixth form age 57 Local authorities in England: provision of transport etc for adult learners 58 Power of local authorities to arrange provision of education at non-maintained schools 59 Minor and consequential amendments 60 The Young People's Learning Agency for England 61 Provision of financial resources 62 Financial resources: conditions 63 64 Means tests 65 Prohibition on charging 66 Securing provision of education and training 67 Intervention for purpose of securing provision of education and training 68 Provision of services 69 Assistance with respect to employment and training 70 Assistance with respect to employment and training: Northern Ireland 71 Research, information and advice 71A Assistance etc. in relation to functions of the principal regulator 72 Guidance by YPLA 73 Intervention powers: policy statement 74 Power to confer supplementary functions on YPLA 75 Directions by Secretary of State 76 Guidance by Secretary of State 77 Academy agency arrangements 78 Grants for purposes of Academy agency arrangements functions 79 Academy agency arrangements: information sharing 80 Interpretation of Part 81 The Chief Executive of Skills Funding 82 Apprenticeship functions 83 Power to secure provision of apprenticeship training 83A The apprenticeship offer 83B Limit on scope of the apprenticeship offer 84 Arrangements and co-operation with local authorities 85 Provision of apprenticeship training etc for persons within section 83 or 83A 86 Education and training for persons aged 19 or over and others subject to adult detention 87 Learning aims for persons aged 19 or over: provision of facilities 88 Learning aims for persons aged 19 or over: payment of tuition fees 89 Sections 87 and 88: supplementary 90 Encouragement of education and training for persons aged 19 or over and others subject to adult detention 100 Provision of financial resources 101 Financial resources: conditions 101A Financial resources: welfare 102 Performance assessments 103 Means tests 104 Assistance and support in relation to apprenticeship places 105 Promoting progression from level 2 to level 3 apprenticeships 106 Advice and assistance in relation to apprenticeships 107 Provision of services 108 Assistance with respect to employment and training 109 Assistance with respect to employment and training: Northern Ireland 110 Research, information and advice 111 Power to confer supplementary functions on Chief Executive 112 Strategies for functions of Chief Executive 113 114 Strategies: duty of Chief Executive 114A Directions and guidance to strategic authorities 115 Persons with special educational needs 116 Persons subject to adult detention 117 Use of information by Chief Executive 118 Guidance 118A Directions: consultation 119 Directions: funding of qualifications 120 Other directions relating to functions of the office 120A Territorial application of Part 120B When functions become exercisable by strategic authorities 121 Interpretation of Part 122 Sharing of information for education and training purposes 123 Dissolution of the Learning and Skills Council for England 124 Dissolution of the Learning and Skills Council: transfer schemes 125 Sixth form college sector 126 Removal of power to establish sixth form schools 127 The Office of Qualifications and Examinations Regulation 128 Objectives 129 General duties 130 Meaning of “regulated qualifications” etc. 131 Meaning of “regulated assessment arrangements” etc. 132 Recognition 133 Criteria for recognition 134 General conditions of recognition 135 Other conditions of recognition 136 Fee capping conditions: supplementary 137 Entry and inspection conditions: supplementary 138 Qualifications subject to the accreditation requirement 139 Accreditation 140 Criteria for accreditation 141 Power to specify minimum requirements 142 Consultation before making order specifying minimum requirements 143 Effect of order specifying minimum requirements 144 Revocation and amendment of orders specifying minimum requirements 145 Assignment of number of hours of guided learning 146 Criteria for assignment of number of hours of guided learning 147 Surrender of recognition 148 Register 149 Review of activities of recognised bodies 150 Investigation of complaints 151 Power to give directions 151A Power to impose monetary penalties 151B Monetary penalties: amount 151C Monetary penalties: appeals 151D Monetary penalties: interest and recovery 152 Power to withdraw recognition 152A Costs recovery 152B Costs recovery: appeals 152C Costs: interest and recovery 153 Qualifications regulatory framework 154 Review of qualifications to which Part applies 156 Co-operation and joint working 157 Power to provide information to qualifications regulators 158 Interpretation of Chapter 159 NC assessment arrangements: duty to consult Ofqual etc. 160 EYFS assessment arrangements: duty to consult Ofqual etc. 161 Review of regulated assessment arrangements 162 Powers to require information 163 Duty to notify significant failings 164 NC assessments regulatory framework 165 EYFS assessments regulatory framework 166 Interpretation of Chapter 167 Provision of services 168 Provision of information or advice 169 Research and development 170 Duty not to impose or maintain unnecessary burdens 171 Annual and other reports 172 Interpretation of Part 173 Transfer schemes 174 Minor and consequential amendments 175 The Qualifications and Curriculum Development Agency 176 Objective 177 General duties 178 Qualifications within the QCDA's remit 179 Qualifications: general functions 180 Assistance etc. in relation to qualifications functions of Ofqual 181 Curriculum 182 Early learning goals and educational programmes 183 Assessment arrangements 184 Provision of services or other assistance 185 Provision of information or advice 186 Ancillary activities 187 Co-operation and joint working 188 Power to confer supplementary functions on the QCDA 189 Directions etc. by the Secretary of State 190 Guidance by the Secretary of State 191 Interpretation of Part 192 Minor and consequential amendments 193 Arrangements to promote co-operation 194 Children's Trust Boards 195 Targets for safeguarding and promoting the welfare of children 196 Local Safeguarding Children Boards: lay members 197 Local Safeguarding Children Boards: annual reports 198 Arrangements for children's centres 199 Inspection of children's centres 200 Children's centres: safeguarding children 201 Arrangements in respect of early childhood services 202 Free of charge early years provision: budgetary framework: England 203 Powers in relation to schools causing concern: England 204 Power to require local authorities in England to obtain advisory services 205 Powers in relation to schools causing concern: Wales 206 Complaints to which this Chapter applies 207 Power of Local Commissioner to investigate complaint 208 Time-limit etc for making complaint 209 Procedure in respect of investigations 210 Investigations: further provisions 211 Statements about investigations 212 Adverse findings notices 213 Publication of statements etc. by Local Commissioner 214 Disclosure of information 215 Permitted disclosures of information by Local Commissioner 216 Law of defamation 217 Consultation with Parliamentary Commissioner for Administration 218 Arrangements etc. to be made by Commission 219 Annual reports 220 Secretary of State's power of direction 221 Disapplication of certain powers of Secretary of State 222 Power to amend meaning of “qualifying school” 223 Amendments consequential on Chapter 2 224 Interpretation of Chapter 2 225 Interim statements 226 Powers of persons providing administrative support in connection with inspections 227 The School Support Staff Negotiating Body 228 Matters within SSSNB's remit 229 Referral of matter to SSSNB for consideration 230 Consideration of other matters by SSSNB 231 Agreement submitted by SSSNB under section 229 or 230 232 Reconsideration of agreement by SSSNB 233 SSSNB's submission of agreement following reconsideration: powers of Secretary of State 234 Powers of Secretary of State in absence of SSSNB agreement 235 Effect of order ratifying SSSNB agreement 236 Effect of order making provision otherwise than in terms of SSSNB agreement 237 Orders: supplementary 238 Guidance 239 Non-statutory School Support Staff Negotiating Body 240 “School support staff” 241 General interpretation 242 Power of members of staff to search pupils for prohibited items: England 243 Power of members of staff to search pupils for weapons: Wales 244 Power of members of staff to search students for prohibited items: England 245 Power of members of staff to search students for weapons: Wales 246 Recording and reporting the use of force in schools: England 249 Regulations about pupil referral units 251 Information about planned and actual expenditure 252 Information about expenditure: supplementary 253 Information about expenditure: consequential amendments 253A Qualifications 254 Provision of social security information for purposes of functions under Education and Skills Act 2008 255 Provision of other information in connection with support services 256 Further education corporations in England: co-operation and promotion of well-being 257 Student loans under the 1998 Act: IVAs 258 Student loans under the 1990 Act: IVAs and bankruptcy 259 Power to award foundation degrees: Wales 261 Local Government Act 1974: minor amendment 262 Orders and regulations 263 Directions 264 General interpretation of Act 265 Power to make consequential and transitional provision etc. 266 Repeals and revocations 267 Financial provisions 268 Extent 269 Commencement 270 Short title Schedule A1 The Institute for Apprenticeships Schedule 1 Employee study and training: minor and consequential amendments Schedule 2 Local authority functions: minor and consequential amendments Schedule 5 Learning aims for persons aged 19 or over Schedule 6 Dissolution of the Learning and Skills Council for England: minor and consequential amendments Schedule 7 Learning and Skills Council for England: transfer schemes Schedule 8 Sixth form college sector Schedule 9 The Office of Qualifications and Examinations Regulation Schedule 12 Ofqual and the QCDA: minor and consequential amendments Schedule 13 Powers in relation to schools causing concern: England Schedule 16 Repeals and revocations
What to do with it
As published
151A Power to impose monetary penalties
(1) Subsection (2) applies if it appears to Ofqual that a recognised body has failed to comply with a condition to which the recognition is subject.
(2) Ofqual may impose a monetary penalty on the recognised body.
(3) A “monetary penalty” is a requirement to pay to Ofqual a penalty of an amount determined by Ofqual in accordance with section 151B.
(4) Before imposing a monetary penalty on a recognised body, Ofqual must give notice to the body of its intention to do so.
(5) The notice must—
(a) set out Ofqual's reasons for proposing to impose the penalty, and
(b) specify the period during which, and the way in which, the recognised body may make representations about the proposal.
(6) The period specified under subsection (5)(b) must not be less than 28 days beginning with the date on which the notice is received.
(7) Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to impose a monetary penalty on the body.
(8) If Ofqual decides to impose a monetary penalty on the body, it must give the body a notice containing information as to—
(a) the grounds for imposing the penalty,
(b) how payment may be made,
(c) the period within which payment is required to be made (which must not be less than 28 days),
(d) rights of appeal,
(e) the period within which an appeal may be made, and
(f) the consequences of non-payment.
Your wording
Your change, as a redline
151A Power to impose monetary penalties
(1) Subsection (2) applies if it appears to Ofqual that a recognised body has failed to comply with a condition to which the recognition is subject.
(2) Ofqual may impose a monetary penalty on the recognised body.
(3) A “monetary penalty” is a requirement to pay to Ofqual a penalty of an amount determined by Ofqual in accordance with section 151B.
(4) Before imposing a monetary penalty on a recognised body, Ofqual must give notice to the body of its intention to do so.
(5) The notice must—
(a) set out Ofqual's reasons for proposing to impose the penalty, and
(b) specify the period during which, and the way in which, the recognised body may make representations about the proposal.
(6) The period specified under subsection (5)(b) must not be less than 28 days beginning with the date on which the notice is received.
(7) Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to impose a monetary penalty on the body.
(8) If Ofqual decides to impose a monetary penalty on the body, it must give the body a notice containing information as to—
(a) the grounds for imposing the penalty,
(b) how payment may be made,
(c) the period within which payment is required to be made (which must not be less than 28 days),
(d) rights of appeal,
(e) the period within which an appeal may be made, and
(f) the consequences of non-payment.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.