Law

Apprenticeships, Skills, Children and Learning Act 2009

United Kingdom · statute

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In force since 2026-04-29, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 329 provisions
  1. Title and introductory text
  2. ZA7 Secretary of State directions where the Institute fails to discharge duties etc
  3. ZA9 Occupational categories (sometimes referred to as “routes”)
  4. ZA10 Mapping of occupational groups
  5. ZA11 Standards
  6. A1 Meaning of “approved English apprenticeship” etc
  7. A2 Apprenticeship assessment plans
  8. A2A Preparation of apprenticeship standards and assessment plans
  9. A2B Evaluation of quality of apprenticeship assessments
  10. A2C Unsatisfactory apprenticeship assessments
  11. A2D Committee to advise on quality evaluations etc
  12. A2D1 Approval of technical education qualifications: overview
  13. A2D2 Categories of technical education qualification
  14. A2D3 Technical education certificate: approval of technical education qualifications
  15. A2D4 Additional steps towards occupational competence
  16. A2D5 Further powers to approve technical education qualifications
  17. A2D6 Approved technical education qualifications: approval and withdrawal
  18. A2D7 Approved technical education qualifications: publication and fees
  19. A2D8 Reviews of approval of technical education qualifications
  20. A2D9 Moratorium on further approvals under section A2D5
  21. A2D10 Directions
  22. A2D11 Co-operation between the Institute and Ofqual
  23. A2E ... Reviews of published standards and assessment plans
  24. A2F Revision or withdrawal of published standards and assessment plans
  25. A2G Examinations by independent third parties
  26. A2H List of published standards and assessment plans
  27. A2HA List of technical education qualifications
  28. A2I Transfer of copyright in standards and assessment plans
  29. A2IA Transfer of copyright relating to technical education qualifications
  30. A2IB Availability of approved technical education qualifications outside England
  31. A3 Power to issue apprenticeship certificate
  32. A3A Power to issue technical education certificate
  33. A4 Delegation
  34. A5 English apprenticeship agreements: status
  35. A6 English apprenticeship agreements: supplementary provision
  36. A7 Crown servants and parliamentary staff
  37. A8 Progress reports
  38. A9 Public sector apprenticeship targets
  39. A10 Further provision about apprenticeship targets
  40. A11 Only statutory apprenticeships to be described as apprenticeships
  41. A12 Interpretation of Chapter A1
  42. 1 Meaning of “completing an English apprenticeship”
  43. 2 Meaning of “completing a Welsh apprenticeship”
  44. 3 Duty to issue: England
  45. 4 Power to issue: England
  46. 5 Issue by the English certifying authority: supplementary
  47. 6 The English certifying authority
  48. 7 Duty to issue: Wales
  49. 8 Power to issue: Wales
  50. 9 Issue by the Welsh certifying authority: supplementary
  51. 10 The Welsh certifying authority
  52. 11 Contents of apprenticeship certificate
  53. 12 Apprenticeship frameworks: interpretation
  54. 13 English issuing authority
  55. 14 Issue: England
  56. 15 Recognised English frameworks: notification and publication
  57. 16 Submission of draft framework for issue: England
  58. 17 Transitional provision: England
  59. 18 Welsh issuing authority
  60. 19 Issue: Wales
  61. 20 Recognised Welsh frameworks: notification and publication
  62. 21 Submission of draft framework for issue: Wales
  63. 22 Transitional provision: Wales
  64. 23 Duty to prepare and submit draft specification: England
  65. 24 Order bringing specification into effect
  66. 25 Modification: England
  67. 26 Replacement or modification: recognised English frameworks
  68. 27 Contents of specification of apprenticeship standards for England
  69. 28 Specification of apprenticeship standards for Wales
  70. 29 Modification: Wales
  71. 30 Replacement or modification: recognised Welsh frameworks
  72. 31 Contents of specification of apprenticeship standards for Wales
  73. 32 Meaning of “apprenticeship agreement”
  74. 33 Ineffective provisions
  75. 34 Variation
  76. 35 Status
  77. 36 Crown servants and Parliamentary staff
  78. 37 Duty to participate in education or training: apprenticeship agreements
  79. 38 Apprenticeship sectors
  80. 39 Interpretation of Chapter
  81. 40 Employer support for employee study and training
  82. 40A Sharing of information by HMRC and the Secretary of State
  83. 40AA Sharing of information by or with the Secretary of State
  84. 40AB Sharing of technical education information by or with Ofqual
  85. 40B Sharing of information by HMRC and devolved authorities
  86. 40C Wrongful disclosure
  87. 40D Interpretation
  88. 41 Education and training for persons over compulsory school age: general duty
  89. 42 Encouragement of education and training for persons over compulsory school age
  90. 43 Local authority directions: children over compulsory school age
  91. 44 Power to require provision of education by further education institution
  92. 46 Boarding accommodation: persons subject to learning difficulty assessment
  93. 47 Work experience for persons over compulsory school age
  94. 48 Provision of education for persons subject to youth detention
  95. 49 Persons detained in youth accommodation: application of provisions
  96. 50 Persons detained in youth accommodation: further provision
  97. 51 Detention of child or young person: local authorities to be notified
  98. 52 Release from detention of child or young person with special educational needs
  99. 53 Provision of transport etc for persons of sixth form age: duty to have regard to section 15ZA duty
  100. 54 Transport policy statements for persons of sixth form age: consultation
  101. 55 Transport policy statements for persons of sixth form age: content and publication
  102. 56 Complaints about transport arrangements etc for persons of sixth form age
  103. 57 Local authorities in England: provision of transport etc for adult learners
  104. 58 Power of local authorities to arrange provision of education at non-maintained schools
  105. 59 Minor and consequential amendments
  106. 60 The Young People's Learning Agency for England
  107. 61 Provision of financial resources
  108. 62 Financial resources: conditions
  109. 63
  110. 64 Means tests
  111. 65 Prohibition on charging
  112. 66 Securing provision of education and training
  113. 67 Intervention for purpose of securing provision of education and training
  114. 68 Provision of services
  115. 69 Assistance with respect to employment and training
  116. 70 Assistance with respect to employment and training: Northern Ireland
  117. 71 Research, information and advice
  118. 71A Assistance etc. in relation to functions of the principal regulator
  119. 72 Guidance by YPLA
  120. 73 Intervention powers: policy statement
  121. 74 Power to confer supplementary functions on YPLA
  122. 75 Directions by Secretary of State
  123. 76 Guidance by Secretary of State
  124. 77 Academy agency arrangements
  125. 78 Grants for purposes of Academy agency arrangements functions
  126. 79 Academy agency arrangements: information sharing
  127. 80 Interpretation of Part
  128. 81 The Chief Executive of Skills Funding
  129. 82 Apprenticeship functions
  130. 83 Power to secure provision of apprenticeship training
  131. 83A The apprenticeship offer
  132. 83B Limit on scope of the apprenticeship offer
  133. 84 Arrangements and co-operation with local authorities
  134. 85 Provision of apprenticeship training etc for persons within section 83 or 83A
  135. 86 Education and training for persons aged 19 or over and others subject to adult detention
  136. 87 Learning aims for persons aged 19 or over: provision of facilities
  137. 88 Learning aims for persons aged 19 or over: payment of tuition fees
  138. 89 Sections 87 and 88: supplementary
  139. 90 Encouragement of education and training for persons aged 19 or over and others subject to adult detention
  140. 100 Provision of financial resources
  141. 101 Financial resources: conditions
  142. 101A Financial resources: welfare
  143. 102 Performance assessments
  144. 103 Means tests
  145. 104 Assistance and support in relation to apprenticeship places
  146. 105 Promoting progression from level 2 to level 3 apprenticeships
  147. 106 Advice and assistance in relation to apprenticeships
  148. 107 Provision of services
  149. 108 Assistance with respect to employment and training
  150. 109 Assistance with respect to employment and training: Northern Ireland
  151. 110 Research, information and advice
  152. 111 Power to confer supplementary functions on Chief Executive
  153. 112 Strategies for functions of Chief Executive
  154. 113
  155. 114 Strategies: duty of Chief Executive
  156. 114A Directions and guidance to strategic authorities
  157. 115 Persons with special educational needs
  158. 116 Persons subject to adult detention
  159. 117 Use of information by Chief Executive
  160. 118 Guidance
  161. 118A Directions: consultation
  162. 119 Directions: funding of qualifications
  163. 120 Other directions relating to functions of the office
  164. 120A Territorial application of Part
  165. 120B When functions become exercisable by strategic authorities
  166. 121 Interpretation of Part
  167. 122 Sharing of information for education and training purposes
  168. 123 Dissolution of the Learning and Skills Council for England
  169. 124 Dissolution of the Learning and Skills Council: transfer schemes
  170. 125 Sixth form college sector
  171. 126 Removal of power to establish sixth form schools
  172. 127 The Office of Qualifications and Examinations Regulation
  173. 128 Objectives
  174. 129 General duties
  175. 130 Meaning of “regulated qualifications” etc.
  176. 131 Meaning of “regulated assessment arrangements” etc.
  177. 132 Recognition
  178. 133 Criteria for recognition
  179. 134 General conditions of recognition
  180. 135 Other conditions of recognition
  181. 136 Fee capping conditions: supplementary
  182. 137 Entry and inspection conditions: supplementary
  183. 138 Qualifications subject to the accreditation requirement
  184. 139 Accreditation
  185. 140 Criteria for accreditation
  186. 141 Power to specify minimum requirements
  187. 142 Consultation before making order specifying minimum requirements
  188. 143 Effect of order specifying minimum requirements
  189. 144 Revocation and amendment of orders specifying minimum requirements
  190. 145 Assignment of number of hours of guided learning
  191. 146 Criteria for assignment of number of hours of guided learning
  192. 147 Surrender of recognition
  193. 148 Register
  194. 149 Review of activities of recognised bodies
  195. 150 Investigation of complaints
  196. 151 Power to give directions
  197. 151A Power to impose monetary penalties
  198. 151B Monetary penalties: amount
  199. 151C Monetary penalties: appeals
  200. 151D Monetary penalties: interest and recovery
  201. 152 Power to withdraw recognition
  202. 152A Costs recovery
  203. 152B Costs recovery: appeals
  204. 152C Costs: interest and recovery
  205. 153 Qualifications regulatory framework
  206. 154 Review of qualifications to which Part applies
  207. 156 Co-operation and joint working
  208. 157 Power to provide information to qualifications regulators
  209. 158 Interpretation of Chapter
  210. 159 NC assessment arrangements: duty to consult Ofqual etc.
  211. 160 EYFS assessment arrangements: duty to consult Ofqual etc.
  212. 161 Review of regulated assessment arrangements
  213. 162 Powers to require information
  214. 163 Duty to notify significant failings
  215. 164 NC assessments regulatory framework
  216. 165 EYFS assessments regulatory framework
  217. 166 Interpretation of Chapter
  218. 167 Provision of services
  219. 168 Provision of information or advice
  220. 169 Research and development
  221. 170 Duty not to impose or maintain unnecessary burdens
  222. 171 Annual and other reports
  223. 172 Interpretation of Part
  224. 173 Transfer schemes
  225. 174 Minor and consequential amendments
  226. 175 The Qualifications and Curriculum Development Agency
  227. 176 Objective
  228. 177 General duties
  229. 178 Qualifications within the QCDA's remit
  230. 179 Qualifications: general functions
  231. 180 Assistance etc. in relation to qualifications functions of Ofqual
  232. 181 Curriculum
  233. 182 Early learning goals and educational programmes
  234. 183 Assessment arrangements
  235. 184 Provision of services or other assistance
  236. 185 Provision of information or advice
  237. 186 Ancillary activities
  238. 187 Co-operation and joint working
  239. 188 Power to confer supplementary functions on the QCDA
  240. 189 Directions etc. by the Secretary of State
  241. 190 Guidance by the Secretary of State
  242. 191 Interpretation of Part
  243. 192 Minor and consequential amendments
  244. 193 Arrangements to promote co-operation
  245. 194 Children's Trust Boards
  246. 195 Targets for safeguarding and promoting the welfare of children
  247. 196 Local Safeguarding Children Boards: lay members
  248. 197 Local Safeguarding Children Boards: annual reports
  249. 198 Arrangements for children's centres
  250. 199 Inspection of children's centres
  251. 200 Children's centres: safeguarding children
  252. 201 Arrangements in respect of early childhood services
  253. 202 Free of charge early years provision: budgetary framework: England
  254. 203 Powers in relation to schools causing concern: England
  255. 204 Power to require local authorities in England to obtain advisory services
  256. 205 Powers in relation to schools causing concern: Wales
  257. 206 Complaints to which this Chapter applies
  258. 207 Power of Local Commissioner to investigate complaint
  259. 208 Time-limit etc for making complaint
  260. 209 Procedure in respect of investigations
  261. 210 Investigations: further provisions
  262. 211 Statements about investigations
  263. 212 Adverse findings notices
  264. 213 Publication of statements etc. by Local Commissioner
  265. 214 Disclosure of information
  266. 215 Permitted disclosures of information by Local Commissioner
  267. 216 Law of defamation
  268. 217 Consultation with Parliamentary Commissioner for Administration
  269. 218 Arrangements etc. to be made by Commission
  270. 219 Annual reports
  271. 220 Secretary of State's power of direction
  272. 221 Disapplication of certain powers of Secretary of State
  273. 222 Power to amend meaning of “qualifying school”
  274. 223 Amendments consequential on Chapter 2
  275. 224 Interpretation of Chapter 2
  276. 225 Interim statements
  277. 226 Powers of persons providing administrative support in connection with inspections
  278. 227 The School Support Staff Negotiating Body
  279. 228 Matters within SSSNB's remit
  280. 229 Referral of matter to SSSNB for consideration
  281. 230 Consideration of other matters by SSSNB
  282. 231 Agreement submitted by SSSNB under section 229 or 230
  283. 232 Reconsideration of agreement by SSSNB
  284. 233 SSSNB's submission of agreement following reconsideration: powers of Secretary of State
  285. 234 Powers of Secretary of State in absence of SSSNB agreement
  286. 235 Effect of order ratifying SSSNB agreement
  287. 236 Effect of order making provision otherwise than in terms of SSSNB agreement
  288. 237 Orders: supplementary
  289. 238 Guidance
  290. 239 Non-statutory School Support Staff Negotiating Body
  291. 240 “School support staff”
  292. 241 General interpretation
  293. 242 Power of members of staff to search pupils for prohibited items: England
  294. 243 Power of members of staff to search pupils for weapons: Wales
  295. 244 Power of members of staff to search students for prohibited items: England
  296. 245 Power of members of staff to search students for weapons: Wales
  297. 246 Recording and reporting the use of force in schools: England
  298. 249 Regulations about pupil referral units
  299. 251 Information about planned and actual expenditure
  300. 252 Information about expenditure: supplementary
  301. 253 Information about expenditure: consequential amendments
  302. 253A Qualifications
  303. 254 Provision of social security information for purposes of functions under Education and Skills Act 2008
  304. 255 Provision of other information in connection with support services
  305. 256 Further education corporations in England: co-operation and promotion of well-being
  306. 257 Student loans under the 1998 Act: IVAs
  307. 258 Student loans under the 1990 Act: IVAs and bankruptcy
  308. 259 Power to award foundation degrees: Wales
  309. 261 Local Government Act 1974: minor amendment
  310. 262 Orders and regulations
  311. 263 Directions
  312. 264 General interpretation of Act
  313. 265 Power to make consequential and transitional provision etc.
  314. 266 Repeals and revocations
  315. 267 Financial provisions
  316. 268 Extent
  317. 269 Commencement
  318. 270 Short title
  319. Schedule A1 The Institute for Apprenticeships
  320. Schedule 1 Employee study and training: minor and consequential amendments
  321. Schedule 2 Local authority functions: minor and consequential amendments
  322. Schedule 5 Learning aims for persons aged 19 or over
  323. Schedule 6 Dissolution of the Learning and Skills Council for England: minor and consequential amendments
  324. Schedule 7 Learning and Skills Council for England: transfer schemes
  325. Schedule 8 Sixth form college sector
  326. Schedule 9 The Office of Qualifications and Examinations Regulation
  327. Schedule 12 Ofqual and the QCDA: minor and consequential amendments
  328. Schedule 13 Powers in relation to schools causing concern: England
  329. Schedule 16 Repeals and revocations

Proposed changes to this act

No one has proposed a change to this act yet.

329 provisions

152 Power to withdraw recognition

(1) Subsection (2) applies if a recognised body has failed to comply with a condition to which the recognition is subject. (2) Ofqual may withdraw recognition from the recognised body in respect of the award or authentication of— (a) a specified qualification or description of qualification in respect of which the body is recognised, or (b) every qualification or description of qualification in respect of which the body is recognised. (3) Before withdrawing recognition from a recognised body in any respect Ofqual must give notice to the body of its intention to do so. (4) The notice must— (a) set out Ofqual's reasons for proposing to withdraw recognition from the recognised body in the respect in question, and (b) specify the period during which, and the way in which, the recognised body may make representations about the proposal. (5) Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to withdraw recognition from the body in the respect in question. (6) If Ofqual decides to withdraw recognition from a recognised body Ofqual— (a) must give notice to the body of its decision and of the date on which the withdrawal is to take effect, and (b) may make saving or transitional provision. (7) At any time before a withdrawal takes effect Ofqual may vary the date on which it is to take effect by giving further notice to the recognised body. (8) Ofqual must establish arrangements for the review, at the request of a recognised body, of a decision to withdraw recognition under this section. (9) The arrangements established under subsection (8) must require the decision on review to be made by a person who is independent of Ofqual. (10) A person is independent of Ofqual for the purposes of subsection (9) if the person is— (a) an individual who is not a member of Ofqual or Ofqual's staff, or (b) a body none of whose members is a member of Ofqual or Ofqual's staff.

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152A Costs recovery

(1) Ofqual may, by notice, require a recognised body on which a sanction has been imposed to pay the costs incurred by Ofqual in relation to imposing the sanction, up to the time it is imposed. (2) The references in subsection (1) to imposing a sanction are to— (a) giving a direction under section 151; (b) imposing a monetary penalty under section 151A; (c) withdrawing recognition under section 152. (3) “Costs” includes in particular— (a) investigation costs; (b) administration costs; (c) costs of obtaining expert advice (including legal advice). (4) A notice given to a recognised body under subsection (1) must contain information as to— (a) the amount required to be paid, (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. (5) The body may require Ofqual to provide a detailed breakdown of the amount specified in the notice.

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152B Costs recovery: appeals

(1) A recognised body may appeal to the First-tier Tribunal against— (a) a decision under section 152A(1) to require the body to pay costs; (b) a decision as to the amount of those costs. (2) An appeal under this section may be made on the grounds— (a) that the decision was based on an error of fact; (b) that the decision was wrong in law; (c) that the decision was unreasonable. (3) The requirement to pay the costs is suspended pending the determination of an appeal under this section. (4) On an appeal under this section the Tribunal may— (a) withdraw the requirement to pay the costs; (b) confirm that requirement; (c) vary that requirement; (d) take such steps as Ofqual could take in relation to the failure to comply giving rise to the decision to impose the requirement; (e) remit the decision whether to confirm the requirement to pay the costs, or any matter relating to that decision, to Ofqual.

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152C Costs: interest and recovery

(1) This section applies if all or part of an amount of costs that a recognised body is required to pay under section 152A(1) is unpaid at the end of the period ending on the applicable date. (2) The applicable date is— (a) the last date on which the recognised body may make an appeal under section 152B in respect of the costs, if no such appeal is made; (b) if an appeal under section 152B in respect of the costs is made— (i) the date on which the appeal is determined, or (ii) if the appeal is withdrawn before being determined, the date on which the appeal is withdrawn. (3) The unpaid amount of the costs for the time being carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section). (4) The total amount of interest imposed under subsection (3) must not exceed the amount of the costs. (5) Ofqual may recover from the body, as a civil debt due to it, the unpaid amount of the costs and any unpaid interest.

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153 Qualifications regulatory framework

(1) Ofqual must prepare and publish— (a) a statement of how Ofqual intends to perform the monitoring and enforcement functions, and (b) guidance to recognised bodies in relation to the award and authentication of qualifications in respect of which they are recognised. (2) The statement and guidance mentioned in subsection (1) are together referred to in this section as “the qualifications regulatory framework”. (3) Guidance under subsection (1)(b) must include guidance for the purpose of helping to determine whether or not behaviour complies with the general conditions to which a recognition is subject (see section 134). (4) The guidance may in particular specify— (a) descriptions of behaviour which Ofqual considers complies with a general condition; (b) descriptions of behaviour which Ofqual considers does not comply with a general condition; (c) factors which Ofqual will take into account in determining whether or not a recognised body's behaviour complies with a general condition. (5) Ofqual— (a) may revise the qualifications regulatory framework, and (b) if it does so, must publish the revised version. (6) Before publishing the qualifications regulatory framework or a revised version of it, Ofqual must consult such persons as it considers appropriate. (7) A recognised body must have regard to guidance under subsection (1)(b) in awarding or authenticating a qualification in respect of which it is recognised. (8) In subsection (1) “the monitoring and enforcement functions” means— (a) Ofqual's power under section 132(3)(d) (power to impose other conditions); (b) Ofqual's functions under sections 132(4) and 134 (functions in relation to general conditions); (c) Ofqual's functions under an entry and inspection condition to which a recognition is subject (see section 135); (d) Ofqual's functions under section 138(1) (power to determine that a qualification is subject to the accreditation requirement); (e) Ofqual's functions under sections 149 to 152C .

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154 Review of qualifications to which Part applies

Ofqual may keep under review all aspects of qualifications to which this Part applies.

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156 Co-operation and joint working

(1) Ofqual may co-operate or work jointly with another public authority where it is appropriate to do so for the efficient and effective performance of any of Ofqual's qualifications functions. (2) “Public authority” includes any person who performs functions (whether or not in the United Kingdom) which are of a public nature. (3) In this Chapter “qualifications functions” means functions in connection with qualifications to which this Part applies.

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157 Power to provide information to qualifications regulators

(1) Ofqual may provide information to a qualifications regulator for the purpose of enabling or facilitating the performance of a relevant function of the regulator. (2) For the purposes of this section— (a) a qualifications regulator is a person who has functions in any part of the United Kingdom which are similar to Ofqual's qualifications functions, and (b) a function of a qualifications regulator is a relevant function if it is similar to any of the qualifications functions of Ofqual. (3) Nothing in this section— (a) affects any power to disclose information that exists apart from this section, or (b) authorises the disclosure of information in contravention of any provision made by or under any Act which prevents disclosure of the information.

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158 Interpretation of Chapter

(1) In this Chapter— “awarding body” has the meaning given by section 132; “entry and inspection condition” has the meaning given by section 135; “fee capping condition” has the meaning given by section 135; ... “number of hours of guided learning”, in relation to a form of a qualification, has the meaning given by section 145; “qualifications functions” has the meaning given by section 156; “recognised body” has the meaning given by section 132; a “recognition” has the meaning given by section 132. (2) For the purposes of this Chapter a qualification is subject to the accreditation requirement if a determination by Ofqual that the qualification, or a description of qualification which applies to the qualification, is to be subject to that requirement has effect under section 138. (3) For the purposes of this Chapter a qualification is relevant for 2008 Act purposes if it falls within section 145(9).

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159 NC assessment arrangements: duty to consult Ofqual etc.

(1) Section 87 of the Education Act 2002 (c. 32) (establishment of the National Curriculum for England by order) is amended as follows. (2) Before subsection (7) insert— (6A) Before making an order under subsection (3)(c) the Secretary of State— (a) shall consult the Office of Qualifications and Examinations Regulation, and (b) may consult such other persons as the Secretary of State considers appropriate. (3) After subsection (8) insert— (8A) An order under subsection (3)(c) which includes provision made by virtue of subsection (8) shall provide that before making or revising the assessment arrangements the person specified in the order— (a) shall consult the Office of Qualifications and Examinations Regulation, and (b) may consult such other persons as that person considers appropriate. (4) After subsection (12) (as inserted by paragraph 35 of Schedule 12) insert— (12A) An order under subsection (3)(c) which authorises a person to make delegated supplementary provisions shall provide that before making, amending or revoking any such provisions the person so authorised— (a) shall consult the Office of Qualifications and Examinations Regulation, and (b) may consult such other persons as that person considers appropriate.

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160 EYFS assessment arrangements: duty to consult Ofqual etc.

(1) Section 42 of the Childcare Act 2006 (c. 21) (further provisions about assessment arrangements) is amended as follows. (2) Before subsection (1) insert— (A1) Before making a learning and development order specifying assessment arrangements the Secretary of State— (a) must consult the Office of Qualifications and Examinations Regulation, and (b) may consult such other persons as the Secretary of State considers appropriate. (3) After subsection (3) insert— (3A) A learning and development order which includes provision made by virtue of subsection (3) must provide that before making or revising the assessment arrangements the person specified in the order— (a) must consult the Office of Qualifications and Examinations Regulation, and (b) may consult such other persons as that person considers appropriate. (4) After subsection (6A) (as inserted by paragraph 40 of Schedule 12) insert— (6AA) A learning and development order which authorises a person to make delegated supplementary provisions must provide that before making, amending or revoking any such provisions the person so authorised— (a) must consult the Office of Qualifications and Examinations Regulation, and (b) may consult such other persons as that person considers appropriate.

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161 Review of regulated assessment arrangements

(1) Ofqual must keep under review all aspects of NC assessment arrangements. (2) Ofqual must keep under review all aspects of EYFS assessment arrangements.

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162 Powers to require information

(1) Ofqual may at any time require a person falling within subsection (2) to provide it with any information which Ofqual considers it necessary or expedient to have for the purposes of, or in connection with, the performance by Ofqual of its function under section 161(1). (2) The persons are— (a) the Secretary of State; (b) an NC responsible body; (c) Her Majesty's Chief Inspector of Education, Children's Services and Skills; (d) any other person specified or of a description specified in regulations. (3) Ofqual may at any time require a person falling within subsection (4) to provide it with any information which Ofqual considers it necessary or expedient to have for the purposes of, or in connection with, the performance by Ofqual of its function under section 161(2). (4) The persons are— (a) the Secretary of State; (b) an EYFS responsible body; (c) Her Majesty's Chief Inspector of Education, Children's Services and Skills; (d) any other person specified or of a description specified in regulations. (5) In this Chapter— “EYFS responsible body” means a person who under or by virtue of an order made under section 39(1)(a) of the Childcare Act 2006 (c. 21) has functions in relation to the development, implementation or monitoring of EYFS assessment arrangements; “NC responsible body” means a person who under or by virtue of an order made under section 87(3)(c) of the Education Act 2002 (c. 32) has functions in relation to the development, implementation or monitoring of NC assessment arrangements.

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163 Duty to notify significant failings

(1) If it appears to Ofqual that there is or is likely to be a significant failing in NC assessment arrangements Ofqual must notify— (a) the Secretary of State, and (b) any NC responsible body whose act or omission appears to Ofqual to have contributed to the significant failing. (2) If it appears to Ofqual that there is or is likely to be a significant failing in EYFS assessment arrangements Ofqual must notify— (a) the Secretary of State, and (b) any EYFS responsible body whose act or omission appears to Ofqual to have contributed to the significant failing. (3) There is a significant failing in NC assessment arrangements or (as the case may be) EYFS assessment arrangements if, as a result of the way in which the arrangements are being developed or implemented, they fail in a significant way to achieve one or more of the specified purposes of the arrangements.

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164 NC assessments regulatory framework

(1) Ofqual must prepare and publish a document (“the NC assessments regulatory framework”) which— (a) contains a description of how Ofqual intends to perform its function under section 161(1), and (b) gives guidance to NC responsible bodies about the performance of their functions in relation to NC assessment arrangements. (2) Ofqual— (a) may revise the NC assessments regulatory framework, and (b) if it does so, it must publish the revised version. (3) Before publishing the NC assessments regulatory framework or a revised version of it, Ofqual must consult— (a) the Secretary of State, and (b) such NC responsible bodies and other persons as it considers appropriate. (4) An NC responsible body must have regard to the NC assessments regulatory framework in performing its functions in relation to NC assessment arrangements.

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165 EYFS assessments regulatory framework

(1) Ofqual must prepare and publish a document (“the EYFS assessments regulatory framework”) which— (a) contains a description of how Ofqual intends to perform its function under section 161(2), and (b) gives guidance to EYFS responsible bodies about the performance of their functions in relation to EYFS assessment arrangements. (2) Ofqual— (a) may revise the EYFS assessments regulatory framework, and (b) if it does so, it must publish the revised version. (3) Before publishing the EYFS assessments regulatory framework or a revised version of it, Ofqual must consult— (a) the Secretary of State, and (b) such EYFS responsible bodies and other persons as it considers appropriate. (4) An EYFS responsible body must have regard to the EYFS assessments regulatory framework in performing its functions in relation to EYFS assessment arrangements.

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166 Interpretation of Chapter

In this Chapter— “EYFS assessment arrangements” has the meaning given by section 131; “EYFS responsible body” has the meaning given by section 162; “NC assessment arrangements” has the meaning given by section 131; “NC responsible body” has the meaning given by section 162.

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167 Provision of services

(1) Ofqual may, in connection with any of its functions, provide services to any person (whether or not in the United Kingdom). (2) Services provided by virtue of this section may be provided on such terms and subject to such conditions (if any) as Ofqual may determine. (3) Ofqual may charge a fee for, or in connection with, any service provided by virtue of this section.

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168 Provision of information or advice

(1) If requested to do so by the Secretary of State, Ofqual must provide the Secretary of State with information or advice on such matters relating to any of its functions as may be specified in the request. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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169 Research and development

(1) Ofqual may carry out programmes of research and development for purposes connected with— (a) qualifications to which this Part applies, or (b) regulated assessment arrangements. (2) Ofqual may commission, co-ordinate or facilitate the carrying out of programmes of research and development for the purposes mentioned in subsection (1).

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170 Duty not to impose or maintain unnecessary burdens

(1) Ofqual must keep its regulatory functions under review. (2) Ofqual must secure that in performing any of its regulatory functions it does not— (a) impose burdens which it considers to be unnecessary, or (b) maintain burdens which it considers to have become unnecessary. (3) Subsection (2) does not require the removal of a burden which has become unnecessary where its removal would, having regard to all the circumstances, be impracticable or disproportionate. (4) Ofqual must publish a statement setting out— (a) what it proposes to do pursuant to subsections (1) and (2) in the period to which the statement relates, (b) (except in the case of the first statement published under this section) what it has done pursuant to subsections (1) and (2) since the previous statement was published under this section, and (c) where a burden which has become unnecessary is maintained pursuant to subsection (3), the reasons why the removal of the burden would, having regard to all the circumstances, be impracticable or disproportionate. (5) The first statement published under this section— (a) must be published as soon as reasonably practicable after the commencement of section 127, and (b) is to be a statement for the period of 12 months beginning with the day of its publication. (6) A subsequent statement published under this section— (a) must be published during the period to which the previous statement related or as soon as reasonably practicable after the end of that period, and (b) must be a statement for the period of 12 months beginning with the end of the period to which the previous statement related. (7) Ofqual must, in performing any of its regulatory functions during a period for which a statement is in force under this section, have regard to the statement. (8) In this section “regulatory function” has the same meaning as in the Legislative and Regulatory Reform Act 2006 (c. 51) (see section 32 of that Act).

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171 Annual and other reports

(1) As soon as reasonably practicable after the end of each reporting period Ofqual must prepare and publish a report for the period (“the annual report”). (2) The annual report must include— (a) a statement of what Ofqual has done in performing its functions in the reporting period; (b) an assessment of the extent to which Ofqual has met its objectives in that period; (c) details of any information obtained by Ofqual in that period on the levels of attainment in relevant regulated qualifications. (3) “Relevant regulated qualifications” are regulated qualifications that are taken wholly or mainly by pupils at schools in England. (4) An assessment under subsection (2)(b) in respect of the qualifications standards objective must in particular explain how, in making the assessment, Ofqual has taken account of any information within subsection (2)(c) obtained in the reporting period or an earlier reporting period. (5) If arrangements of the kind mentioned in section 150(2) (arrangements for referral of complaints to an independent party) were in place during the reporting period, the annual report must include a description of the activities of the independent party during the reporting period. (6) Ofqual must— (a) lay a copy of each annual report before Parliament; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Ofqual may prepare and publish other reports on matters relating to its functions. (8) If Ofqual prepares and publishes a report under subsection (7) it may— (a) lay a copy of the report before Parliament; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) Ofqual may comply with subsection (1) by preparing and publishing a single document or separate documents .... (10) In this section “reporting period” means— (a) the period (being not longer than 12 months) beginning with the day on which section 127 comes into force and ending on such date as Ofqual decides; (b) each successive period of 12 months.

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172 Interpretation of Part

(1) In this Part— “institution within the higher education sector”— in relation to England, has the same meaning as in the Education Act 1996 (c. 56) (see section 4(4) of that Act); ... “Ofqual” means the Office of Qualifications and Examinations Regulation; “qualification to which this Part applies” has the meaning given by section 130; “regulated assessment arrangements” has the meaning given by section 131; “regulated qualification” has the meaning given by section 130; “the specified purposes”, in relation to regulated assessment arrangements, has the meaning given by section 131. (2) In this Part 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 body either alone or jointly with others. (3) In this Part a reference to recognition, or being recognised, in respect of a qualification is a reference to recognition, or being recognised, under section 132 in respect of the award or authentication of the qualification or of a description of qualification which applies to the qualification.

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173 Transfer schemes

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174 Minor and consequential amendments

Schedule 12 contains minor and consequential amendments relating to the provision made by this Part (and Part 8).

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175 The Qualifications and Curriculum Development Agency

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176 Objective

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177 General duties

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178 Qualifications within the QCDA's remit

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179 Qualifications: general functions

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180 Assistance etc. in relation to qualifications functions of Ofqual

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181 Curriculum

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182 Early learning goals and educational programmes

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183 Assessment arrangements

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184 Provision of services or other assistance

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185 Provision of information or advice

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186 Ancillary activities

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187 Co-operation and joint working

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188 Power to confer supplementary functions on the QCDA

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189 Directions etc. by the Secretary of State

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Apprenticeships, Skills, Children and Learning Act 2009