Learning and Skills Bill [H.L.] - continued        House of Lords
PART V, MISCELLANEOUS AND GENERAL - continued
External qualifications - continued

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Approved qualifications: England.     90. - (1) This section has effect for the purposes of sections 88 and 89 in their application to England.
 
      (2) A qualification is approved at a given time if-
 
 
    (a) it is then approved by the Secretary of State, or
 
    (b) it is then approved by a body then designated by him for the purposes of this section.
      (3) Approval may be given generally or in relation to particular cases.
 
      (4) An approval given by a designated body is ineffective unless the Secretary of State consents to the approval.
 
      (5) The Secretary of State may at any time revoke-
 
 
    (a) a designation;
 
    (b) an approval given by him;
 
    (c) an approval given by a designated body.
      (6) A designated body may at any time revoke an approval given by it.
 
      (7) If the Secretary of State asks the Qualifications and Curriculum Authority to do so, it must advise him on any approval he proposes to give under subsection (2)(a).
 
      (8) If a designated body asks the Qualifications and Curriculum Authority to do so, it must advise the body on any approval the body proposes to give under subsection (2)(b).
 
Approved qualifications: Wales.     91. - (1) This section has effect for the purposes of sections 88 and 89 in their application to Wales.
 
      (2) A qualification is approved at a given time if-
 
 
    (a) it is then approved by the National Assembly, or
 
    (b) it is then approved by a body then designated by the National Assembly for the purposes of this section.
      (3) Approval may be given generally or in relation to particular cases.
 
      (4) An approval given by a designated body is ineffective unless the National Assembly consents to the approval.
 
      (5) The National Assembly may at any time revoke-
 
 
    (a) a designation;
 
    (b) an approval given by the National Assembly;
 
    (c) an approval given by a designated body.
      (6) A designated body may at any time revoke an approval given by it.
 
      (7) If the National Assembly asks the Qualifications, Curriculum and Assessment Authority for Wales to do so, it must advise the National Assembly on any approval the National Assembly proposes to give under subsection (2)(a).
 
      (8) If a designated body asks the Qualifications, Curriculum and Assessment Authority for Wales to do so, it must advise the body on any approval the body proposes to give under subsection (2)(b).
 
Authorised bodies.     92. - (1) For the purposes of sections 88 and 89 in their application to England these are authorised bodies-
 
 
    (a) the Learning and Skills Council for England;
 
    (b) a local education authority;
 
    (c) a body specified by order by the Secretary of State for the purposes of this section.
      (2) For the purposes of sections 88 and 89 in their application to Wales these are authorised bodies-
 
 
    (a) the National Council for Education and Training for Wales;
 
    (b) a local education authority;
 
    (c) a body specified by order by the National Assembly for the purposes of this section.
Enforcement: England.     93. - (1) This section has effect for the purposes of sections 88 and 89 in their application to England, and it applies if the Secretary of State is satisfied that-
 
 
    (a) a local education authority or specified body has failed to comply with section 88(2)(a) or is proposing to do so,
 
    (b) a local education authority or governing body has failed to comply with section 88(3) or is proposing to do so, or
 
    (c) a local education authority or specified body has failed to comply with section 89(2) or is proposing to do so.
      (2) The Secretary of State may give such directions to the authority or body as he thinks fit.
 
      (3) An authority or body must comply with any directions given to it under this section.
 
      (4) A specified body is a body specified under section 92(1)(c).
 
Enforcement: Wales.     94. - (1) This section has effect for the purposes of sections 88 and 89 in their application to Wales, and it applies if the National Assembly is satisfied that-
 
 
    (a) a local education authority or specified body has failed to comply with section 88(2)(a) or is proposing to do so,
 
    (b) a local education authority or governing body has failed to comply with section 88(3) or is proposing to do so, or
 
    (c) a local education authority or specified body has failed to comply with section 89(2) or is proposing to do so.
      (2) The National Assembly may give such directions to the authority or body as it thinks fit.
 
      (3) An authority or body must comply with any directions given to it under this section.
 
      (4) A specified body is a body specified under section 92(2)(c).
 
Amendments relating to external qualifications.     95. - (1) The Education Act 1997 shall be amended as follows.
 
      (2) In section 24 (functions of Qualifications and Curriculum Authority in relation to external qualifications) in subsection (2) for paragraphs (h) and (i) substitute-
 
 
    "(gg) 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."
      (3) In section 30 (functions of Qualifications, Curriculum and Assessment Authority for Wales in relation to external qualifications)-
 
 
    (a) in subsection (1) omit "or by subsection (3)";
 
    (b) in subsection (2) for "(g)" substitute "(gg)";
 
    (c) omit subsection (3).
      (4) In section 37 (requirement for approval of certain courses leading to external qualifications) omit subsections (1) to (4) and in subsection (5) the words ", which are superseded by this section,".
 
 
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