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Education Act 2002


Sections 189 and 190
Section 189: Amendments of Part 5 of Education Act 1997

364.This section introduces Schedule 17, which amends Part 5 of the EA 97.

365.The amendments extend the powers of the QCA and ACCAC so that their functions in relation to children below compulsory school age are brought into line with those for children of compulsory school age. They also extend the powers of the QCA and ACCAC in relation to qualifications.

366.The Schedule amends section 23 and 29 of the EA 97. The effect of the amendments is that QCA’s and ACCAC’s functions in relation to curriculum and assessment for those of compulsory school age are extended to children below compulsory school age.

367.The Schedule amends section 24(2) of the EA 97. The effect of the amendment is that the QCA and ACCAC can take into account in its criteria for accreditation of qualifications the need to ensure that there are not an excessive number of qualifications in similar subject areas or serving similar functions.

368.The Schedule amends sections 26 and 32 of the EA 97 to strengthen QCA’s and ACCAC’s powers under sections 26(3) and 32(3) of the EA 97 by making it explicit that the Authorities can impose conditions after the accreditation of qualifications. It also substitutes new sections 26(4)(b) and 32(4)(b) to extend the purposes for which QCA and ACCAC have right of access to an awarding body’s premises. The extension will enable QCA and ACCAC to examine and copy documents in support of their powers under sections 26(4)(a) and 32(4)(a), and, as required by sections 26(5) and 32(5), with the consent of the Secretary of State or the NAW, to limit the amount of examination fees charged by awarding bodies.

369.The Schedule also introduces new sections 26A and 32A which provide QCA and ACCAC with the power to direct awarding bodies that have failed to comply, or are at risk of failing to comply with a condition of accreditation that may impede the successful delivery of one or more qualifications by an awarding body (or consortium) or that puts at risk the interests of a learner who may be seeking to obtain a relevant qualification. The direction will be for the purpose of restoring compliance with the accreditation conditions and may be used when withdrawal of accreditation is not a viable option. It also amends section 58(6) of the EA 97 to extend QCA’s power in this respect to Northern Ireland in relation to NVQs.

Section 190: LEA functions: qualifications

370.This section clarifies the legal position of LEAs in England and Wales to engage in the award or authentication of educational qualifications. It ensures that LEAs are able to develop, deliver and award qualifications and to charge a fee in respect of those services. The section also enables an LEA to make arrangements with other persons and form, participate in or be a member of a body corporate in order to exercise its powers in relation to educational qualifications. The section is intended to be clarificatory. The powers are therefore expressed always to have been within the powers of an LEA, and are without prejudice to its other powers.

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