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Childcare Act 2006

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42Further provisions about assessment arrangementsE+W
This section has no associated Explanatory Notes

[F1(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.]

(1)A learning and development order specifying assessment arrangements may confer or impose on any of the persons mentioned in subsection (2) such functions as appear to the Secretary of State to be required.

(2)Those persons are—

(a)an early years provider,

(b)the governing body or head teacher of a maintained school in England, F2...

(c)an English local authority.

F3( d ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(e)any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements.]

(3)A learning and development order may specify such assessment arrangements as may for the time being be made by a person specified in the order.

[F5(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.]

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[F7The duties that may be imposed on a person mentioned in subsection (2)(a) to (c) by virtue of subsection (1) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them— ]

(a)to enter premises on which the early years provision is provided,

(b)to observe implementation of the arrangements, F2...

(c)to inspect, and take copies of, documents and other articles.

[F8(6)A learning and development order specifying assessment arrangements 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.

(6A) In this section “ delegated supplementary provisions ” means such provisions (other than provisions conferring or imposing functions on persons mentioned in subsection (2)(a) to (c)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.

[F9(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.]

(6B)A learning and development order authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.

(6C)Any delegated supplementary provisions, on being published as specified in the order under which they are made, are to have effect for the purposes of this Chapter as if made by the order.]

(7)In this section “a learning and development order” means an order under section 39(1)(a).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3S. 42(2)(d) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 17; S.I. 2012/924, art. 2

Commencement Information

I1S. 42 in force at 20.12.2006 by S.I. 2006/3360, art. 2(c)

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