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Apprenticeships, Skills, Children and Learning Act 2009

Section 142: Consultation before making determination of minimum requirements

433.Before making an order, under this section the Secretary of State must consult with Ofqual and with others as appropriate (subsection (1)). We might expect him or her to consult, for example, with awarding bodies and with subject associations and professional bodies with an interest in the subject of the qualification. The requirement to consult with Ofqual reflects the expectation that an order will only be made where it has previously been discussed with Ofqual, usually following the development of draft criteria by QCDA.

434.For the purposes of the consultation, the Secretary of State must publish a document (subsection (2)) setting out:


why he or she believes that making an order is necessary to ensure that the curriculum is appropriate;


the minimum requirements he or she proposes to specify; and


the reasons for proposing these minimum requirements.

435.An order is subject to affirmative resolution. This means that, once the consultation has been completed, the Secretary of State must seek approval from both Houses of Parliament for the order before making it. There is no opportunity for Parliament to amend the order: it can only either approve or reject the order as proposed by the Secretary of State.

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