Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

Part 7 E+W+N.I. The Office of Qualifications and Examinations Regulation

Chapter 1 E+W+N.I. Establishment, objectives and general duties

Regulated qualifications and regulated assessment arrangements E+W+N.I.

130 Meaning of “regulated qualifications” etc. E+W+N.I.

(1) In this Part a “regulated qualification” means a qualification to which this Part applies which is awarded or authenticated by a body which is recognised under section 132 in respect of the qualification.

(2) This Part applies to any of the following qualifications which is not an excluded qualification—

(a) an academic or vocational qualification awarded or authenticated in England;

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An excluded qualification is any of the following—

(a) a foundation degree;

(b) a first degree;

(c) a degree at a higher level.

(4) For the purposes of subsection (2) a qualification is awarded or authenticated in England F2 ... if there are, or may reasonably be expected to be, persons seeking to obtain the qualification who are, will be or may reasonably be expected to be assessed for those purposes wholly or mainly in England F2 ....

(5) The Secretary of State may by order repeal subsection (2)(b).

(6) An order under subsection (5) may make amendments and repeals to a provision of, or in an instrument made under, this or any other Act (including any Act passed after this Act) in consequence of the repeal of subsection (2)(b).

(7) Before making an order under subsection (5) the Secretary of State must consult the Department for Employment and Learning in Northern Ireland.

Textual Amendments

F1 S. 130(2)(b) omitted (14.6.2016) by virtue of The Education (Repeal of Arrangements for Vocational Qualifications Awarded or Authenticated in Northern Ireland) Order 2016 (S.I. 2016/642), arts. 1, 2

F2 Words in s. 130(4) repealed (14.6.2016) by The Education (Repeal of Arrangements for Vocational Qualifications Awarded or Authenticated in Northern Ireland) Order 2016 (S.I. 2016/642), art. 1, Sch. Table 1

Commencement Information

I1 S. 130 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

131 Meaning of “regulated assessment arrangements” etc. E+W+N.I.

(1) This section applies for the purposes of this Part.

(2) “Regulated assessment arrangements” means—

(a) NC assessment arrangements, and

(b) EYFS assessment arrangements.

(3) “NC assessment arrangements” means arrangements made under or by virtue of an order made under section 87(3)(c) of the Education Act 2002 (c. 32) for assessing pupils in England in respect of each key stage for the specified purposes.

(4) In subsection (3)—

• “assessing” includes testing;

• “key stage” has the same meaning as in Part 6 of the Education Act 2002 (c. 32) (see section 76 of that Act).

(5) “EYFS assessment arrangements” means arrangements made under or by virtue of an order made under section 39(1)(a) of the Childcare Act 2006 (c. 21) for assessing children in England for the specified purposes.

(6) “The specified purposes” in relation to regulated assessment arrangements—

(a) if the arrangements are NC assessment arrangements, has the same meaning as in section 76(1) of the Education Act 2002;

(b) if the arrangements are EYFS assessment arrangements, has the same meaning as in section 41(2)(c) of the Childcare Act 2006.

Commencement Information

I2 S. 131 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1