Apprenticeships, Skills, Children and Learning Bill

172: Before Clause 140, insert the following new Clause— "Power to determine minimum requirements (1) The Secretary of State may make a determination specifying minimum requirements in respect of a specified qualification, or description of qualification, to which this section applies. (2) But the Secretary of State may make a determination under subsection (1) only if satisfied that it is necessary to do so for the purpose of ensuring that the curriculum studied by persons taking a course leading to the qualification, or a qualification of the description, is appropriate, having regard to the likely ages of those persons. (3) This section applies to a qualification, or description of qualification, if the qualification is one to which this Part applies and— (a) one or more forms of the qualification (or qualifications of the description) is (or are) approved under section 98 of the Learning and Skills Act 2000, or (b) the Secretary of State reasonably expects approval under that section to be sought for one or more forms of the qualification (or qualifications of the description). (4) A minimum requirement in respect of a qualification or description of qualification is a requirement which relates to the knowledge, skills or understanding which a person must demonstrate in order to obtain the qualification or a qualification of the description. (5) If the Secretary of State makes a determination under subsection (1) the Secretary of State must— (a) publish the determination, (b) give notice of the determination to Ofqual, and (c) lay the determination before Parliament." 173: Before Clause 140, insert the following new Clause— "Consultation before making determination of minimum requirements (1) Before making a determination under section (Power to determine minimum requirements)(1) the Secretary of State must consult Ofqual and such other persons as the Secretary of State considers appropriate. (2) For the purposes of consulting under subsection (1) the Secretary of State must publish a document setting out— (a) the grounds on which the Secretary of State is satisfied of the matter specified in section (Power to determine minimum requirements)(2), (b) the proposed minimum requirements, and (c) the Secretary of State’s reasons for proposing those minimum requirements. (3) The Secretary of State must provide a copy of the document to Ofqual and any other persons the Secretary of State proposes to consult under subsection (1)." 174: Before Clause 140, insert the following new Clause— "Effect of determination of minimum requirements (1) This section applies in relation to a qualification or description of qualification in respect of which a determination under section (Power to determine minimum requirements)(1) has effect. (2) Ofqual must perform its functions under sections 132, 133 and 139 in relation to the qualification or description of qualification in a way which secures that the minimum requirements in respect of the qualification or description of qualification are met. (3) But Ofqual is not required to comply with the duty imposed by subsection (2) if it appears to Ofqual that complying with that duty would result in the level of attainment (in terms of depth of knowledge, skills or understanding) indicated by the qualification or description of qualification not being consistent with that indicated by comparable regulated qualifications." 175: Before Clause 140, insert the following new Clause— "Amendment and revocation of determination of minimum requirements (1) A determination under section (Power to determine minimum requirements)(1) may be amended or revoked by the Secretary of State. (2) Sections (Power to determine minimum requirements)(2) and (Consultation before making determination of minimum requirements) apply to the amendment of a determination as those provisions apply to the making of a determination. (3) If the Secretary of State amends a determination under subsection (1) the Secretary of State must— (a) publish the amendment, or the determination as amended, (b) give notice of the amendment to Ofqual, and (c) lay the amendment, or the determination as amended, before Parliament. (4) If the Secretary of State revokes a determination under subsection (1) the Secretary of State must— (a) publish notice of the revocation, (b) give notice of the revocation to Ofqual, and (c) lay notice of the revocation before Parliament." Amendments 172 to 175 agreed. Clause 140 : Power of Secretary of State to determine minimum requirements Clause 140 : Power of Secretary of State to determine minimum requirements Amendments 176 to 178 not moved. Amendment 179 Moved by