HL Deb 28 May 2002 vol 635 cc1301-2

(1) If it appears to the Qualifications and Curriculum Authority—

  1. (a) that any person (in this section referred to as "the awarding body") who, either alone or jointly with others, awards or authenticates any qualification accredited by the Authority has failed or is likely to fail to comply with any condition subject to which the accreditation has effect, and
  2. (b) that the failure—
    1. (i) prejudices or would be likely to prejudice the proper award or authentication of the qualification, or
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    2. (ii) prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain the qualification,
the Authority may direct the awarding body to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect. (2) It shall be the duty of the awarding body to comply with any direction under this section. (3) Any direction under this section is enforceable, on the application of the Qualifications and Curriculum Authority—
  1. (a) in England and Wales, by a mandatory order, or
  2. (b) in Northern Ireland, by an order of mandamus.""
 Page 176, line 33, at end insert— 2B (1) Section 29 of the Education Act 1997 (c. 44) (functions of the Qualifications, Curriculum and Assessment Authority for Wales in relation to curriculum and assessment) is amended as follows. (2) In subsection (1) for the words from "with respect to" to the end there is substituted "with respect to—
  1. (a) pupils at maintained schools in Wales who have not ceased to be of compulsory school age,
  2. (b) pupils at maintained nursery schools in Wales, and
  3. (c) children for whom funded nursery education is provided in Wales otherwise than at a maintained school or maintained nursery school."
 (3) In subsection (2)—
  1. (a) in paragraph (a), for "such schools" there is substituted "maintained schools or maintained nursery schools", and
  2. (b) paragraph (f) and the word "and" immediately preceding it are omitted.
 (4) After subsection (2) there is inserted— (2A) In subsection (2) references to the curriculum for a maintained nursery school include references to the curriculum for any funded nursery education provided as mentioned in subsection (I)(c); and references to assessment in schools include references to assessment in funded nursery education. (5) Subsections (3) and (4) are omitted. (6) At the end of subsection (5) there is inserted "; and "funded nursery education" has the meaning given by section 94 of the Education Act 2002". Page 177, line 17, at end insert— 5 After section 32 of the Education Act 1997 (c. 44) there is inserted—