The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (Wales) Regulations 2010

• Citation: S.I. 2010/2431 (W.)
• Sections: 9

Section 1 Title, commencement and application

(1) The title of these Regulations is the Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (Wales) Regulations 2010 and they come into force on 1 November 2010.

(2) These Regulations apply in relation to Wales.

Section 2 Amendment of the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994

The Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994 are amended as follows—

(a) in regulation 2(1) insert after the definition of “approval”—

“approved relevant qualification” is a relevant qualification within the meaning of section 30(5) of the Education Act 1997 ;

(b) in paragraph 12(2)(c)(vi) and paragraph 12(2)(c)(vii) of Schedule 2, for “external” substitute “approved relevant”.

Section 3 Amendment of the Education (Special Schools) Regulations 1994

The Education (Special Schools) Regulations 1994 are amended as follows—

(a) in regulation 2(1) insert after the definition of “the 1993 Act”—

“approved relevant qualification” is a relevant qualification within the meaning of section 30(5) of the Education Act 1997 ;

(b) in paragraph 5 of Part 3 of the Schedule, for sub-paragraph (2)(a) substitute—

(a) a list of the approved relevant qualifications for which courses of study are provided for pupils of compulsory school age at the school;

(c) in paragraph 5(2)(c) of Part 3 of the Schedule, for “external” substitute “approved relevant”.

Section 4 Amendment of the Education (School Information) (Wales) Regulations 1999

The Education (School Information) (Wales) Regulations 1999 are amended as follows—

(a) in regulation 3—

(i) for the definition of “approved external qualification”, substitute—

“approved relevant qualification” is a relevant qualification within the meaning of section 30(5) of the Education Act 1997 ;

(ii) omit the definitions of “AVCE” and “ASVCE”;

(iii) omit the definition of “ GNVQ ”; and

(iv) in the definition of “ NQF ”, for “qualifications accredited by” to the end substitute “relevant qualifications within the meaning of section 30(5) of the Education Act 1997 which is awarded or authenticated by a body which is recognised by the Welsh Ministers under section 30(1)(e) of that Act in respect of the qualification and “NQF level” means the level or levels set out in the NQF in relation to a relevant qualification;”; and

(b) in Schedule 4—

(i) in paragraph 5 of Part 1 omit sub-paragraphs (c) and (d);

(ii) in paragraphs 7 and 10 of Part 2, for “external” substitute “relevant”;

(iii) in paragraph 16(a) of Part 2 omit “or AVCE”; and

(iv) in paragraph 16(b) of Part 2 omit “or ASVCE”.

Section 5 Amendment of the School Governors' Annual Reports (Wales) Regulations 2001

The School Governors' Annual Reports (Wales) Regulations 2001 are amended as follows—

(a) in regulation 2—

(i) for the definition of “approved external qualification” substitute—

“approved relevant qualification” (“ cymhwyster perthnasol a gymeradwywyd ”) is a relevant qualification within the meaning of section 30(5) of the Education Act 1997 ;

(ii) omit the definitions of “AVCE” and “ASVCE”;

(iii) omit the definition of “GNVQ”; and

(iv) in the definition of “NQF”, for “qualifications accredited by” to the end substitute “relevant qualifications within the meaning of section 30(5) of the Education Act 1997 which is awarded or authenticated by a body which is recognised by the Welsh Ministers under section 30(1)(e) of that Act in respect of the qualification and “NQF level” means the level or levels set out in the NQF in relation to a relevant qualification;”; and

(b) in Schedule 2—

(i) in paragraphs 7 and 10 of Part 2, for “external” substitute “relevant”;

(ii) in paragraph 16(a) of Part 2 omit “or AVCE”; and

(iii) in paragraph 16(b) of Part 2 omit “or ASVCE”.

Section 6 Amendment of the Education (School Performance Information) (Wales) Regulations 2004

The Education (Schools Performance) (Wales) Regulations 2004 are amended as follows—

(a) for the definition of “approved external qualification” in regulation 2(1) substitute—

“approved relevant qualification” (“ cymhwyster perthnasol a gymeradwywyd ”) is a relevant qualification within the meaning of section 30(5) of the Education Act 1997 ;

(b) in the definition of “NQF” in regulation 2(1), for “qualifications accredited by” to the end substitute “relevant qualifications within the meaning of section 30(5) of the Education Act 1997 which is awarded or authenticated by a body which is recognised by the Welsh Ministers under section 30(1)(e) of that Act in respect of the qualification and “NQF level” means the level or levels set out in the NQF in relation to a relevant qualification;”;

(c) in the following provisions, for “approved external qualification” in each place the words appear substitute “approved relevant qualification”–

(i) regulation 2(4);

(ii) paragraph 3 of Part 1 of Schedule 2; and

(iii) paragraph 6 of Part 2 of Schedule 2;

(d) in the following provisions, for “approved external qualifications” in each place the words appear substitute “approved relevant qualifications”–

(i) regulation 2(2)(b);

(ii) the heading to Schedule 2;

(iii) paragraph 2 of Part 1 of Schedule 2; and

(iv) paragraph 4 of Part 2 of Schedule 2;

(e) in regulation 8 and its heading, for “approved external qualifications” substitute “approved relevant qualifications”.

Section 7 Amendment of the Education (Pupil Information) (Wales) Regulations 2004

The Education (Pupil Information) (Wales) Regulations 2004 are amended as follows—

(a) in regulation 2(1)—

(i) for the definition of “approved external qualification” substitute—

“approved relevant qualification” (“ cymhwyster perthnasol a gymeradwywyd ”) is a relevant qualification within the meaning of section 30(5) of the Education Act 1997 ;

(ii) omit the definition of “AVCE”;

(iii) in the definition of “the National Database of Accredited Qualifications”, for “Qualifications and Curriculum Authority” substitute “Office of Qualifications and Examinations Regulation”;

(iv) in the definition of “NQF”, for “qualifications accredited by” to the end substitute “relevant qualifications within the meaning of section 30(5) of the Education Act 1997 which is awarded or authenticated by a body which is recognised by the Welsh Ministers under section 30(1)(e) of that Act in respect of the qualification and “NQF level” means the level or levels set out in the NQF in relation to a relevant qualification;”;

(v) after the definition of “NQF” insert–

“the register” (“ y gofrestr ”) means the register maintained and published by the Office of Qualifications and Examinations Regulation pursuant to section 148 of the Apprenticeships, Skills, Children and Learning Act 2009 ;

(b) in regulation 7(3)(c), for “approved external qualifications” substitute “approved relevant qualifications”;

(c) in regulation 7(10)(a), for “approved external qualifications” substitute “approved relevant qualifications”;

(d) in the following provisions, for “approved external qualification” in each place the words appear substitute “approved relevant qualification”–

(i) regulation 9(2)(c) and (d);

(ii) paragraph 4(3) of Part 1 of Schedule 2;

(iii) the heading to paragraph 6 of Part 3 of Schedule 2;

(iv) paragraph 6(1) and (3) of Schedule 2; and

(v) paragraph 8(3) of Part 4 of Schedule 2;

(e) in paragraph 4(1) of Part 1 of Schedule 2, for “approved external qualification” substitute “approved relevant qualification”; and

(f) in paragraph 4(3) of Part 1 and paragraph 6(3) of Part 3 of Schedule 2 for “the National Database of Accredited Qualifications” substitute “either the National Database of Accredited Qualifications or the register”.

Section 8 Amendment of the Education (Local Curriculum for Pupils in Key Stage 4) (Wales) Regulations 2009

The Education (Local Curriculum for Pupils in Key Stage 4) (Wales) Regulations 2009 are amended as follows—

(a) in regulation 2—

(i) in the definition of “NQF”, for “qualifications accredited by” to the end substitute “relevant qualifications within the meaning of section 30(5) of the Education Act 1997 which is awarded or authenticated by a body which is recognised by the Welsh Ministers under section 30(1)(e) of that Act in respect of the qualification;”;

(ii) for the definition of “NQF level” substitute—

“NQF level” (“ lefel NQF ”) means the level or levels set out in the NQF to relation to a relevant qualification;

(iii) after the definition of “points” insert–

“QCF” (“ QCF ”) means the Qualifications and Credit Framework comprising relevant qualifications within the meaning of section 30(5) of the Education Act 1997 which is awarded or authenticated by a body which is recognised by the Welsh Ministers under section 30(1)(e) of that Act in respect of the qualification;

“QCF level” (“ lefel QCF ”) means the level or levels set out in the QCF in relation to a relevant qualification;

(b) in regulation 4 after the words “at NQF” in each place they appear insert “or QCF”.

Section 9 Amendment of the Education (Information About Children in Alternative Provision) (Wales) Regulations 2009

The Education (Information About Children in Alternative Provision) (Wales) Regulations 2009 , are amended as follows—

(a) for the definition of “approved external qualification” in regulation 2 substitute—

“approved relevant qualification” (“ cymhwyster perthnasol a gymeradwywyd ”) is a relevant qualification within the meaning of section 30(5) of the Education Act 1997 ;

(b) in paragraph 6 of Schedule 2 for “approved external qualification” substitute “approved relevant qualification”.