Statutory Instruments
1997 No. 2140

EDUCATION, ENGLAND AND WALES
WALES
The Education (Qualifications, Curriculum and Assessment Authority for Wales) (Conferment of Functions) Order 1997

Made
3rd September 1997

Laid before Parliament
9th September 1997

Coming into force
1st October 1997

The Secretary of State for Wales, in exercise of the powers conferred on him by section 30(1) of the Education Act 1997(1), which section shall come into force on 1st October 1997 by virtue of the Education Act 1997 (Commencement No. 2 and Transitional Provisions) Order 1997(2), hereby makes the following Order:

Citation and Commencement

1.  This Order may be cited as the Education (Qualifications, Curriculum and Assessment Authority for Wales) (Conferment of Functions) Order 1997 and shall come into force on 1st October 1997.

Interpretation

2.  In this Order:—

“the 1997 Act” means the Education Act 1997;

“ACCAC” means Awdurdod Cymwysterau, Cwricwlwm ac Asesu Cymru or the Qualifications, Curriculum and Assessment Authority for Wales(3); and

“QCA” means the Qualifications and Curriculum Authority(4).

Conferment of Functions

3.—(1) Subject to paragraph (3) below, the functions falling within paragraphs (a) to (g) of section 24(2) of the 1997 Act are, in relation to qualifications of the kind specified in paragraph (2) below, hereby conferred on ACCAC in relation to Wales.

(2) Those qualifications are all external qualifications except National Vocational Qualifications.

(3) The functions conferred by this article are conferred so as to be exercisable solely by ACCAC.

4.—(1) Subject to paragraph (3) below, the functions falling within paragraphs (a) to (f) of section 24(2) of the 1997 Act are, in relation to qualifications of the kind specified in paragraph (2) below, hereby conferred on ACCAC in relation to Wales.

(2) Those qualifications are National Vocational Qualifications.

(3) The functions conferred by this article are conferred so as to be exercisable by ACCAC and QCA concurrently.

Signed by authority of the Secretary of State for Wales

Peter Hain
Parliamentary Under-Secretary of State, Welsh Office
3rd September 1997

Explanatory Note

(This note is not part of the Order)
This Order confers on Awdurdod Cymwysterau, Cwricwlwm ac Asesu Cymru or the Qualifications, Curriculum and Assessment Authority for Wales (ACCAC) as from 1st October 1997, certain functions with respect to all external academic and vocational qualifications in Wales except National Vocational Qualifications (NVQs). Those functions are conferred solely on ACCAC. By virtue of section 24(1) and (2) of the Education Act 1997 (the 1997 Act) the same functions in relation to England will be vested in QCA (the Qualifications and Curriculum Authority) and by virtue of section 24(3) of the 1997 Act those functions in relation to Wales would, but for this order, also have become vested in QCA.
This Order also confers on ACCAC as from 1st October 1997 certain more limited functions with respect to NVQs in Wales. Those more limited functions are the same functions as referred to in the above paragraph with the exception of accreditation. By virtue of article 4 and of section 24(3) of the 1997 Act those more limited functions in relation to NVQs in Wales will also be vested concurrently in QCA. By virtue of section 24(1), (2) and (3) of the 1997 Act QCA will in addition have not only the same functions in relation to NVQs in England but also the accreditation function in relation to NVQs in both England and Wales.


(1)
1997 c. 44.

(2)
S.I. 1997/1468 (C. 57).

(3)
Section 27(1) of the Education Act 1997 (which will be brought into force on 1st October 1997 by the Education Act 1997 (Commencement No. 2 and Transitional Provisions) Order 1997 (S.I. 1997/1468 (C. 57)) substitutes the new name of Awdurdod Cymwysterau, Cwricwlwm ac Asesu Cymru or the Qualifications, Curriculum and Assessment Authority for Wales for that of the current name of Awdurdod Cwricwlwm ac Asesu Cymru or the Curriculum and Assessment Authority for Wales. This Authority was established by section 14(1)(b) of the Education Reform Act 1988 (c. 40) under the name of the Curriculum Council for Wales, renamed with its current name by section 253(1) of the Education Act 1993 (c. 35) and continued in existence by section 360 of the Education Act 1996 (c. 56).

(4)
This Authority is to be established by section 21(1) of the Education Act 1997 which will be brought into force on 1st October 1997 by the Education Act 1997 (Commencement No. 2 and Transitional Provisions) Order 1997.