Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 2 — Functions in relation to qualifications
75

(5)
Ofqual may not charge an awarding body in respect of recognition.
(6)
If Ofqual refuses an application for recognition it must provide the awarding
body with a statement setting out the reasons for its decision.
(7)
In this section “the general conditions”, in respect of a recognition of an
awarding body, means the general conditions for the time being published
5
under section 131 which are applicable to the recognition and the body.
(8)
In this Chapter—
“awarding body” means a person who awards or authenticates, or who
proposes to award or authenticate, a qualification to which this Part
applies;
10
“recognised body” means an awarding body recognised under this
section;
a “recognition” means a recognition under this section.
130
Criteria for recognition
(1)
Ofqual must set and publish the criteria for recognition under section 129.
15
(2)
Different criteria may be set for—
(a)
recognition of different descriptions of awarding bodies;
(b)
recognition in respect of different qualifications or different
descriptions of qualifications.
(3)
Ofqual may from time to time revise the criteria.
20
(4)
If Ofqual revises the criteria it must publish them as revised.
(5)
Before setting or revising the criteria Ofqual must consult such persons as it
considers appropriate.
131
General conditions of recognition
(1)
Ofqual must set and publish the general conditions to which a recognition is to
25
be subject.
(2)
Different general conditions may be set for—
(a)
recognition of different descriptions of awarding bodies;
(b)
recognition in respect of different qualifications or different
descriptions of qualifications.
30
(3)
Ofqual may from time to time revise the general conditions.
(4)
If Ofqual revises the general conditions it must publish them as revised.
(5)
Before setting or revising the general conditions Ofqual must consult such
persons as it considers appropriate.
132
Other conditions of recognition
35
(1)
The conditions of recognition that Ofqual may impose under section 129(2)(c)
include in particular—
(a)
fee capping conditions;
(b)
entry and inspection conditions.

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 2 — Functions in relation to qualifications
76

(2)
Fee capping conditions are conditions limiting the amount of a fee chargeable
by a recognised body for—
(a)
the award or authentication of a qualification in respect of which the
body is recognised, or
(b)
the provision of any other service in relation to such a qualification.
5
(3)
Entry and inspection conditions are conditions requiring permission to enter
premises for the purposes of inspecting and copying documents so far as
necessary for Ofqual—
(a)
to satisfy itself that the appropriate standards are being maintained by
a recognised body in relation to the award or authentication of any
10
qualification in respect of which the body is recognised, or
(b)
to determine whether to impose a fee capping condition and, if so, what
that condition should be.
133
Fee capping conditions: supplementary
(1)
Before imposing a fee capping condition in respect of a recognition Ofqual
15
must give notice to the recognised body of its intention to do so.
(2)
The notice must—
(a)
set out Ofqual’s reasons for proposing to impose the fee capping
condition, and
(b)
specify the period during which, and the way in which, the recognised
20
body may make representations about the proposal.
(3)
Ofqual must have regard to any representations made by the recognised body
during the period specified in the notice in deciding whether to impose the fee
capping condition.
(4)
Ofqual must establish arrangements (the “review arrangements”) for the
25
review, at the request of a recognised body, of a decision to impose a fee
capping condition.
(5)
The review arrangements—
(a)
must require the decision on review to be made by a person of
appropriate seniority who was not involved in the original decision;
30
(b)
may require or permit that decision to be made by a person other than
a member of Ofqual or Ofqual’s staff.
(6)
A decision to impose a fee capping condition must not take effect before the
later of—
(a)
the expiry of the period during which a review can be requested under
35
the review arrangements, and
(b)
the completion of any review requested under those arrangements.
(7)
Ofqual must, in performing its functions in relation to fee capping conditions,
have regard to any guidance given from time to time by the Secretary of State.
134
Entry and inspection conditions: supplementary
40
(1)
An entry and inspection condition requires permission to enter premises to be
given only if—
(a)
the premises in question are not used as a private dwelling,
(b)
the entry is to be by an authorised person,

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 2 — Functions in relation to qualifications
77

(c)
reasonable notice has been given to the recognised body in question,
and
(d)
the entry is to be at a reasonable time.
(2)
“Authorised person” means a member of Ofqual’s staff who is authorised
(generally or specifically) for the purpose.
5
(3)
An entry and inspection condition may require permission to do anything
mentioned in section 58 of the Education Act 2005 (c. 18) (computer records) in
relation to the inspection of documents.
Accreditation of certain qualifications
135
Qualifications subject to the accreditation requirement
10
(1)
Ofqual may determine that a specified qualification, or description of
qualification, to which this Part applies is subject to the accreditation
requirement.
(2)
A determination under subsection (1) may provide that a qualification or
description of qualification is subject to the accreditation requirement—
15
(a)
for all purposes, or
(b)
for the purposes of award or authentication by a specified awarding
body.
(3)
Ofqual must publish a determination falling within subsection (2)(a).
(4)
Ofqual may from time to time revise a determination made under
20
subsection (1).
(5)
If Ofqual revises a determination falling within subsection (2)(a) it must
publish the determination as revised.
(6)
Before making or revising a determination under subsection (1) Ofqual must—
(a)
if the determination falls within subsection (2)(a), consult such persons
25
as it considers appropriate, and
(b)
if the determination falls within subsection (2)(b), consult the awarding
body in question.
136
Accreditation
(1)
Ofqual must accredit a qualification which is subject to the accreditation
30
requirement if (but only if)—
(a)
the qualification has been submitted for accreditation by a recognised
body which is recognised in respect of it, and
(b)
the qualification meets the applicable criteria for accreditation most
recently published under section 137.
35
(2)
Ofqual may not charge a recognised body in respect of the accreditation of a
qualification.
(3)
If Ofqual refuses an application for accreditation it must provide the
recognised body with a statement setting out the reasons for its decision.

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 2 — Functions in relation to qualifications
78

137
Criteria for accreditation
(1)
Ofqual must set and publish the criteria for the accreditation of qualifications
which are subject to the accreditation requirement.
(2)
Different criteria may be set for the accreditation of different qualifications or
different descriptions of qualifications.
5
(3)
Ofqual may from time to time revise the criteria.
(4)
If Ofqual revises the criteria it must publish them as revised.
(5)
Before setting or revising the criteria Ofqual must consult such persons as it
considers appropriate.
Recognition and accreditation: supplementary
10
138
Power of Secretary of State 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 Part applies.
(2)
But the Secretary of State must not make a determination under subsection (1)
15
in relation to a Northern Ireland-only qualification or a description of
qualification which applies to such a qualification.
(3)
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
20
qualification or a qualification of the description in question.
(4)
The Secretary of State must publish a determination made under this section
and give notice of it to Ofqual.
(5)
Ofqual must perform its functions under section 130 or 137 in relation to a
qualification or description of qualification to which a determination under
25
this section applies in a way which secures that the minimum requirements in
respect of the qualification or description of qualification are met.
(6)
For the purposes of this Chapter a Northern Ireland-only qualification is a
qualification in respect of which the persons who are, or may reasonably be
expected to be, seeking to obtain the qualification are or will be assessed for
30
those purposes wholly in Northern Ireland.
139
Assignment of numbers of hours of guided learning
(1)
A recognised body may only award or authenticate a regulated qualification if
Condition 1 or 2 is met.
(2)
Condition 1 is met if the recognised body determines that the regulated
35
qualification is not relevant for 2008 Act purposes.
(3)
Condition 2 is met if—
(a)
the recognised body determines that the regulated qualification is
relevant for 2008 Act purposes, and
(b)
the body assigns to the qualification a number of hours of guided
40
learning.

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 2 — Functions in relation to qualifications
79

(4)
Subsection (1) does not apply in relation to a regulated qualification which is a
Northern Ireland-only qualification.
(5)
A recognised body must apply the applicable criteria most recently published
under section 140 when determining—
(a)
whether or not a regulated qualification is relevant for 2008 Act
5
purposes, and
(b)
a number of hours of guided learning to assign to a regulated
qualification which is relevant for those purposes.
(6)
If Ofqual publishes revised criteria under section 140, a recognised body must
review any determination it has made under this section.
10
(7)
Ofqual may—
(a)
review any determination made by a recognised body under this
section, and
(b)
require the recognised body to revise any such determination in such
respects as Ofqual may specify.
15
(8)
If under subsection (7)(b) Ofqual requires a recognised body to revise a
determination that a regulated qualification is not relevant for 2008 Act
purposes by specifying that the determination should provide that the
qualification is so relevant—
(a)
Ofqual may assign to the qualification a number of hours of guided
20
learning, and
(b)
if it does so, the recognised body is to be treated as having assigned that
number of hours of guided learning to the qualification for the
purposes of Condition 2.
(9)
For the purposes of this Chapter a regulated qualification is relevant for 2008
25
Act purposes if there are, or may reasonably be expected to be, persons seeking
to obtain the qualification for the purposes of discharging the duty under
section 2(1)(c) of the Education and Skills Act 2008 (c. 25) (duty to participate
in education or training).
(10)
In this Chapter a “number of hours of guided learning”, in relation to a
30
qualification, means a number of notional hours representing an estimate of
the amount of actual guided learning which could reasonably be expected to
be required in order for persons to achieve the standard required to obtain the
qualification.
(11)
In subsection (10) “actual guided learning” means time a person spends—
35
(a)
being taught or given instruction by a lecturer, tutor, supervisor or
other appropriate provider of education or training, or
(b)
otherwise participating in education or training under the immediate
guidance or supervision of such a person,

but does not include time spent on unsupervised preparation or study,
40
whether at home or otherwise.
(12)
Section 163(2)(a) does not apply for the purposes of this section.
140
Criteria for assignment of number of hours of guided learning
(1)
Ofqual must set and publish criteria for determining—
(a)
whether a regulated qualification is relevant for 2008 Act purposes, and
45

Apprenticeships, Skills, Children and Learning Bill
Part 7 — The Office of Qualifications and Examinations Regulation
Chapter 2 — Functions in relation to qualifications
80

(b)
the number of hours of guided learning that should be assigned to a
regulated qualification which is relevant for those purposes.
(2)
Different criteria may be set for determinations in relation to different
regulated qualifications or different descriptions of regulated qualifications.
(3)
Ofqual may from time to time revise the criteria.
5
(4)
If Ofqual revises the criteria it must publish them as revised.
(5)
Before setting or revising the criteria Ofqual must consult such persons as it
considers appropriate.
141
Register
(1)
Ofqual must maintain and publish a register containing the following
10
information in relation to each recognised body—
(a)
the respect in which it is recognised,
(b)
the regulated qualifications which the body awards or authenticates,
and
(c)
if the recognised body has determined under section 139 that any such
15
qualification is relevant for 2008 Act purposes, the number of hours of
guided learning it has assigned to the qualification.
(2)
The register may include such other information as Ofqual considers
appropriate.
Recognised bodies: monitoring and enforcement
20
142
Review of activities of recognised bodies
(1)
Ofqual may keep under review any connected activities of a recognised body.
(2)
An activity of a recognised body is a connected activity if Ofqual considers that
it is connected or otherwise relevant to—
(a)
the body’s recognition (including, in particular, the compliance by the
25
body with the conditions to which the recognition is subject), or
(b)
the award or authentication by the body of any qualification in respect
of which it is recognised.
143
Investigation of complaints
(1)
Ofqual may investigate, or make arrangements for the investigation of,
30
complaints in relation to the award or authentication of a regulated
qualification.
(2)
Arrangements made under subsection (1) may in particular include
arrangements for the referral of complaints to an independent party.
(3)
“An independent party” means—
35
(a)
an individual who is not a member of Ofqual or Ofqual’s staff, or
(b)
a body none of whose members is a member of Ofqual or Ofqual’s staff.