|
| |
|
144 | Power to give directions |
| |
(1) | Subsection (2) applies if it appears to Ofqual— |
| |
(a) | that a recognised body has failed or is likely to fail to comply with any |
| |
condition to which the recognition is subject, and |
| |
(b) | that the failure prejudices or would be likely to prejudice— |
| 5 |
(i) | the proper award or authentication by the body of any |
| |
qualification in respect of which the body is recognised, or |
| |
(ii) | persons who might reasonably be expected to seek to obtain |
| |
such a qualification awarded or authenticated by the body. |
| |
(2) | Ofqual may direct the recognised body to take or refrain from taking specified |
| 10 |
steps with a view to securing compliance with the condition. |
| |
(3) | Before giving a recognised body a direction under this section Ofqual must |
| |
give notice to the body of its intention to do so. |
| |
| |
(a) | set out Ofqual’s reasons for proposing to give the direction, and |
| 15 |
(b) | specify the period during which, and the way in which, the recognised |
| |
body may make representations about the proposal. |
| |
(5) | Ofqual must have regard to any representations made by the recognised body |
| |
during the period specified in the notice in deciding whether to give a direction |
| |
| 20 |
(6) | A recognised body must comply with a direction given to it under this section. |
| |
(7) | A direction under this section is enforceable, on the application of Ofqual— |
| |
(a) | in England and Wales, by a mandatory order, or |
| |
(b) | in Northern Ireland, by an order of mandamus. |
| |
(8) | A direction given under this section may be amended or revoked by Ofqual; |
| 25 |
and subsections (3) to (5) apply to the amendment of a direction as it applies to |
| |
the giving of a direction. |
| |
145 | Power to withdraw recognition |
| |
(1) | Subsection (2) applies if a recognised body has failed to comply with a |
| |
condition to which the recognition is subject. |
| 30 |
(2) | Ofqual may withdraw recognition from the recognised body in respect of the |
| |
award or authentication of a specified qualification or a specified description |
| |
of qualification if it appears to Ofqual that the failure mentioned in |
| |
subsection (1) prejudices or would be likely to prejudice— |
| |
(a) | the proper award or authentication by the body of the qualification or |
| 35 |
a qualification of the description in question, or |
| |
(b) | persons who might reasonably be expected to seek to obtain the |
| |
qualification or a qualification of the description in question. |
| |
(3) | Before withdrawing recognition from a recognised body in any respect Ofqual |
| |
must give notice to the body of its intention to do so. |
| 40 |
| |
(a) | set out Ofqual’s reasons for proposing to withdraw recognition from |
| |
the recognised body in the respect in question, and |
| |
|
| |
|
| |
|
(b) | specify the period during which, and the way in which, the recognised |
| |
body may make representations about the proposal. |
| |
(5) | Ofqual must have regard to any representations made by the recognised body |
| |
during the period specified in the notice in deciding whether to withdraw |
| |
recognition from the body in the respect in question. |
| 5 |
(6) | If Ofqual decides to withdraw recognition from a recognised body Ofqual— |
| |
(a) | must give notice to the body of its decision and of the date on which the |
| |
withdrawal is to take effect, and |
| |
(b) | may make saving or transitional provision. |
| |
(7) | At any time before a withdrawal takes effect Ofqual may vary the date on |
| 10 |
which it is to take effect by giving further notice to the recognised body. |
| |
(8) | Ofqual must establish arrangements for the review, at the request of a |
| |
recognised body, of a decision to withdraw recognition under this section. |
| |
(9) | The arrangements established under subsection (8)— |
| |
(a) | must require the decision on review to be made by a person of |
| 15 |
appropriate seniority who was not involved in the original decision; |
| |
(b) | may require or permit that decision to be made by a person other than |
| |
a member of Ofqual or Ofqual’s staff. |
| |
146 | Qualifications regulatory framework |
| |
(1) | Ofqual must prepare and publish— |
| 20 |
(a) | a statement of how Ofqual intends to perform the monitoring and |
| |
enforcement functions, and |
| |
(b) | guidance to recognised bodies in relation to the award and |
| |
authentication of regulated qualifications. |
| |
(2) | The statement and guidance mentioned in subsection (1) are together referred |
| 25 |
to in this section as “the qualifications regulatory framework”. |
| |
(3) | Guidance under subsection (1)(b) must include guidance for the purpose of |
| |
helping to determine whether or not behaviour complies with the general |
| |
conditions to which a recognition is subject (see section 131). |
| |
(4) | The guidance may in particular specify— |
| 30 |
(a) | descriptions of behaviour which Ofqual considers complies with a |
| |
| |
(b) | descriptions of behaviour which Ofqual considers does not comply |
| |
with a general condition; |
| |
(c) | factors which Ofqual will take into account in determining whether or |
| 35 |
not a recognised body’s behaviour complies with a general condition. |
| |
| |
(a) | may from time to time revise the qualifications regulatory framework, |
| |
| |
(b) | if it does so, must publish the revised version. |
| 40 |
(6) | Before publishing the qualifications regulatory framework or a revised version |
| |
of it, Ofqual must consult such persons as it considers appropriate. |
| |
(7) | A recognised body must have regard to guidance under subsection (1)(b) in |
| |
awarding or authenticating a qualification in respect of which it is recognised. |
| |
|
| |
|
| |
|
(8) | In subsection (1) “the monitoring and enforcement functions” means— |
| |
(a) | Ofqual’s power under section 129(2)(c) (power to impose other |
| |
| |
(b) | Ofqual’s functions under sections 129(3) and 131 (functions in relation |
| |
| 5 |
(c) | Ofqual’s functions under an entry and inspection condition to which a |
| |
recognition is subject (see section 132); |
| |
(d) | Ofqual’s functions under section 135(1) (power to determine that a |
| |
qualification is subject to the accreditation requirement); |
| |
(e) | Ofqual’s functions under sections 142 to 145. |
| 10 |
| |
147 | Review of qualifications to which Part applies |
| |
Ofqual may keep under review all aspects of qualifications to which this Part |
| |
| |
148 | Co-operation and joint working |
| 15 |
(1) | Ofqual may co-operate or work jointly with another public authority where it |
| |
is appropriate to do so for the efficient and effective performance of Ofqual’s |
| |
qualifications functions. |
| |
(2) | “Public authority” includes any person who performs functions (whether or |
| |
not in the United Kingdom) which are of a public nature. |
| 20 |
(3) | In this Chapter “qualifications functions” means functions in connection with |
| |
qualifications to which this Part applies. |
| |
149 | Power to provide information to other qualifications regulators |
| |
(1) | Ofqual may provide information to another qualifications regulator for the |
| |
purpose of enabling or facilitating the performance of a relevant function of the |
| 25 |
| |
(2) | For the purposes of this section— |
| |
(a) | a qualifications regulator is a person who has functions in any part of |
| |
the United Kingdom which are similar to Ofqual’s qualifications |
| |
| 30 |
(b) | a function of a qualifications regulator is relevant function if it is similar |
| |
to a qualifications function of Ofqual. |
| |
(3) | Nothing in this section— |
| |
(a) | affects any power to disclose information that exists apart from this |
| |
| 35 |
(b) | authorises the disclosure of information in contravention of any |
| |
provision made by or under any Act which prevents disclosure of the |
| |
| |
|
| |
|
| |
|
| |
150 | Interpretation of Chapter |
| |
| |
“awarding body” has the meaning given by section 129; |
| |
“entry and inspection condition” has the meaning given by section 132; |
| 5 |
“fee capping condition” has the meaning given by section 132; |
| |
“Northern Ireland-only qualification” has the meaning given by section |
| |
| |
“number of hours of guided learning”, in relation to a qualification, has |
| |
the meaning given by section 139; |
| 10 |
“qualifications functions” has the meaning given by section 148; |
| |
“recognised body” has the meaning given by section 129; |
| |
a “recognition” has the meaning given by section 129. |
| |
(2) | For the purposes of this Chapter a qualification is subject to the accreditation |
| |
requirement if a determination by Ofqual that the qualification, or a |
| 15 |
description of qualification which applies to the qualification, is to be subject |
| |
to that requirement has effect under section 135. |
| |
(3) | For the purposes of this Chapter a qualification is relevant for 2008 Act |
| |
purposes if it falls within section 139(9). |
| |
| 20 |
Functions in relation to assessment arrangements |
| |
Development etc. of regulated assessment arrangements |
| |
151 | NC assessment arrangements: duty to consult Ofqual etc. |
| |
(1) | Section 87 of the Education Act 2002 (c. 32) (establishment of the National |
| |
Curriculum for England by order) is amended as follows. |
| 25 |
(2) | Before subsection (7) insert— |
| |
“(6A) | Before making an order under subsection (3)(c) the Secretary of |
| |
| |
(a) | shall consult the Office of Qualifications and Examinations |
| |
| 30 |
(b) | may consult such other persons as the Secretary of State |
| |
| |
(3) | After subsection (8) insert— |
| |
“(8A) | An order under subsection (3)(c) which includes provision made by |
| |
virtue of subsection (8) shall provide that before making or revising the |
| 35 |
assessment arrangements the person specified in the order— |
| |
(a) | shall consult the Office of Qualifications and Examinations |
| |
| |
(b) | may consult such other persons as that person considers |
| |
| 40 |
|
| |
|
| |
|
(4) | After subsection (12) (as inserted by paragraph 28 of Schedule 12) insert— |
| |
“(12A) | An order under subsection (3)(c) which authorises a person to make |
| |
delegated supplementary provisions shall provide that before making, |
| |
amending or revoking any such provisions the person so authorised— |
| |
(a) | shall consult the Office of Qualifications and Examinations |
| 5 |
| |
(b) | may consult such other persons as that person considers |
| |
| |
152 | EYFS assessment arrangements: duty to consult Ofqual etc. |
| |
(1) | Section 42 of the Childcare Act 2006 (c. 21) (further provisions about |
| 10 |
assessment arrangements) is amended as follows. |
| |
(2) | Before subsection (1) insert— |
| |
“(A1) | Before making a learning and development order specifying |
| |
assessment arrangements the Secretary of State— |
| |
(a) | must consult the Office of Qualifications and Examinations |
| 15 |
| |
(b) | may consult such other persons as the Secretary of State |
| |
| |
(3) | After subsection (3) insert— |
| |
“(3A) | A learning and development order which includes provision made by |
| 20 |
virtue of subsection (3) must provide that before making or revising the |
| |
assessment arrangements the person specified in the order— |
| |
(a) | must consult the Office of Qualifications and Examinations |
| |
| |
(b) | may consult such other persons as that person considers |
| 25 |
| |
(4) | After subsection (6A) (as inserted by paragraph 33 of Schedule 12) insert— |
| |
“(6AA) | A learning and development order which authorises a person to make |
| |
delegated supplementary provisions must provide that before making, |
| |
amending or revoking any such provisions the person so authorised— |
| 30 |
(a) | must consult the Office of Qualifications and Examinations |
| |
| |
(b) | may consult such other persons as that person considers |
| |
| |
Review etc. of regulated assessment arrangements |
| 35 |
153 | Review of regulated assessment arrangements |
| |
(1) | Ofqual must keep under review all aspects of NC assessment arrangements. |
| |
(2) | Ofqual must keep under review all aspects of EYFS assessment arrangements. |
| |
|
| |
|