|
| |
|
(c) | such other relevant persons, or relevant persons of such a description, |
| |
as the Secretary of State may direct. |
| |
(5) | In subsection (4)(c) “relevant person” means a person who appears to the |
| |
Secretary of State to have knowledge of, or expertise in, requirements of a kind |
| |
mentioned in subsection (2)(d). |
| 5 |
(6) | In performing its functions Ofqual must also have regard to such aspects of |
| |
government policy as the Secretary of State may direct. |
| |
(7) | Ofqual must perform its functions efficiently and effectively. |
| |
(8) | “Persons with learning difficulties” means— |
| |
(a) | children with special educational needs (as defined in section 312 of the |
| 10 |
Education Act 1996 (c. 56)), and |
| |
| |
(i) | have a significantly greater difficulty in learning than the |
| |
majority of persons of their age, or |
| |
(ii) | have a disability which either prevents or hinders them from |
| 15 |
making use of educational facilities of a kind generally |
| |
provided for persons of their age. |
| |
(9) | But a person is not to be taken to have a learning difficulty solely because the |
| |
language (or form of language) in which the person is or will be taught is |
| |
different from a language (or form of language) which has at any time been |
| 20 |
spoken in the person’s home. |
| |
(10) | “Relevant learner” means a person seeking to obtain, or who may reasonably |
| |
be expected to seek to obtain, a regulated qualification. |
| |
Regulated qualifications and regulated assessment arrangements |
| |
128 | Meaning of “regulated qualifications” etc. |
| 25 |
(1) | In this Part a “regulated qualification” means a qualification to which this Part |
| |
applies which is awarded or authenticated by a body which is recognised |
| |
under section 130 in respect of the qualification. |
| |
(2) | This Part applies to any of the following qualifications which is not an excluded |
| |
| 30 |
(a) | an academic or vocational qualification awarded or authenticated in |
| |
| |
(b) | a vocational qualification awarded or authenticated in Northern |
| |
| |
(3) | An excluded qualification is a qualification awarded or authenticated by an |
| 35 |
institution within the higher education sector— |
| |
(a) | at foundation degree level or any comparable level, or |
| |
(b) | at first degree level, or any comparable or higher level. |
| |
(4) | For the purposes of subsection (2) a qualification is awarded or authenticated |
| |
in England or Northern Ireland if there are, or may reasonably be expected to |
| 40 |
be, persons seeking to obtain the qualification who are, will be or may |
| |
reasonably be expected to be assessed for those purposes wholly or mainly in |
| |
England or Northern Ireland (as the case may be). |
| |
|
| |
|
| |
|
(5) | The Secretary of State may by order repeal subsection (2)(b). |
| |
(6) | An order under subsection (5) may make amendments and repeals to a |
| |
provision of, or in an instrument made under, this or any other Act (including |
| |
any Act passed after this Act) in consequence of the repeal of subsection (2)(b). |
| |
(7) | Before making an order under subsection (5) the Secretary of State must |
| 5 |
consult the Department for Employment and Learning in Northern Ireland. |
| |
129 | Meaning of “regulated assessment arrangements” etc. |
| |
(1) | This section applies for the purposes of this Part. |
| |
(2) | “Regulated assessment arrangements” means— |
| |
(a) | NC assessment arrangements, and |
| 10 |
(b) | EYFS assessment arrangements. |
| |
(3) | “NC assessment arrangements” means arrangements made under or by virtue |
| |
of an order made under section 87(3)(c) of the Education Act 2002 (c. 32) for |
| |
assessing pupils in England in respect of each key stage for the specified |
| |
| 15 |
| |
“assessing” includes testing; |
| |
“key stage” has the same meaning as in Part 6 of the Education Act 2002 |
| |
(see section 76 of that Act). |
| |
(5) | “EYFS assessment arrangements” means arrangements made under or by |
| 20 |
virtue of an order made under section 39(1)(a) of the Childcare Act 2006 (c. 21) |
| |
for assessing children in England for the specified purposes. |
| |
(6) | “The specified purposes” in relation to regulated assessment arrangements— |
| |
(a) | if the arrangements are NC assessment arrangements, has the same |
| |
meaning as in section 76(1) of the Education Act 2002; |
| 25 |
(b) | if the arrangements are EYFS assessment arrangements, has the same |
| |
meaning as in section 41(2)(c) of the Childcare Act 2006. |
| |
| |
Functions in relation to qualifications |
| |
Recognition of awarding bodies |
| 30 |
| |
(1) | Ofqual must recognise an awarding body in respect of the award or |
| |
authentication of a specified qualification, or description of qualification, to |
| |
which this Part applies if — |
| |
(a) | the awarding body has applied for recognition in the respect in |
| 35 |
| |
(b) | the body meets the applicable criteria for recognition most recently |
| |
published under section 131. |
| |
(2) | Ofqual may not recognise an awarding body if the requirements set out in |
| |
paragraphs (a) and (b) of subsection (1) are not met by the body. |
| 40 |
|
| |
|
| |
|
| |
(a) | has effect from such date as Ofqual may specify, |
| |
(b) | is subject to the general conditions, |
| |
(c) | if in respect of a qualification subject to the accreditation requirement, |
| |
is subject to an accreditation condition, and |
| 5 |
(d) | is subject to such other conditions that Ofqual may impose at the time |
| |
| |
(4) | But Ofqual may, at the time of recognition or later, determine that a specified |
| |
recognition is not to be subject to a specified general condition. |
| |
(5) | An accreditation condition in respect of a qualification subject to the |
| 10 |
accreditation requirement is a condition requiring that the recognised body |
| |
may award or authenticate a particular form of the qualification only if, at the |
| |
time of the award or authentication, that form of the qualification is accredited |
| |
| |
(6) | Ofqual may not charge an awarding body in respect of recognition. |
| 15 |
(7) | If Ofqual refuses an application for recognition it must provide the awarding |
| |
body with a statement setting out the reasons for its decision. |
| |
(8) | In this section “the general conditions”, in respect of a recognition of an |
| |
awarding body, means the general conditions for the time being in force under |
| |
section 132 which are applicable to the recognition and the body. |
| 20 |
| |
“awarding body” means a person who awards or authenticates, or who |
| |
proposes to award or authenticate, a qualification to which this Part |
| |
| |
“recognised body” means an awarding body recognised under this |
| 25 |
| |
a “recognition” means a recognition under this section. |
| |
131 | Criteria for recognition |
| |
(1) | Ofqual must set and publish the criteria for recognition under section 130. |
| |
(2) | Different criteria may be set for— |
| 30 |
(a) | recognition of different descriptions of awarding bodies; |
| |
(b) | recognition in respect of different qualifications or different |
| |
descriptions of qualifications; |
| |
(c) | recognition in respect of credits in respect of different components of |
| |
qualifications or different descriptions of components of qualifications. |
| 35 |
(3) | Ofqual may 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 |
| |
| |
132 | General conditions of recognition |
| 40 |
(1) | Ofqual must set and publish the general conditions to which a recognition is to |
| |
| |
|
| |
|
| |
|
(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; |
| |
(c) | recognition in respect of credits in respect of different components of |
| 5 |
qualifications or different descriptions of components of qualifications. |
| |
(3) | Ofqual may 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. |
| 10 |
133 | Other conditions of recognition |
| |
(1) | The conditions of recognition that Ofqual may impose under section 130(3)(d) |
| |
| |
(a) | fee capping conditions; |
| |
(b) | entry and inspection conditions. |
| 15 |
(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 |
| |
| |
(b) | the provision of any other service in relation to such a qualification. |
| 20 |
(3) | Entry and inspection conditions are conditions requiring permission to enter |
| |
premises for the purposes of inspecting and copying documents so far as |
| |
| |
(a) | to satisfy itself that the appropriate standards are being maintained by |
| |
a recognised body in relation to the award or authentication of any |
| 25 |
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. |
| |
134 | Fee capping conditions: supplementary |
| |
(1) | Before imposing a fee capping condition in respect of a recognition Ofqual |
| 30 |
must give notice to the recognised body of its intention to do so. |
| |
| |
(a) | set out Ofqual’s reasons for proposing to impose the fee capping |
| |
| |
(b) | specify the period during which, and the way in which, the recognised |
| 35 |
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 |
| |
| |
(4) | Ofqual must establish arrangements (the “review arrangements”) for the |
| 40 |
review, at the request of a recognised body, of a decision to impose a fee |
| |
| |
(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; |
| |
(b) | may require or permit that decision to be made by— |
| |
(i) | an individual other than a member of Ofqual or Ofqual’s staff, |
| |
| 5 |
(ii) | a body none of whose members is a member of Ofqual or |
| |
| |
(6) | A decision to impose a fee capping condition must not take effect before the |
| |
| |
(a) | the expiry of the period during which a review can be requested under |
| 10 |
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 by the Secretary of State. |
| |
135 | Entry and inspection conditions: supplementary |
| 15 |
(1) | An entry and inspection condition requires permission to enter premises to be |
| |
| |
(a) | the premises in question are not used as a private dwelling, |
| |
(b) | the entry is to be by an authorised person, |
| |
(c) | reasonable notice has been given to the recognised body in question, |
| 20 |
| |
(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. |
| |
(3) | An entry and inspection condition may require an authorised person to be |
| 25 |
given permission to do anything that a person authorised by a provision of Part |
| |
1 of the Education Act 2005 (c. 18) to inspect documents could do by virtue of |
| |
section 58 of that Act (computer records). |
| |
Accreditation of certain qualifications |
| |
136 | Qualifications subject to the accreditation requirement |
| 30 |
(1) | Ofqual may determine that a specified qualification, or description of |
| |
qualification, to which this Part applies is subject to the accreditation |
| |
| |
(2) | A determination under subsection (1) may provide that a qualification or |
| |
description of qualification is subject to the accreditation requirement— |
| 35 |
| |
(b) | for the purposes of award or authentication by a specified awarding |
| |
| |
(3) | Ofqual must publish a determination falling within subsection (2)(a). |
| |
(4) | Ofqual may revise a determination made under subsection (1). |
| 40 |
(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 |
| |
as it considers appropriate, and |
| |
(b) | if the determination falls within subsection (2)(b), consult the awarding |
| |
| 5 |
| |
(1) | Where a qualification is subject to the accreditation requirement Ofqual must |
| |
accredit a particular form of the qualification if— |
| |
(a) | that form of the qualification has been submitted for accreditation by a |
| |
recognised body which is recognised in respect of the qualification, and |
| 10 |
(b) | that form of the qualification meets the applicable criteria for |
| |
accreditation most recently published under section 138. |
| |
(2) | Ofqual may not accredit a form of a qualification if the requirements set out in |
| |
paragraphs (a) and (b) of subsection (1) are not met in respect of that form of |
| |
| 15 |
(3) | An accreditation under this section has effect from such date as Ofqual may |
| |
| |
(4) | Ofqual may not charge a recognised body in respect of accreditation under this |
| |
| |
(5) | If Ofqual refuses an application for accreditation it must provide the |
| 20 |
recognised body with a statement setting out the reasons for its decision. |
| |
138 | Criteria for accreditation |
| |
(1) | Ofqual must set and publish the criteria for accreditation under section 137. |
| |
(2) | Different criteria may be set for the accreditation of different qualifications or |
| |
different descriptions of qualifications. |
| 25 |
(3) | Ofqual may 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 |
| |
| |
(6) | If Ofqual revises the criteria under this section which are applicable to a form |
| 30 |
of a qualification which is accredited under section 137, the accreditation |
| |
ceases to have effect on the date specified by Ofqual. |
| |
(7) | Ofqual may vary the date specified under subsection (6) at any time before the |
| |
| |
(8) | Ofqual may determine that subsection (6) does not apply in relation to a |
| 35 |
| |
(9) | Ofqual must publish a determination made under subsection (8). |
| |
(10) | Ofqual may make saving or transitional provision in connection with the |
| |
accreditation of a form of a qualification ceasing to have effect under |
| |
| 40 |
|
| |
|