Law

Apprenticeships, Skills, Children and Learning Act 2009

United Kingdom · statute

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In force since 2026-04-29, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 329 provisions

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329 provisions

118A Directions: consultation

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119 Directions: funding of qualifications

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120 Other directions relating to functions of the office

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120A Territorial application of Part

The functions of the Secretary of State under this Part, other than the functions conferred by section 107, are exercisable in relation to England only.

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120B When functions become exercisable by strategic authorities

The Mayor of London (1) The functions conferred on the Mayor of London by this Part are exercisable by the Mayor in relation to— (a) the academic year beginning with 1 August 2025, and (b) each subsequent academic year. Combined authority or CCA already exercising the functions (2) Subsection (3) applies to a combined authority or CCA if functions conferred on it by this Part are also pre-commencement functions. (3) The functions continue to be exercisable by the combined authority or CCA on and after the commencement day (but as functions conferred by this Part). Other combined authority or CCA (4) Subsection (5) applies to a combined authority or CCA— (a) if functions conferred on it by this Part are not pre-commencement functions; (b) whether the combined authority or CCA was established before, or is established on or after, the commencement day. (5) The functions conferred on the combined authority or CCA by this Part are exercisable by it in relation to— (a) the second academic year to begin after the academic year during which it was, or is, established, and (b) each subsequent academic year. District or county council already exercising the functions (6) Subsection (7) applies to a district council or county council that is a strategic authority if functions conferred on it by this Part are also pre-designation functions. (7) The functions continue to be exercisable by the district council or county council on and after its designation (but as functions conferred by this Part). Other district or county council (8) Subsection (9) applies to a district council or county council that is a strategic authority if functions conferred on it by this Part are not pre-designation functions. (9) The functions conferred on the district council or county council by this Part are exercisable by it in relation to— (a) the second academic year to begin after the academic year during which its designation takes effect, and (b) each subsequent academic year. Interpretation (10) In this section— “academic year” means each period— beginning with 1 August, and ending with the next 31 July; “commencement day” means the day on which the English Devolution and Community Empowerment Act 2026 is passed; “designation”, in relation to a district council or county council that is a strategic authority, means its designation as a single foundation strategic authority; “pre-commencement functions” means functions which were exercisable by a combined authority or CCA immediately before the commencement day by virtue of— an order under Part 6 of the Local Democracy, Economic Development and Construction Act 2009, or regulations under Chapter 2 of Part 1 of the Levelling-up and Regeneration Act 2023; “pre-designation functions” means functions which are exercisable by a district council or county council immediately before its designation, by virtue of regulations under section 16 of the Cities and Local Government Devolution Act 2016.

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121 Interpretation of Part

(1) In this Part— ... “apprenticeship training” has the meaning given by section 83; “approved English apprenticeship” has the meaning given by section A1(2); “approved steps towards occupational competence” has the meaning given by section A2D4; “approved technical education qualification” has the meaning given by section A12; “CCA” means a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023; “combined authority” means a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009; “district council or county council that is a strategic authority” means a district council or county council that is designated as a single foundation strategic authority under section 3 of the English Devolution and Community Empowerment Act 2026; ... “organised leisure-time occupation” has the meaning given by section 86. technical education qualification” has the meaning given by section A12; (2) In this Part a reference to education within the Secretary of State's remit under this Part is a reference to— (a) education falling within section 86(1)(a) or (b), and (b) organised leisure-time occupation in connection with such education. (3) In this Part a reference to training within the Secretary of State's remit under this Part is a reference to— (a) training falling within section 83(1), (aa) training falling within section 83A(1), (b) training falling within section 86(1)(c), and (c) organised leisure-time occupation in connection with training falling within section 86(1)(c). (3A) In this Part a reference to education within strategic authorities’ remit under this Part is a reference to— (a) education falling within section 86(1A)(a), and (b) organised leisure-time occupation in connection with such education. (3B) In this Part a reference to training within strategic authorities’ remit under this Part is a reference to— (a) training falling within section 86(1A)(b)), and (b) organised leisure-time occupation in connection with such training. (4) For the purposes of this Part a person is subject to adult detention if the person is subject to a detention order and— (a) aged 19 or over, or (b) aged under 19 and detained in— (i) a young offender institution, or part of such an institution, that is used wholly or mainly for the detention of persons aged 18 and over, or (ii) a prison.

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122 Sharing of information for education and training purposes

(1) A person within subsection (3) may provide information to another person within that subsection, or a person within subsection (4), for the purpose of enabling or facilitating the exercise of any relevant function. (2) A person within subsection (4) may provide information to a person within subsection (3) for the purpose of enabling or facilitating the exercise of any relevant function. (3) The persons within this subsection are— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the Secretary of State; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) a person providing services to the Secretary of State (fza) a local authority in England exercising functions under Part 4 by virtue of regulations made under section 16(1) of the Cities and Local Government Devolution Act 2016; (fzb) a person providing services to a local authority in England in connection with functions exercisable by the local authority under Part 4 by virtue of regulations made under section 16(1) of the Cities and Local Government Devolution Act 2016; (fa) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; (fb) a person providing services to a combined authority; (fc) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; (fd) a person providing services to a combined county authority; (fe) the Mayor of London; (ff) a person providing services to the Mayor of London; (fg) the Greater London Authority; (fh) a person providing services to the Greater London Authority; (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The persons within this subsection are— (a) a local authority in England; (b) a person providing services to a local authority in England in connection with a relevant function of the authority . (5) In this section, “relevant function” means— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) any function of the Secretary of State relating to education or training, ... (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) any education function of a local authority in England, ... (d) any function of a combined authority under Part 4, (e) any function of a combined county authority under Part 4, (f) any function of the Mayor of London under Part 4, (g) any function of the Greater London Authority under Part 4, or other than a function under this section. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Nothing in this section— (a) affects any power to disclose information that exists apart from this section, or (b) authorises the disclosure of any information in contravention of any provision made by or under any Act which prevents disclosure of the information.

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123 Dissolution of the Learning and Skills Council for England

(1) The Learning and Skills Council for England ceases to exist on the day on which this section comes into force. (2) Schedule 6 contains minor and consequential amendments in relation to the dissolution of the Learning and Skills Council for England.

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124 Dissolution of the Learning and Skills Council: transfer schemes

Schedule 7 contains provision about schemes for the transfer of staff, property, rights and liabilities from the Learning and Skills Council for England to other persons.

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125 Sixth form college sector

Schedule 8 makes provision about the sixth form college sector.

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126 Removal of power to establish sixth form schools

(1) In section 16 of the Education Act 1996 (c. 56) (power to establish etc. primary and secondary schools) after subsection (3) insert— (3A) A local authority in England may not under subsection (1) establish a school which is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under 19. (2) The Education and Inspections Act 2006 (c. 40) is amended as follows. (3) In section 7 (invitation for proposals for establishment of new schools) after subsection (5) insert— (5A) A local authority may not publish under this section proposals within subsection (5)(b) for the establishment of a school providing education suitable only to the requirements of persons above compulsory school age. (4) In section 10 (publication of proposals with consent of Secretary of State) in subsection (1)(a) after “school” insert “ , other than one providing education suitable only to the requirements of persons above compulsory school age ”. (5) In section 11 (publication of proposals to establish maintained schools: special cases) omit subsections (1)(b) and (2)(a).

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127 The Office of Qualifications and Examinations Regulation

(1) There is to be a body corporate known as the Office of Qualifications and Examinations Regulation. (2) In this Part that body is referred to as “Ofqual”. (3) Schedule 9 makes further provision about Ofqual.

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128 Objectives

(1) Ofqual's objectives are— (a) the qualifications standards objective, (b) the assessments standards objective, (c) the public confidence objective, (d) the awareness objective, and (e) the efficiency objective. (2) The qualifications standards objective is to secure that— (a) regulated qualifications give a reliable indication of knowledge, skills and understanding, and (b) regulated qualifications indicate — (i) a consistent level of attainment (including over time) between comparable regulated qualifications, and (ii) a consistent level of attainment (but not over time) between regulated qualifications and comparable qualifications (including those awarded outside the United Kingdom) which are not qualifications to which this Part applies. (3) The assessments standards objective is to promote the development and implementation of regulated assessment arrangements which— (a) give a reliable indication of achievement, and (b) indicate a consistent level of attainment (including over time) between comparable assessments. (4) The public confidence objective is to promote public confidence in regulated qualifications and regulated assessment arrangements. (5) The awareness objective is to promote awareness and understanding of— (a) the range of regulated qualifications available, (b) the benefits of regulated qualifications to learners, employers and institutions within the higher education sector, and (c) the benefits of recognition under section 132 to bodies awarding or authenticating qualifications to which this Part applies. (6) The efficiency objective is to secure that regulated qualifications are provided efficiently and in particular that any relevant sums payable to a body awarding or authenticating a qualification in respect of which the body is recognised under section 132 represent value for money. (7) For the purposes of subsection (6) a sum is relevant if it is payable in respect of the award or authentication of the qualification in question.

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129 General duties

(1) So far as reasonably practicable, in performing its functions Ofqual must act in a way— (a) which is compatible with its objectives, and (b) which it considers most appropriate for the purpose of meeting its objectives. (2) So far as relevant, in performing its functions Ofqual must have regard to— (a) the need to ensure that the number of regulated qualifications available for award or authentication is appropriate; (b) the other reasonable requirements of relevant learners, including persons with special educational needs or additional learning needs; (c) the reasonable requirements of pupils and children, including persons with special educational needs or additional learning needs, in relation to regulated assessment arrangements; (d) the reasonable requirements of industry, commerce, finance, the professions and other employers regarding education and training (including required standards of practical competence); (e) the reasonable requirements of institutions within the higher education sector; (f) information provided to Ofqual by a person falling within subsection (4); (g) the desirability of facilitating innovation in connection with the provision of regulated qualifications; (h) the specified purposes of regulated assessment arrangements. (3) For the purposes of subsection (2)(a) the number of regulated qualifications available for award or authentication is appropriate if the number is such that— (a) there is a reasonable level of choice for learners, in terms of both the number of different regulated qualifications and the number of different forms of such qualifications, but (b) the number of different regulated qualifications in similar subject areas or serving similar functions is not excessive. (4) The persons falling within this subsection are— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) Her Majesty's Chief Inspector of Education, Children's Services and Skills; (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). (6) In performing its functions Ofqual must also have regard to such aspects of government policy as the Secretary of State may direct. (7) The Secretary of State must publish a direction given under subsection (6). (8) Ofqual must perform its functions efficiently and effectively. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) “Relevant learner” means a person seeking to obtain, or who may reasonably be expected to seek to obtain, a regulated qualification.

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130 Meaning of “regulated qualifications” etc.

(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 132 in respect of the qualification. (2) This Part applies to any of the following qualifications which is not an excluded qualification— (a) an academic or vocational qualification awarded or authenticated in England; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) An excluded qualification is any of the following— (a) a foundation degree; (b) a first degree; (c) a degree at a higher level. (4) For the purposes of subsection (2) a qualification is awarded or authenticated in England ... if there are, or may reasonably be expected to 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 .... (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 consult the Department for Employment and Learning in Northern Ireland.

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131 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 (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 purposes. (4) In subsection (3)— “assessing” includes testing; “key stage” has the same meaning as in Part 6 of the Education Act 2002 (c. 32) (see section 76 of that Act). (5) “EYFS assessment arrangements” means arrangements made under or by 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; (b) if the arrangements are EYFS assessment arrangements, has the same meaning as in section 41(2)(c) of the Childcare Act 2006.

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132 Recognition

(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 question, and (b) the body meets the applicable criteria for recognition most recently published under section 133. (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. (3) A recognition— (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 (d) is subject to such other conditions that Ofqual may impose at the time of recognition or later. (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 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 under section 139. (6) Ofqual may not charge an awarding body in respect of recognition. (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 134 which are applicable to the recognition and the body. (9) 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; “recognised body” means an awarding body recognised under this section; a “recognition” means a recognition under this section. (10) See section 35 of the Qualifications Wales Act 2015 for provision about the effect of conditions imposed by or under this section, in respect of or for the purposes of the award in Wales by an awarding body of a form of a qualification awarded as an approved qualification (for which see section 22(4) of that Act).

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133 Criteria for recognition

(1) Ofqual must set and publish the criteria for recognition under section 132. (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; (c) recognition in respect of credits in respect of different components of qualifications or different descriptions of components of qualifications. (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 considers appropriate.

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134 General conditions of recognition

(1) Ofqual must set and publish the general conditions to which a recognition is to 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; (c) recognition in respect of credits in respect of different components of 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.

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135 Other conditions of recognition

(1) The conditions of recognition that Ofqual may impose under section 132(3)(d) include in particular— (a) fee capping conditions; (b) entry and inspection conditions. (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. (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 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.

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136 Fee capping conditions: supplementary

(1) Ofqual may impose a fee capping condition limiting the amount of a particular fee only if satisfied that the limit is necessary in order to secure value for money. (2) Before imposing a fee capping condition in respect of a recognition Ofqual must give notice to the recognised body of its intention to do so. (3) 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 body may make representations about the proposal. (4) 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. (5) Ofqual must establish arrangements (the “review arrangements”) for the review, at the request of a recognised body, of a decision to impose a fee capping condition. (6) The review arrangements must require the decision on review to be made by a person within subsection (7). (7) A person within this subsection is one who— (a) appears to Ofqual to have skills likely to be relevant to decisions to impose fee capping conditions, and (b) is independent of Ofqual. (8) A person is independent of Ofqual for the purposes of subsection (7) if the person is— (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. (9) 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 the review arrangements, and (b) the completion of any review requested under those arrangements. (10) Ofqual must, in performing its functions in relation to fee capping conditions, have regard to any guidance given by the Secretary of State. (11) The Secretary of State must publish any guidance given under subsection (10).

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137 Entry and inspection conditions: supplementary

(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, (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. (3) An entry and inspection condition may require an authorised person to be 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).

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138 Qualifications subject to the accreditation requirement

(1) Ofqual may determine that a specified qualification, or description of qualification, to which this Part applies is subject to the accreditation requirement. (1ZA) But Ofqual may not make a determination under subsection (1) in relation to a technical education qualification within subsection (1A) unless the Secretary of State has notified it that it may do so. (1A) A technical education qualification is within this subsection if— (a) it is an approved technical education qualification, or (b) the Secretary of State— (i) has notified Ofqual that the Secretary of State is considering whether or not to approve the qualification as an approved technical education qualification, and (ii) has not notified Ofqual of the Secretary of State’s decision. (2) A determination under subsection (1) may provide that a qualification or description of qualification is subject to the accreditation requirement— (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 revise a determination made under 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 as it considers appropriate, and (b) if the determination falls within subsection (2)(b), consult the awarding body in question. (7) Where the Secretary of State has notified Ofqual under subsection (1A)(b)(i) that the Secretary of State is considering whether or not to approve the qualification, the Secretary of State must also notify Ofqual of the Secretary of State’s decision. (8) In this section— ... “approved technical education qualification” and “technical education qualification” have the meanings given by section A12(1).

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139 Accreditation

(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 (b) that form of the qualification meets the applicable criteria for accreditation most recently published under section 140. (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 the qualification. (3) An accreditation under this section has effect from such date as Ofqual may specify. (4) Ofqual may not charge a recognised body in respect of accreditation under this section. (5) If Ofqual refuses an application for accreditation it must provide the recognised body with a statement setting out the reasons for its decision.

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140 Criteria for accreditation

(1) Ofqual must set and publish the criteria for accreditation under section 139. (2) Different criteria may be set for the accreditation of different qualifications or different descriptions of qualifications. (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 considers appropriate. (6) If Ofqual revises the criteria under this section which are applicable to a form of a qualification which is accredited under section 139, 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 date. (8) Ofqual may determine that subsection (6) does not apply in relation to a specified revision. (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 subsection (6).

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141 Power to specify minimum requirements

(1) The Secretary of State may by order specify minimum requirements in respect of a specified qualification, or description of qualification, to which this section applies. (2) But the Secretary of State may make an order under subsection (1) only if satisfied that it is necessary to do so for the purpose of ensuring that the curriculum studied by persons taking a course leading to the qualification, or a qualification of the description, is appropriate, having regard to the likely ages of those persons. (3) This section applies to a qualification, or description of qualification, if— (a) the qualification, or each qualification of the description, is one to which this Part applies, and (b) the condition in subsection (4) is met in relation to the qualification or each qualification of the description. (4) The condition is that— (a) one or more forms of the qualification is (or are) approved under section 98 of the Learning and Skills Act 2000 (c. 21), or (b) the Secretary of State reasonably expects approval under that section to be sought for one or more forms of the qualification. (5) 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 qualification or a qualification of the description.

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142 Consultation before making order specifying minimum requirements

(1) Before making an order under section 141(1) the Secretary of State must consult Ofqual and such other persons as the Secretary of State considers appropriate. (2) For the purposes of consulting under subsection (1) the Secretary of State must publish a document setting out— (a) the grounds on which the Secretary of State is satisfied of the matter specified in section 141(2), (b) the proposed minimum requirements, and (c) the Secretary of State's reasons for proposing those minimum requirements. (3) The Secretary of State must provide a copy of the document to Ofqual and any other persons the Secretary of State proposes to consult under subsection (1).

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143 Effect of order specifying minimum requirements

(1) This section applies in relation to a qualification or description of qualification in respect of which minimum requirements specified in an order under section 141(1) have effect. (2) Ofqual must perform its functions under sections 133, 134 and 140 in relation to the qualification or description of qualification in a way which secures that the minimum requirements in respect of the qualification or description of qualification are met. (3) But Ofqual is not required to comply with the duty imposed by subsection (2) if it appears to Ofqual that complying with that duty would result in the level of attainment (in terms of depth of knowledge, skills or understanding) indicated by the qualification or description of qualification not being consistent with that indicated by comparable regulated qualifications.

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144 Revocation and amendment of orders specifying minimum requirements

(1) Subsection (2) applies if— (a) the Secretary of State has made an order under section 141(1) in respect of a qualification or description of qualification, and (b) the qualification or description of qualification ceases to be one to which section 141 applies. (2) The Secretary of State may by order— (a) revoke the order, or (b) amend it for the purpose of removing the qualification or description of qualification from the application of the order. (3) Subsections (1) and (2) do not affect the power of the Secretary of State to revoke or amend an order under section 141(1) in other circumstances. (4) Sections 141(2) and 142 do not apply to an order— (a) revoking an order under section 141(1), or (b) amending an order under section 141(1) for the purpose only of removing a qualification or description of qualification from the application of the order.

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145 Assignment of number of hours of guided learning

(1) A recognised body may only award or authenticate a particular form of a qualification in respect of which it is recognised if Condition 1 or 2 is met. (2) Condition 1 is met if the recognised body determines that the qualification is not relevant for 2008 Act purposes. (3) Condition 2 is met if— (a) the recognised body determines that the qualification is relevant for 2008 Act purposes, and (b) the body assigns to the particular form of the qualification a number of hours of guided learning. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) A recognised body must apply the applicable criteria then in force under section 146 when determining— (a) whether or not a qualification is relevant for 2008 Act purposes, and (b) in respect of a qualification which the body has determined is relevant for those purposes, a number of hours of guided learning to assign to a form of the qualification. (6) If revised criteria come into force under section 146, a recognised body must review any determination it has made under this section. (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. (8) If under subsection (7)(b) Ofqual requires a recognised body to revise a determination that a 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 a form of the qualification awarded or authenticated by the recognised body a number of hours of guided learning, and (b) if it does so, the recognised body is to be treated as having determined to assign that number of hours of guided learning to that form of the qualification. (9) For the purposes of this Chapter a qualification is relevant for 2008 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 form of a 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 that form of the qualification. (11) In subsection (10) “actual guided learning” means time a person spends— (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, whether at home or otherwise. (12) Section 172(2)(a) does not apply for the purposes of this section.

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146 Criteria for assignment of number of hours of guided learning

(1) Ofqual must set and publish criteria for determining— (a) whether a qualification is relevant for 2008 Act purposes, and (b) in respect of a qualification which a recognised body has determined is relevant for those purposes, the number of hours of guided learning that should be assigned to a form of the qualification. (2) Different criteria may be set for determinations in relation to different qualifications or different descriptions of qualifications. (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 considers appropriate.

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147 Surrender of recognition

(1) A recognised body may give notice to Ofqual that it wishes to cease to be recognised in respect of the award or authentication of a specified qualification or description of qualification. (2) As soon as reasonably practicable after receipt of a notice under subsection (1) Ofqual must give notice to the recognised body of the date on which the body is to cease to be recognised in the respect in question (“the surrender date”). (3) At any time before the surrender date Ofqual may vary that date by giving further notice to the recognised body. (4) In deciding or varying the surrender date Ofqual must have regard to the need to avoid prejudicing persons who are seeking, or might reasonably be expected to seek, to obtain the qualification, or a qualification of the description, specified in the notice under subsection (1). (5) Ofqual may make saving or transitional provision in connection with a recognised body ceasing to be recognised in any respect by virtue of this section.

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148 Register

(1) Ofqual must maintain and publish a register containing the following information in relation to each recognised body— (a) the qualifications in respect of which it is recognised, (b) the forms of those qualifications which are awarded or authenticated by it, and (c) if the recognised body has determined under section 145 that any of those qualifications is relevant for 2008 Act purposes, the number of hours of guided learning it has assigned to each form of the qualification awarded or authenticated by it. (2) The register may include such other information as Ofqual considers appropriate.

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149 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 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.

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150 Investigation of complaints

(1) Ofqual may investigate, or make arrangements for the investigation of, 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— (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.

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151 Power to give directions

(1) Subsection (2) applies if it appears to Ofqual that a recognised body has failed or is likely to fail to comply with a condition to which the recognition is subject. (2) Ofqual may direct the recognised body to take or refrain from taking specified 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. (4) The notice must— (a) set out Ofqual's reasons for proposing to give the direction, 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 give a direction to the body. (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, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) A direction given under this section may be amended or revoked by Ofqual; and subsections (3) to (5) apply to the amendment of a direction as they apply to the giving of a direction.

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151A Power to impose monetary penalties

(1) Subsection (2) applies if it appears to Ofqual that a recognised body has failed to comply with a condition to which the recognition is subject. (2) Ofqual may impose a monetary penalty on the recognised body. (3) A “monetary penalty” is a requirement to pay to Ofqual a penalty of an amount determined by Ofqual in accordance with section 151B. (4) Before imposing a monetary penalty on a recognised body, Ofqual must give notice to the body of its intention to do so. (5) The notice must— (a) set out Ofqual's reasons for proposing to impose the penalty, and (b) specify the period during which, and the way in which, the recognised body may make representations about the proposal. (6) The period specified under subsection (5)(b) must not be less than 28 days beginning with the date on which the notice is received. (7) Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to impose a monetary penalty on the body. (8) If Ofqual decides to impose a monetary penalty on the body, it must give the body a notice containing information as to— (a) the grounds for imposing the penalty, (b) how payment may be made, (c) the period within which payment is required to be made (which must not be less than 28 days), (d) rights of appeal, (e) the period within which an appeal may be made, and (f) the consequences of non-payment.

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151B Monetary penalties: amount

(1) The amount of a monetary penalty imposed on a recognised body under section 151A must not exceed 10% of the body's turnover. (2) The turnover of a body for the purposes of subsection (1) is to be determined in accordance with an order made by the Secretary of State. (3) Subject to subsection (1), the amount may be whatever Ofqual decides is appropriate in all the circumstances of the case.

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151C Monetary penalties: appeals

(1) A recognised body may appeal to the First-tier Tribunal against— (a) a decision to impose a monetary penalty on the body under section 151A; (b) a decision as to the amount of the penalty. (2) An appeal under this section may be made on the grounds— (a) that the decision was based on an error of fact; (b) that the decision was wrong in law; (c) that the decision was unreasonable. (3) The requirement to pay the penalty is suspended pending the determination of an appeal under this section. (4) On an appeal under this section the Tribunal may— (a) withdraw the requirement to pay the penalty; (b) confirm that requirement; (c) vary that requirement; (d) take such steps as Ofqual could take in relation to the failure to comply giving rise to the decision to impose the requirement; (e) remit the decision whether to confirm the requirement to pay the penalty, or any matter relating to that decision, to Ofqual.

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151D Monetary penalties: interest and recovery

(1) This section applies if all or part of a monetary penalty imposed on a recognised body is unpaid at the end of the period ending on the applicable date. (2) The applicable date is— (a) the last date on which the recognised body may make an appeal under section 151C in respect of the penalty, if no such appeal is made; (b) if an appeal under section 151C in respect of the penalty is made— (i) the date on which the appeal is determined, or (ii) if the appeal is withdrawn before being determined, the date on which the appeal is withdrawn. (3) The unpaid amount of the penalty for the time being carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section). (4) The total amount of interest imposed under subsection (3) must not exceed the amount of the penalty. (5) Ofqual may recover from the body, as a civil debt due to it, the unpaid amount of the penalty and any unpaid interest.

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