(1) Subsection (2) applies if a recognised body has failed to comply with a condition to which the recognition is subject.
(2) Ofqual may withdraw recognition from the recognised body in respect of the award or authentication of—
(a) a specified qualification or description of qualification in respect of which the body is recognised, or
(b) every qualification or description of qualification in respect of which the body is recognised.
(3) Before withdrawing recognition from a recognised body in any respect 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 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.
(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 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) must require the decision on review to be made by a person who is independent of Ofqual.
(10) A person is independent of Ofqual for the purposes of subsection (9) 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.
(1) Ofqual may, by notice, require a recognised body on which a sanction has been imposed to pay the costs incurred by Ofqual in relation to imposing the sanction, up to the time it is imposed.
(2) The references in subsection (1) to imposing a sanction are to—
(a) giving a direction under section 151;
(b) imposing a monetary penalty under section 151A;
(c) withdrawing recognition under section 152.
(3) “Costs” includes in particular—
(a) investigation costs;
(b) administration costs;
(c) costs of obtaining expert advice (including legal advice).
(4) A notice given to a recognised body under subsection (1) must contain information as to—
(a) the amount required to be paid,
(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.
(5) The body may require Ofqual to provide a detailed breakdown of the amount specified in the notice.
(1) A recognised body may appeal to the First-tier Tribunal against—
(a) a decision under section 152A(1) to require the body to pay costs;
(b) a decision as to the amount of those costs.
(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 costs 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 costs;
(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 costs, or any matter relating to that decision, to Ofqual.
(1) This section applies if all or part of an amount of costs that a recognised body is required to pay under section 152A(1) 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 152B in respect of the costs, if no such appeal is made;
(b) if an appeal under section 152B in respect of the costs 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 costs 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 costs.
(5) Ofqual may recover from the body, as a civil debt due to it, the unpaid amount of the costs and any unpaid interest.
(1) Ofqual must prepare and publish—
(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 qualifications in respect of which they are recognised.
(2) The statement and guidance mentioned in subsection (1) are together referred 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 134).
(4) The guidance may in particular specify—
(a) descriptions of behaviour which Ofqual considers complies with a general condition;
(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 not a recognised body's behaviour complies with a general condition.
(5) Ofqual—
(a) may revise the qualifications regulatory framework, and
(b) if it does so, must publish the revised version.
(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 132(3)(d) (power to impose other conditions);
(b) Ofqual's functions under sections 132(4) and 134 (functions in relation to general conditions);
(c) Ofqual's functions under an entry and inspection condition to which a recognition is subject (see section 135);
(d) Ofqual's functions under section 138(1) (power to determine that a qualification is subject to the accreditation requirement);
(e) Ofqual's functions under sections 149 to 152C .
(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 any 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.
(3) In this Chapter “qualifications functions” means functions in connection with qualifications to which this Part applies.
157 Power to provide information to qualifications regulators
(1) Ofqual may provide information to a qualifications regulator for the purpose of enabling or facilitating the performance of a relevant function of the regulator.
(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 functions, and
(b) a function of a qualifications regulator is a relevant function if it is similar to any of the qualifications functions of Ofqual.
(3) Nothing in this section—
(a) affects any power to disclose information that exists apart from this section, or
(b) authorises the disclosure of information in contravention of any provision made by or under any Act which prevents disclosure of the information.
(1) In this Chapter—
“awarding body” has the meaning given by section 132;
“entry and inspection condition” has the meaning given by section 135;
“fee capping condition” has the meaning given by section 135;
...
“number of hours of guided learning”, in relation to a form of a qualification, has the meaning given by section 145;
“qualifications functions” has the meaning given by section 156;
“recognised body” has the meaning given by section 132;
a “recognition” has the meaning given by section 132.
(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 description of qualification which applies to the qualification, is to be subject to that requirement has effect under section 138.
(3) For the purposes of this Chapter a qualification is relevant for 2008 Act purposes if it falls within section 145(9).
159 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.
(2) Before subsection (7) insert—
(6A) Before making an order under subsection (3)(c) the Secretary of State—
(a) shall consult the Office of Qualifications and Examinations Regulation, and
(b) may consult such other persons as the Secretary of State considers appropriate.
(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 assessment arrangements the person specified in the order—
(a) shall consult the Office of Qualifications and Examinations Regulation, and
(b) may consult such other persons as that person considers appropriate.
(4) After subsection (12) (as inserted by paragraph 35 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 Regulation, and
(b) may consult such other persons as that person considers appropriate.
160 EYFS assessment arrangements: duty to consult Ofqual etc.
(1) Section 42 of the Childcare Act 2006 (c. 21) (further provisions about 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 Regulation, and
(b) may consult such other persons as the Secretary of State considers appropriate.
(3) After subsection (3) insert—
(3A) A learning and development order which includes provision made by 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 Regulation, and
(b) may consult such other persons as that person considers appropriate.
(4) After subsection (6A) (as inserted by paragraph 40 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—
(a) must consult the Office of Qualifications and Examinations Regulation, and
(b) may consult such other persons as that person considers appropriate.
(1) Ofqual must keep under review all aspects of NC assessment arrangements.
(2) Ofqual must keep under review all aspects of EYFS assessment arrangements.
(1) Ofqual may at any time require a person falling within subsection (2) to provide it with any information which Ofqual considers it necessary or expedient to have for the purposes of, or in connection with, the performance by Ofqual of its function under section 161(1).
(2) The persons are—
(a) the Secretary of State;
(b) an NC responsible body;
(c) Her Majesty's Chief Inspector of Education, Children's Services and Skills;
(d) any other person specified or of a description specified in regulations.
(3) Ofqual may at any time require a person falling within subsection (4) to provide it with any information which Ofqual considers it necessary or expedient to have for the purposes of, or in connection with, the performance by Ofqual of its function under section 161(2).
(4) The persons are—
(a) the Secretary of State;
(b) an EYFS responsible body;
(c) Her Majesty's Chief Inspector of Education, Children's Services and Skills;
(d) any other person specified or of a description specified in regulations.
(5) In this Chapter—
“EYFS responsible body” means a person who under or by virtue of an order made under section 39(1)(a) of the Childcare Act 2006 (c. 21) has functions in relation to the development, implementation or monitoring of EYFS assessment arrangements;
“NC responsible body” means a person who under or by virtue of an order made under section 87(3)(c) of the Education Act 2002 (c. 32) has functions in relation to the development, implementation or monitoring of NC assessment arrangements.
(1) If it appears to Ofqual that there is or is likely to be a significant failing in NC assessment arrangements Ofqual must notify—
(a) the Secretary of State, and
(b) any NC responsible body whose act or omission appears to Ofqual to have contributed to the significant failing.
(2) If it appears to Ofqual that there is or is likely to be a significant failing in EYFS assessment arrangements Ofqual must notify—
(a) the Secretary of State, and
(b) any EYFS responsible body whose act or omission appears to Ofqual to have contributed to the significant failing.
(3) There is a significant failing in NC assessment arrangements or (as the case may be) EYFS assessment arrangements if, as a result of the way in which the arrangements are being developed or implemented, they fail in a significant way to achieve one or more of the specified purposes of the arrangements.
(1) Ofqual must prepare and publish a document (“the NC assessments regulatory framework”) which—
(a) contains a description of how Ofqual intends to perform its function under section 161(1), and
(b) gives guidance to NC responsible bodies about the performance of their functions in relation to NC assessment arrangements.
(2) Ofqual—
(a) may revise the NC assessments regulatory framework, and
(b) if it does so, it must publish the revised version.
(3) Before publishing the NC assessments regulatory framework or a revised version of it, Ofqual must consult—
(a) the Secretary of State, and
(b) such NC responsible bodies and other persons as it considers appropriate.
(4) An NC responsible body must have regard to the NC assessments regulatory framework in performing its functions in relation to NC assessment arrangements.
(1) Ofqual must prepare and publish a document (“the EYFS assessments regulatory framework”) which—
(a) contains a description of how Ofqual intends to perform its function under section 161(2), and
(b) gives guidance to EYFS responsible bodies about the performance of their functions in relation to EYFS assessment arrangements.
(2) Ofqual—
(a) may revise the EYFS assessments regulatory framework, and
(b) if it does so, it must publish the revised version.
(3) Before publishing the EYFS assessments regulatory framework or a revised version of it, Ofqual must consult—
(a) the Secretary of State, and
(b) such EYFS responsible bodies and other persons as it considers appropriate.
(4) An EYFS responsible body must have regard to the EYFS assessments regulatory framework in performing its functions in relation to EYFS assessment arrangements.
In this Chapter—
“EYFS assessment arrangements” has the meaning given by section 131;
“EYFS responsible body” has the meaning given by section 162;
“NC assessment arrangements” has the meaning given by section 131;
“NC responsible body” has the meaning given by section 162.
(1) Ofqual may, in connection with any of its functions, provide services to any person (whether or not in the United Kingdom).
(2) Services provided by virtue of this section may be provided on such terms and subject to such conditions (if any) as Ofqual may determine.
(3) Ofqual may charge a fee for, or in connection with, any service provided by virtue of this section.
(1) If requested to do so by the Secretary of State, Ofqual must provide the Secretary of State with information or advice on such matters relating to any of its functions as may be specified in the request.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Ofqual may carry out programmes of research and development for purposes connected with—
(a) qualifications to which this Part applies, or
(b) regulated assessment arrangements.
(2) Ofqual may commission, co-ordinate or facilitate the carrying out of programmes of research and development for the purposes mentioned in subsection (1).
170 Duty not to impose or maintain unnecessary burdens
(1) Ofqual must keep its regulatory functions under review.
(2) Ofqual must secure that in performing any of its regulatory functions it does not—
(a) impose burdens which it considers to be unnecessary, or
(b) maintain burdens which it considers to have become unnecessary.
(3) Subsection (2) does not require the removal of a burden which has become unnecessary where its removal would, having regard to all the circumstances, be impracticable or disproportionate.
(4) Ofqual must publish a statement setting out—
(a) what it proposes to do pursuant to subsections (1) and (2) in the period to which the statement relates,
(b) (except in the case of the first statement published under this section) what it has done pursuant to subsections (1) and (2) since the previous statement was published under this section, and
(c) where a burden which has become unnecessary is maintained pursuant to subsection (3), the reasons why the removal of the burden would, having regard to all the circumstances, be impracticable or disproportionate.
(5) The first statement published under this section—
(a) must be published as soon as reasonably practicable after the commencement of section 127, and
(b) is to be a statement for the period of 12 months beginning with the day of its publication.
(6) A subsequent statement published under this section—
(a) must be published during the period to which the previous statement related or as soon as reasonably practicable after the end of that period, and
(b) must be a statement for the period of 12 months beginning with the end of the period to which the previous statement related.
(7) Ofqual must, in performing any of its regulatory functions during a period for which a statement is in force under this section, have regard to the statement.
(8) In this section “regulatory function” has the same meaning as in the Legislative and Regulatory Reform Act 2006 (c. 51) (see section 32 of that Act).
(1) As soon as reasonably practicable after the end of each reporting period Ofqual must prepare and publish a report for the period (“the annual report”).
(2) The annual report must include—
(a) a statement of what Ofqual has done in performing its functions in the reporting period;
(b) an assessment of the extent to which Ofqual has met its objectives in that period;
(c) details of any information obtained by Ofqual in that period on the levels of attainment in relevant regulated qualifications.
(3) “Relevant regulated qualifications” are regulated qualifications that are taken wholly or mainly by pupils at schools in England.
(4) An assessment under subsection (2)(b) in respect of the qualifications standards objective must in particular explain how, in making the assessment, Ofqual has taken account of any information within subsection (2)(c) obtained in the reporting period or an earlier reporting period.
(5) If arrangements of the kind mentioned in section 150(2) (arrangements for referral of complaints to an independent party) were in place during the reporting period, the annual report must include a description of the activities of the independent party during the reporting period.
(6) Ofqual must—
(a) lay a copy of each annual report before Parliament;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Ofqual may prepare and publish other reports on matters relating to its functions.
(8) If Ofqual prepares and publishes a report under subsection (7) it may—
(a) lay a copy of the report before Parliament;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) Ofqual may comply with subsection (1) by preparing and publishing a single document or separate documents ....
(10) In this section “reporting period” means—
(a) the period (being not longer than 12 months) beginning with the day on which section 127 comes into force and ending on such date as Ofqual decides;
(b) each successive period of 12 months.
(1) In this Part—
“institution within the higher education sector”—
in relation to England, has the same meaning as in the Education Act 1996 (c. 56) (see section 4(4) of that Act);
...
“Ofqual” means the Office of Qualifications and Examinations Regulation;
“qualification to which this Part applies” has the meaning given by section 130;
“regulated assessment arrangements” has the meaning given by section 131;
“regulated qualification” has the meaning given by section 130;
“the specified purposes”, in relation to regulated assessment arrangements, has the meaning given by section 131.
(2) In this Part a reference to the award or authentication of a qualification includes a reference to—
(a) the award or authentication of credits in respect of components of a qualification, and
(b) the award or authentication of a qualification by a body either alone or jointly with others.
(3) In this Part a reference to recognition, or being recognised, in respect of a qualification is a reference to recognition, or being recognised, under section 132 in respect of the award or authentication of the qualification or of a description of qualification which applies to the qualification.