Education and Skills Act 2008

161 Functions of Qualifications and Curriculum Authority in England and Northern Ireland

(1) The Education Act 1997 (c. 44) is amended as follows.

(2) Section 24 (functions of QCA in relation to external vocational and academic qualifications) is amended as follows.

(3) In subsection (2)—

(a) for paragraph (f) substitute—

“(ea) to develop and publish criteria for the recognition of persons who, as outside persons, award or authenticate such qualifications or credits in respect of components of such qualifications;

(eb) to recognise, where they meet such criteria, any such persons who apply to be recognised;

(f) to develop and publish criteria for the accreditation of such qualifications where they are awarded or authenticated by persons recognised under paragraph (eb);”;

(b) after paragraph (g) insert—

“(ga) to develop and publish rules and procedures for dealing with the effect on the continued accreditation of such qualifications where any person awarding or authenticating them ceases to be recognised;”.

(4) In subsection (4), for “(g)” substitute “(ga)”.

(5) In subsection (7)—

(a) in paragraph (a), after “a qualification” insert “or a credit in respect of a component of a qualification” and after “the qualification” insert “or component”;

(b) in paragraph (b), after “a qualification” insert “or a credit in respect of a component of a qualification”.

(6) Section 26 (supplementary provisions relating to discharge by QCA of their functions) is amended as follows.

(7) In subsection (3), after “the Authority” insert “recognise any person or”.

(8) In subsection (3A)—

(a) after “the Authority” insert “recognise any person or”;

(b) after “at the time of” insert “recognition or of”;

(c) after “conditions on” insert “recognition or”;

(d) after “continued” insert “recognition or”.

(9) In subsection (4)(b)(i), for the words from “maintained” to “receiving the accreditation” substitute “maintained by the recognised person in question in relation to the award or authentication of qualifications generally or in relation to the award or authentication of the qualification in question”.

(10) Section 26A (power of QCA to give directions) is amended as follows.

(11) For subsection (1) substitute—

“(1) If it appears to the Qualifications and Curriculum Authority—

(a) that any recognised person has failed or is likely to fail to comply with any condition subject to which the recognition has effect, and

(b) that the failure—

(i) prejudices or would be likely to prejudice the proper award or authentication by that person of any accredited qualification, or

(ii) prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain any accredited qualification awarded or authenticated by that person,

the Authority may direct the recognised person to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the recognition has effect.

(1A) If it appears to the Authority—

(a) that any person who awards or authenticates any accredited qualification has failed or is likely to fail to comply with any condition subject to which the accreditation has effect, and

(b) that the failure—

(i) prejudices or would be likely to prejudice the proper award or authentication of the qualification, or

(ii) prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain the qualification,

the Authority may direct the person mentioned in paragraph (a) to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.”

(12) In subsection (2), for “the awarding body” substitute “the recognised person or (as the case may be) the person mentioned in subsection (1A)(a)”.

(13) After subsection (3) insert—

“(4) In this section—

• “accredited qualification” means a qualification accredited by the Authority, and

• “recognised person” means a person recognised by the Authority.

(5) In this section any reference to the award or authentication of any qualification by any person is a reference to its award or authentication by any person alone or jointly with others.”