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The Office of Qualifications and Examinations Regulation (Determination of Turnover for Monetary Penalties) Order 2012

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the determination of the turnover of a recognised body for the purposes of section 151B(1) of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) (“the Act”). A recognised body is defined in section 132(9) of the Act as an awarding body recognised by the Office of Qualifications and Examination Regulation (“Ofqual”) under that section.

Section 151A of the Act provides that if it appears to Ofqual that a recognised body has failed to comply with a condition to which its recognition is subject under section 132(3)(d) or 134 of the Act, Ofqual may impose a monetary penalty on the recognised body. The amount of the penalty may be whatever Ofqual decides is appropriate in all the circumstances of the case and must not exceed 10% of the body’s turnover, as determined by this Order.

An impact assessment has not been produced for this instrument as making provision to determine turnover has no impact on businesses, the public sector or civil society organisations. An assessment of Ofqual’s enforcement powers and the impact of giving Ofqual the power to impose a monetary penalty was prepared for the Education Bill. An updated version of this assessment is annexed to the Explanatory Memorandum which is available alongside this instrument on www.legislation.gov.uk.

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