Qualifications Wales Act 2015

57 General interpretation and index of defined expressions E+W

(1) The provisions of this Act and those of the Education Act 1996 (c.56) are to be read as if they were all contained in the Education Act 1996 (but this is subject to subsection (2)).

(2) Where for the purposes of any provision of this Act an expression is given a meaning different from that given to it in the Education Act 1996 (c.56), that meaning is to apply for the purposes of that provision, instead of the meaning given for the purposes of the Education Act 1996 (c.56).

(3) In this Act—

• “approved qualification” (“cymhwyster a gymeradwywyd”) means a form of a qualification approved by Qualifications Wales under Part 4 (priority qualifications and approval of qualifications);

• “assessment arrangements” (“trefniadau asesu”), in relation to a qualification, means arrangements for assessing relevant skills, knowledge and understanding in relation to the qualification;

• “awarding body” (“corff dyfarnu”) means a person who awards, or proposes to award, a qualification;

• “company” (“cwmni”) means a company as defined in section 1(1) of the Companies Act 2006 (c.46);

• “fee capping condition” (“amod capio ffioedd”) has the meaning given in paragraph 6 of Schedule 3;

• “general recognition criteria” (“meini prawf cydnabod cyffredinol”) has the meaning given in section 5(1);

• “higher education institution” (“sefydliad addysg uwch”) means an institution within the higher education sector;

• “learners” (“dysgwyr”) means persons who are seeking to obtain, or who might reasonably be expected to seek to obtain, qualifications;

• “learning provider” (“darparwr dysgu”) means a person by whom education or training leading to a qualification is provided;

• “monetary penalty” (“cosb ariannol”) has the meaning given in section 38(3);

• “notice” (“hysbysiad”) means notice in writing;

• the “principal aims” (“prif nodau”) of Qualifications Wales means the aims listed in section 3(1);

• “priority qualification” (“cymhwyster blaenoriaethol”) has the meaning given in section 13(6);

• “qualification” (“cymhwyster”) has the meaning given in section 56;

• “qualification specific recognition criteria” (“meini prawf cydnabod sy'n benodol i gymhwyster”) has the meaning given in section 6(1);

• “recognised body” (“corff cydnabyddedig”) has the meaning given in section 12(2);

• “recognition” (“cydnabyddiaeth”) has the meaning given in section 12(2);

• “regulations” (“rheoliadau”) means regulations made by the Welsh Ministers;

• “relevant knowledge, skills or understanding” (“yr wybodaeth berthnasol, y sgiliau perthnasol neu'r ddealltwriaeth berthnasol”), in relation to a qualification, are the knowledge, skills or understanding required to be demonstrated for the purpose of determining whether a person is to be awarded the qualification;

• “restricted priority qualification” (“cymhwyster blaenoriaethol cyfyngedig”) has the meaning given in section 13(6);

• “special condition” (“amod arbennig”) has the meaning given in paragraph 4 of Schedule 3;

• “transfer condition” (“amod trosglwyddo”) has the meaning given in paragraph 12 of Schedule 3;

• “unrestricted priority qualification” (“cymhwyster blaenoriaethol anghyfyngedig”) has the meaning given in section 13(6);

• “Welsh qualification system” (“system gymwysterau Cymru”) has the meaning given in section 3(3).

(4) For the purposes of this Act a person is assessed wholly or mainly in Wales, in respect of a qualification, only if the activities carried out by the person for the purposes of demonstrating relevant knowledge, skills or understanding are carried out wholly or mainly in Wales.

(5) A person has a learning difficulty, for the purposes of this Act, if the person—

(a) has special educational needs [F1 or additional learning needs], or

(b) has a significantly greater difficulty in learning than the majority of persons of the person's age, or

(c) has a disability that either prevents or hinders the person from making use of educational facilities of a kind generally provided for persons of the same age.

(6) 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 spoken in the person's home.

(7) References in this Act to a body's being recognised in respect of a qualification are to be construed in accordance with section 12.

(8) References in this Act to the award of a form of qualification as an approved qualification are to be construed in accordance with section 22(4).

Textual Amendments

F1 Words in s. 57(5)(a) inserted (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 9(2)