Education Act 1997

26 Supplementary provisions relating to discharge by Authority of their functions. E+W+N.I.

(1) In carrying out their functions under this Part the Qualifications and Curriculum Authority shall—

(a) comply with any directions given by the Secretary of State; and

(b) act in accordance with any plans approved by him; and

(c) so far as relevant, have regard to—

(i) the requirements of [F1 section 78 of the Education Act 2002](general duties in respect of curriculum),

(ii) the requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and

(iii) the requirements of persons with special learning needs.

(2) In carrying out those functions the Authority shall in addition have regard to information supplied to them by [F2 Her Majesty's Chief Inspector of Education, Children's Services and Skills ] or by any body designated by the Secretary of State for the purposes of this section.

(3) Where in carrying out any of their functions under this Part the Authority accredit F3 . . . any qualification, they may do so on such terms (including terms as to payment) F3 . . . as they may determine.

[F4 (3A) Where in carrying out those functions the Authority accredit any qualification, they may, at the time of accreditation or later, impose such conditions on accreditation or continued accreditation as they may determine.]

(4) Those conditions may in particular include conditions—

(a) placing a limit on the amount of the fee that can be demanded in respect of any award or authentication of the qualification in question; and

[F5 (b) requiring rights of entry to premises and to inspect and copy documents so far as necessary for the Authority—

(i) to satisfy themselves that the appropriate standards are being maintained, in relation to the award or authentication of the qualification in question, by the persons receiving the accreditation, or

(ii) to determine whether to impose a condition falling within paragraph (a) and if so what that condition should be.]

(5) Before exercising on any occasion their power to impose conditions falling within subsection (4)(a) the Authority shall obtain the consent of the Secretary of State as to such matters relating to the exercise of that power as he may determine.

(6) In this section “persons with special learning needs” means—

(a) children with special educational needs (as defined in section 312 of the M1 Education Act 1996); or

(b) persons (other than children as so defined) who—

(i) have a significantly greater difficulty in learning than the majority of persons of their age, or

(ii) have a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for persons of their age.

Textual Amendments

F1 Words in s. 26(1)(c)(i) substituted (1.10.2002 except in relation to W.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 69 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

F2 Words in s. 26(2) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 21; S.I. 2007/935, art. 5(gg)

F3 Words in s. 26(3) repealed (1.10.2002) by Education Act 2002 (c. 32), s. 215(2), Sch. 22 Pt. 1 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 2

F4 S. 26(3A) inserted (1.10.2002) by Education Act 2002 (c. 32), s. 189, Sch. 17 para. 3(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 2

F5 S. 26(4)(b) substituted (1.10.2002) by Education Act 2002 (c. 32), s. 189, Sch. 17 para. 3(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 2

Marginal Citations

M1 1996 c. 56.