Education Act 1997

26 Supplementary provisions relating to discharge by Authority of their functions

(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 section 351 of the [1996 c. 56.] Education Act 1996 (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 Her Majesty’s Chief Inspector of Schools in England 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 or approve any qualification, they may do so on such terms (including terms as to payment) and subject to such conditions 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

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

(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 [1996 c. 56.] 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.