(1)This section applies if an institution or employer—
(a)receives financial resources from an authorised body (as defined in section 100), and
(b)provides for persons who have attained the age of 19 a course of education or training which leads to an external qualification.
(2)The authorised body must carry out its functions with a view to securing that, unless the external qualification is approved under section 98 or 99, the institution or employer does not make a payment which—
(a)is a payment in respect of the qualification,
(b)is made to the outside person who awards or authenticates the qualification, and
(c)can reasonably be said to consist of or come from the financial resources received from the authorised body (or those resources and others).
(3)The course mentioned in subsection (1) may be one of two or more components leading to the same qualification.
(4)An external qualification is a qualification awarded or authenticated by an outside person, other than a qualification resulting from any of these courses—
(a)a course for the further training of teachers or youth and community workers;
(b)a post-graduate course (including a higher degree course);
(c)a first degree course;
(d)a course for the Diploma of Higher Education;
(e)a course for the Certificate in Education.
(5)A qualification is awarded by an outside person if it is awarded by a person other than the institution or employer or a member of its or his staff.
(6)A qualification is authenticated by an outside person if it is awarded by the institution or employer and is authenticated by a person other than the institution or employer or a member of its or his staff.
(7)A payment in respect of a qualification includes a payment in respect of—
(a)devising, administering, verifying or certifying the qualification;
(b)setting or moderating examinations for the purposes of the qualification;
(c)registering, assessing or examining candidates.
Commencement Information
I1S. 97 wholly in force at 1.9.2002; s. 97 not in force at Royal Assent see s. 154; s. 97 in force for W. at 1.9.2002 by S.I. 2001/2705, art. 2(2), Sch. Pt. II; s. 97 in force for E. at 1.8.2002 by S.I. 2002/279, art. 2(3)(a)