Apprenticeships, Skills, Children and Learning Act 2009

Objectives and general duties E+W+N.I.

128 Objectives E+W+N.I.

(1) Ofqual's objectives are—

(a) the qualifications standards objective,

(b) the assessments standards objective,

(c) the public confidence objective,

(d) the awareness objective, and

(e) the efficiency objective.

[F1 (2) The qualifications standards objective is to secure that—

(a) regulated qualifications give a reliable indication of knowledge, skills and understanding, and

(b) regulated qualifications indicate —

(i) a consistent level of attainment (including over time) between comparable regulated qualifications, and

(ii) a consistent level of attainment (but not over time) between regulated qualifications and comparable qualifications (including those awarded outside the United Kingdom) which are not qualifications to which this Part applies.]

(3) The assessments standards objective is to promote the development and implementation of regulated assessment arrangements which—

(a) give a reliable indication of achievement, and

(b) indicate a consistent level of attainment (including over time) between comparable assessments.

(4) The public confidence objective is to promote public confidence in regulated qualifications and regulated assessment arrangements.

(5) The awareness objective is to promote awareness and understanding of—

(a) the range of regulated qualifications available,

(b) the benefits of regulated qualifications to learners, employers and institutions within the higher education sector, and

(c) the benefits of recognition under section 132 to bodies awarding or authenticating qualifications to which this Part applies.

(6) The efficiency objective is to secure that regulated qualifications are provided efficiently and in particular that any relevant sums payable to a body awarding or authenticating a qualification in respect of which the body is recognised under section 132 represent value for money.

(7) For the purposes of subsection (6) a sum is relevant if it is payable in respect of the award or authentication of the qualification in question.

Textual Amendments

F1 S. 128(2) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 22, 82(3); S.I. 2012/84, art. 3

Commencement Information

I1 S. 128 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

129 General duties E+W+N.I.

(1) So far as reasonably practicable, in performing its functions Ofqual must act in a way—

(a) which is compatible with its objectives, and

(b) which it considers most appropriate for the purpose of meeting its objectives.

(2) So far as relevant, in performing its functions Ofqual must have regard to—

(a) the need to ensure that the number of regulated qualifications available for award or authentication is appropriate;

(b) the other reasonable requirements of relevant learners, including persons with [F2 special educational needs] ;

(c) the reasonable requirements of pupils and children, including persons with [F3 special educational needs] , in relation to regulated assessment arrangements;

(d) the reasonable requirements of industry, commerce, finance, the professions and other employers regarding education and training (including required standards of practical competence);

(e) the reasonable requirements of institutions within the higher education sector;

(f) information provided to Ofqual by a person falling within subsection (4);

(g) the desirability of facilitating innovation in connection with the provision of regulated qualifications;

(h) the specified purposes of regulated assessment arrangements.

(3) For the purposes of subsection (2)(a) the number of regulated qualifications available for award or authentication is appropriate if the number is such that—

(a) there is a reasonable level of choice for learners, in terms of both the number of different regulated qualifications and the number of different forms of such qualifications, but

(b) the number of different regulated qualifications in similar subject areas or serving similar functions is not excessive.

(4) The persons falling within this subsection are—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Her Majesty's Chief Inspector of Education, Children's Services and Skills;

(c) such other relevant persons, or relevant persons of such a description, as the Secretary of State may direct.

(5) In subsection (4)(c) “relevant person” means a person who appears to the Secretary of State to have knowledge of, or expertise in, requirements of a kind mentioned in subsection (2)(d).

(6) In performing its functions Ofqual must also have regard to such aspects of government policy as the Secretary of State may direct.

(7) The Secretary of State must publish a direction given under subsection (6).

(8) Ofqual must perform its functions efficiently and effectively.

F5 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) “Relevant learner” means a person seeking to obtain, or who may reasonably be expected to seek to obtain, a regulated qualification.

Textual Amendments

F2 Words in s. 129(2)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 94(a); S.I. 2014/889, art. 7(a)

F3 Words in s. 129(2)(c) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 94(a); S.I. 2014/889, art. 7(a)

F4 S. 129(4)(a) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 23; S.I. 2012/924, art. 2

F5 S. 129(9) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 94(b); S.I. 2014/889, art. 7(a)

F6 S. 129(10) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 94(b); S.I. 2014/889, art. 7(a)

Commencement Information

I2 S. 129 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1