The Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005

Education Act 1997 (c. 44)

15.  In section 30 (functions of the Authority in relation to external vocational and academic qualifications)—

(a) for subsection (1) substitute—

“This section applies for the purposes of the following functions with respect to external qualifications in relation to Wales—

(i) to keep under review all aspects of such qualifications;

(ii) to provide support and advice to persons providing courses leading to such qualifications with a view to establishing and maintaining high standards in the provision of such courses;

(iii) to publish and disseminate, and assist in the publication and dissemination of, information relating to such qualifications;

(iv) to develop and publish criteria for the accreditation of such qualifications;

(v) to accredit, where they meet such criteria, any such qualifications submitted for accreditation;

(vi) to make arrangements (whether or not with others) for the development, setting or administration of tests or tasks which fall to be undertaken with a view to obtaining such qualifications and which fall within a prescribed description.”;

(b) after subsection (1) insert—

“(1A) In subsection (1) (d)— “criteria” includes criteria that are to be applied for the purpose of ensuring that the number of different accredited qualifications in similar subject areas or serving similar functions is not excessive; and paragraph (e) of that subsection is to be construed accordingly.”;

(1B) Subject to subsection (2), with respect to external qualifications other than National Vocational Qualifications, the functions set out in subsection (1) are exercisable solely by the National Assembly for Wales.

(1C) Subject to subsection (2), with respect to National Vocational Qualifications—

(i) the functions specified in subsections (1)(a) to (d) are exercisable concurrently by the National Assembly for Wales and the Qualifications and Curriculum Authority;

(ii) the functions specified in subsection 1(e) and (f) are exercisable solely by the Qualifications and Curriculum Authority.”

(c) for subsection (2) substitute—

“(2) The National Assembly for Wales may by order prescribe that—

(i) a function specified in subsection (1) which is for the time being exercisable solely by the Assembly shall be exercised concurrently by the Assembly and the Qualifications and Curriculum Authority;

(ii) such a function which is for the time being exercisable solely by the Qualifications and Curriculum Authority shall be exercised either concurrently by that Authority and the Assembly or solely by the Assembly;

(iii) such a function which is for the time being exercisable concurrently by the Qualifications and Curriculum Authority and the Assembly shall be exercised solely by the Assembly.”

(d) omit subsection (4).