- Latest available (Revised)
- Original (As enacted)
Apprenticeships, Skills, Children and Learning Act 2009, Section 138 is up to date with all changes known to be in force on or before 29 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
(1)Ofqual may determine that a specified qualification, or description of qualification, to which this Part applies is subject to the accreditation requirement.
[F1(1A)But Ofqual may not make a determination under subsection (1) in relation to a technical education qualification if—
(a)the qualification is an approved technical education qualification, or
(b)the Institute—
(i)has notified Ofqual that the Institute is considering whether or not to approve the qualification as an approved technical education qualification, and
(ii)has not notified Ofqual of its decision.]
(2)A determination under subsection (1) may provide that a qualification or description of qualification is subject to the accreditation requirement—
(a)for all purposes, or
(b)for the purposes of award or authentication by a specified awarding body.
(3)Ofqual must publish a determination falling within subsection (2)(a).
(4)Ofqual may revise a determination made under subsection (1).
(5)If Ofqual revises a determination falling within subsection (2)(a) it must publish the determination as revised.
(6)Before making or revising a determination under subsection (1) Ofqual must—
(a)if the determination falls within subsection (2)(a), consult such persons as it considers appropriate, and
(b)if the determination falls within subsection (2)(b), consult the awarding body in question.
[F2(7)Where the Institute has notified Ofqual under subsection (1A)(b)(i) that it is considering whether or not to approve the qualification, it must also notify Ofqual of its decision.
(8)In this section—
“the Institute” means the Institute for Apprenticeships and Technical Education;
“approved technical education qualification” and “technical education qualification” have the meanings given by section A12(1).]
Textual Amendments
F1S. 138(1A) inserted (30.9.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 10(a), 36(3); S.I. 2022/965, reg. 3(5) (with regs. 4, 5)
F2S. 138(7)(8) inserted (30.9.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 10(b), 36(3); S.I. 2022/965, reg. 3(5) (with regs. 4, 5)
Commencement Information
I1S. 138 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: