Education Act 1997

24 Functions of the Authority in relation to external vocational and academic qualifications. E+W+N.I.

(1) The Qualifications and Curriculum Authority shall have, in relation to England, the functions set out in subsection (2) with respect to external qualifications.

(2) The functions are—

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

(b) to advise the Secretary of State on such matters concerned with such qualifications as he may refer to them or as they may see fit;

(c) to advise the Secretary of State on, and if so requested by him assist him to carry out, programmes of research and development for purposes connected with such qualifications;

(d) 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;

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

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

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

[F1 (gg) 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.]

[F2 (2A) In paragraph (f) of subsection (2) “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 (g) of that subsection is to be construed accordingly.]

(3) Except to the extent that, by virtue of an order under section 30(1), they are for the time being exercisable with respect to such qualifications solely by the Qualifications, Curriculum and Assessment Authority for Wales, the functions set out in subsection (2)(a) to [F3 (gg)] shall be so exercisable in relation to Wales by the Qualifications and Curriculum Authority, and shall be so exercisable either—

(a) solely by the Authority, or

(b) if an order under section 30(1) so provides, by the Authority concurrently with the Qualifications, Curriculum and Assessment Authority for Wales.

(4) The functions set out in subsection (2)(a) to (g) shall also be exercisable by the Qualifications and Curriculum Authority in relation to Northern Ireland but only with respect to National Vocational Qualifications.

(5) Subsection (2)(a) to (e) do not apply to qualifications awarded or authenticated by institutions within the higher education sector other than those which have been submitted for accreditation under subsection (2)(g).

(6) In this section “external qualification” means—

(a) any academic or vocational qualification authenticated or awarded by an outside person, except an academic qualification at first degree level or any comparable or higher level; or

(b) (whether within paragraph (a) or not) any National Vocational Qualification.

(7) For the purposes of this section—

(a) a qualification is awarded by an outside person if the course of education or training leading to the qualification is provided by an institution or an employer and it is awarded by a person other than the institution or employer or a member of its or his staff; and

(b) a qualification is authenticated by an outside person if it is awarded by an institution or employer and is authenticated by a person other than the institution or employer or a member of its or his staff.

Textual Amendments

F1 S. 24(2)(gg) substituted (1.4.2001 for W. for specified purposes, 1.4.2002 for E. and otherwise prosp.) for s. 24(2)(h)(i) by 2000 c. 21, ss. 103(2), 154; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2002/279, art. 2(2)(a) (with art. 3)

F2 S. 24(2A) inserted (1.10.2002) by Education Act 2002 (c. 32), s. 189, Sch. 17 para. 2 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 2

F3 Word in s. 24(3) substituted (1.4.2001 for W. for specified purposes, 1.4.2002 for E. and otherwise prosp.) by 2000 c. 21, ss. 103(3), 154; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2002/279, art. 2(2)(a) (with art. 3)

Modifications etc. (not altering text)

C1 S. 24(2)(gg): transfer of functions (31.12.2001) by S.I. 2001/3907, art. 3(1)