Education Act 1997

30 Functions of the [F1 National Assembly for Wales] in relation to external vocational and academic qualifications. E+W

[F2 (1) This section applies for the purposes of the following functions with respect to external qualifications in relation to Wales—

F3 (a) to keep under review all aspects of such qualifications;

F3 (b) 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;

F3 (c) to publish and disseminate, and assist in the publication and dissemination of, information relating to such qualifications;

[F4 (ca) to develop and publish criteria for the recognition of persons who, as outside persons, award or authenticate such qualifications or credits in respect of components of such qualifications;

(cb) to recognise, where they meet such criteria, any such persons who apply to be recognised;

(d) to develop and publish criteria for the accreditation of such qualifications where they are awarded or authenticated by persons recognised under paragraph (cb);]

F3 (e) to accredit, where they meet such criteria, any such qualifications submitted for accreditation;

[F5 (ea) to develop and publish rules and procedures for dealing with the effect on the continued accreditation of such qualifications where any person awarding or authenticating them ceases to be recognised;]

F3 (f) 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.]

[F6 (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.]

[F7 (1B) The following functions are exercisable solely by the Welsh Ministers—

(a) the functions set out in paragraphs (ca) and (cb) of subsection (1); and

(b) the functions set out in the other paragraphs of that subsection so far as they relate to external qualifications other than National Vocational Qualifications.

(1C) The functions set out in those other paragraphs so far as they relate to National Vocations Qualifications are exercisable as follows—

(a) the functions set out in paragraphs (a) to (c), (d) and (ea) of subsection (1) are exercisable concurrently by the Welsh Ministers and the Qualifications and Curriculum Authority; and

(b) the functions set out in paragraphs (e) and (f) of that subsection are exercisable solely by the Qualifications and Curriculum Authority.

(1D) Subsections (1B) and (1C) are subject to any exercise of the power conferred by subsection (2).]

[F8 (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.]

[F9 (3) The Authority shall have, in relation to Wales, the following functions with respect to external qualifications, namely—

(a) if designated by the Secretary of State for the purpose, to advise the Secretary of State on the exercise of his powers under section 37 (approval of external qualifications); and

(b) if designated by the Secretary of State for the purpose, to exercise any functions conferred on a designated body by regulations under that section.]

F10 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this section “external qualification” has the same meaning as in section 24.

[F11 (6) Subsection (7) of section 24 (interpretation of references to the award or authentication by outside persons of external qualifications or credits in respect of components of them) applies for the purposes of this section as it applies for the purposes of that section.]

Textual Amendments

F1 Words in s. 30 heading substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 14 (with art. 7)

F2 S. 30(1) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 15(a) (with art. 7)

F3 S. 30(1)(a)-(f): renumbered (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(3)(a), 173(3)(4); S.I. 2009/784, art. 2(a)

F4 S. 30(1)(ca)-(d) substituted for s. 30(1)(d) (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(3)(b), 173(3)(4); S.I. 2009/784, art. 2(a)

F5 S. 30(1)(ea) inserted (31.10.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(3)(c), 173(3)(4); S.I. 2009/784, art. 5(a)

F6 S. 30(1A)-(1C) inserted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 15(b) (with art. 7)

F7 S. 30(1B)-(1D) substituted for s. 30(1B)(1C) (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(4), 173(3)(4); S.I. 2009/784, art. 2(a)

F8 S. 30(2) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 15(c) (with art. 7)

F9 S. 30(3) repealed (1.4.2001 for W. and otherwiseprosp.) by 2000 c. 21, ss. 103(4)(c), 153, 154, Sch. 11; S.I. 2001/1274, art. 2, Sch. Pt. I

F10 S. 30(4) omitted (1.4.2006) by virtue of Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 15(d) (with art. 7)

F11 S. 30(6) inserted (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(5), 173(3)(4); S.I. 2009/784, art. 2(a)

Modifications etc. (not altering text)

C1 S. 30(1) functions made exercisable (5.6.2009) by The Functions in relation to External Qualifications (Wales) Order 2009 (S.I. 2009/1220), art. 1(3)2