Part V Supervision of curriculum for schools and external qualifications
Chapter IIF1Functions of the National Assembly for Wales
Functions of the F2National Assembly for Wales
Words in s. 28 cross-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. 10 (with art. 7)
32BF3Power of Welsh Ministers to withdraw recognition
1
Subsection (2) applies if a recognised person has failed to comply with any condition subject to which the recognition has effect.
F42
The Welsh Ministers may withdraw recognition from the recognised person in respect of the award or authentication of—
a
a specified qualification or description of qualification in respect of which the person is recognised, or
b
every qualification or description of qualification in respect of which the person is recognised.
3
Subsection (4) applies if a recognised person who awards or authenticates a qualification accredited by the Welsh Ministers has failed to comply with any condition subject to which the accreditation has effect.
F54
The Welsh Ministers may withdraw recognition from the recognised person in respect of the award or authentication of—
a
the qualification or a specified description of qualification in respect of which the person is recognised, or
b
every qualification or description of qualification in respect of which the person is recognised.
5
Before withdrawing recognition from a recognised person in any respect the Welsh Ministers must give notice to the person of their intention to do so.
6
The notice must—
a
set out the Welsh Ministers' reasons for proposing to withdraw recognition from the recognised person in the respect in question, and
b
specify the period during which, and the way in which, the recognised person may make representations about the proposal.
7
The Welsh Ministers must have regard to any representations made by the recognised person during the period specified in the notice in deciding whether to withdraw recognition from the person in the respect in question.
8
If the Welsh Ministers decide to withdraw recognition from a recognised person they must give notice to the person of their decision and of the date on which the withdrawal is to take effect.
9
At any time before a withdrawal takes effect the Welsh Ministers may vary the date on which it is to take effect by giving further notice to the recognised person.
10
The Welsh Ministers must establish arrangements for the review, at the request of a recognised person, of a decision to withdraw recognition under this section.
11
The arrangements established under subsection (10) may require or permit the decision on review to be made by a person other than the Welsh Ministers.
Pt. V Ch. II 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. 8 (with art. 7)