(1)The Education Act 1997 (c. 44) is amended as follows.
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Section 32 (supplementary provisions relating to discharge by Welsh Ministers of their functions) is amended as follows.
(7)In subsection (3), before “accredits” insert “ recognises any person or ”.
(8)In subsection (3A)—
(a)before “accredits” insert “ recognises any person or ”;
(b)after “at the time of” insert “ recognition or of ”;
(c)after “conditions on” insert “ recognition or ”;
(d)after “continued” insert “ recognition or ”.
(9)In subsection (4)(b)(i), for the words from “maintained” to “receiving the accreditation” substitute “ maintained by the recognised person in question in relation to the award or authentication of qualifications generally or in relation to the award or authentication of the qualification in question ”.
(10)For section 32A substitute—
(1)If it appears to the Welsh Ministers—
(a)that any recognised person has failed or is likely to fail to comply with any condition subject to which the recognition has effect, and
(b)that the failure—
(i)prejudices or would be likely to prejudice the proper award or authentication by that person of any qualification accredited by them or by the Qualifications and Curriculum Authority, or
(ii)prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain any such qualification awarded or authenticated by that person,
the Welsh Ministers may direct the recognised person to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the recognition has effect.
(2)If it appears to the Welsh Ministers—
(a)that any recognised person who awards or authenticates any qualification accredited by them has failed or is likely to fail to comply with any condition subject to which the accreditation has effect, and
(b)that the failure—
(i)prejudices or would be likely to prejudice the proper award or authentication of the qualification, or
(ii)prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain the qualification,
the Welsh Ministers may direct the recognised person to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.
(3)It shall be the duty of the recognised person to comply with any direction under this section.
(4)Any direction under this section is enforceable, on the application of the Welsh Ministers, by a mandatory order.
(5)In this section “recognised person” means a person recognised by the Welsh Ministers.
(6)In this section any reference to the award or authentication of any qualification by any person is a reference to its award or authentication by any person alone or jointly with others.”
Textual Amendments
F1S. 162(2)-(5) repealed (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 16 Pt. 4; S.I. 2010/2413, art. 2(b)(i)(ee)
Commencement Information
I1S. 162(1) (2) (3)(a) (3)(b) (4)-(10) in force at 31.3.2009 for W. by S.I. 2009/784, art. 2(a)