Part 7The Office of Qualifications and Examinations Regulation
Chapter 2Functions in relation to qualifications
Recognised bodies: monitoring and enforcement
I1151Power to give directions
F11
Subsection (2) applies if it appears to Ofqual that a recognised body has failed or is likely to fail to comply with a condition to which the recognition is subject.
2
Ofqual may direct the recognised body to take or refrain from taking specified steps with a view to securing compliance with the condition.
3
Before giving a recognised body a direction under this section Ofqual must give notice to the body of its intention to do so.
4
The notice must—
a
set out Ofqual's reasons for proposing to give the direction, and
b
specify the period during which, and the way in which, the recognised body may make representations about the proposal.
5
Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to give a direction to the body.
6
A recognised body must comply with a direction given to it under this section.
7
A direction under this section is enforceable, on the application of Ofqual—
a
in England and Wales, by a mandatory order, or
b
in Northern Ireland, by an order of mandamus.
8
A direction given under this section may be amended or revoked by Ofqual; and subsections (3) to (5) apply to the amendment of a direction as they apply to the giving of a direction.