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, F2...

F2b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.