Qualifications Wales Act 2015

37 Power to give directions

(1) If it appears to Qualifications Wales that an awarding body has failed or is likely to fail to comply with a condition to which its recognition is subject, Qualifications Wales may direct the body to take or refrain from taking specified steps with a view to securing compliance with the condition.

(2) If it appears to Qualifications Wales that an awarding body that awards an approved qualification has failed or is likely to fail to comply with a condition to which that approval is subject, Qualifications Wales may direct the body to take or refrain from taking specified steps with a view to securing compliance with the condition.

(3) Before giving an awarding body a direction under this section, Qualifications Wales must give notice to the body concerned of its intention to do so.

(4) The notice must—

(a) set out Qualifications Wales’ reasons for proposing to give the direction;

(b) specify when Qualifications Wales proposes to decide whether to give the direction.

(5) In deciding whether to give the direction, Qualifications Wales must have regard to any representations made by the awarding body.

(6) An awarding body must comply with a direction given to it under this section.

(7) A direction under this section—

(a) must be in writing;

(b) may be varied or revoked by a later direction;

(c) is enforceable by a mandatory order on the application of Qualifications Wales.