Qualifications Wales Act 2015

PART 1 E+W OVERVIEW

1 Overview E+W

(1) This section is an overview of the main provisions of the Act.

(2) Part 2—

(a) establishes Qualifications Wales and (at Schedule 1) makes provision about its membership and governance arrangements,

(b) sets out the principal aims of Qualifications Wales, and

(c) requires Qualifications Wales, in exercising its functions, to act in a way that it considers appropriate for the purpose of achieving those aims.

(3) Part 3 makes provision about the recognition by Qualifications Wales of bodies that award qualifications in Wales.

(4) Part 4 makes provision about priority qualifications and the approval by Qualifications Wales of qualifications for award in Wales. It—

(a) requires Qualifications Wales and the Welsh Ministers to prepare a list of qualifications that are to be a priority for Qualifications Wales,

(b) enables Qualifications Wales in certain circumstances to determine that the number of forms of those qualifications approved by it should be restricted (either to one or more than one),

(c) enables Qualifications Wales to enter into arrangements with a body for the development of a new form of qualification to be awarded in Wales, where it has made a determination as described in paragraph (b) in respect of the qualification concerned, and

(d) enables Qualifications Wales to consider approving a qualification for award in Wales that is not included on the list referred to in paragraph (a).

(5) Part 5 enables Qualifications Wales to designate a qualification for the purpose of enabling a course leading to it to be funded by the Welsh Ministers or a local authority in Wales, or provided by or on behalf of a maintained school in Wales.

(6) Part 6—

(a) provides that a course of education or training may be funded by the Welsh Ministers or a local authority in Wales, or provided by or on behalf of a maintained school in Wales, only if the form of the qualification to which it leads has been approved or designated by Qualifications Wales, and

(b) makes provision restricting the effect of conditions imposed by Ofqual, in respect of the award in Wales of a form of a qualification that has been approved by Qualifications Wales; and restricting the effect of conditions of recognition imposed by Qualifications Wales so that they do not apply in respect of the award of qualifications outside Wales.

(7) Part 7 makes provision about steps that may be taken by Qualifications Wales if it considers that a body awarding qualifications in Wales has failed to comply with a condition to which its recognition, or the approval of a qualification awarded by it, is subject.

(8) Part 8 makes provision about other functions of Qualifications Wales, including—

(a) the power to provide consultancy and other services on a commercial basis,

(b) the duty to prepare a policy statement,

(c) how Qualifications Wales is to deal with complaints,

(d) fees that may be charged by Qualifications Wales, and

(e) the duty to have regard to certain principles in performing regulatory activities.

(9) Part 9 makes general provision, including setting out an index of defined terms used in the Act.

(10) In Part 9, section 56 sets out the meaning of the term “qualification” as used in the Act.