Apprenticeships, Skills, Children and Learning Act 2009

Accreditation of certain qualifications

138 Qualifications subject to the accreditation requirement

(1) Ofqual may determine that a specified qualification, or description of qualification, to which this Part applies is subject to the accreditation requirement.

(2) A determination under subsection (1) may provide that a qualification or description of qualification is subject to the accreditation requirement—

(a) for all purposes, or

(b) for the purposes of award or authentication by a specified awarding body.

(3) Ofqual must publish a determination falling within subsection (2)(a).

(4) Ofqual may revise a determination made under subsection (1).

(5) If Ofqual revises a determination falling within subsection (2)(a) it must publish the determination as revised.

(6) Before making or revising a determination under subsection (1) Ofqual must—

(a) if the determination falls within subsection (2)(a), consult such persons as it considers appropriate, and

(b) if the determination falls within subsection (2)(b), consult the awarding body in question.

139 Accreditation

(1) Where a qualification is subject to the accreditation requirement Ofqual must accredit a particular form of the qualification if—

(a) that form of the qualification has been submitted for accreditation by a recognised body which is recognised in respect of the qualification, and

(b) that form of the qualification meets the applicable criteria for accreditation most recently published under section 140.

(2) Ofqual may not accredit a form of a qualification if the requirements set out in paragraphs (a) and (b) of subsection (1) are not met in respect of that form of the qualification.

(3) An accreditation under this section has effect from such date as Ofqual may specify.

(4) Ofqual may not charge a recognised body in respect of accreditation under this section.

(5) If Ofqual refuses an application for accreditation it must provide the recognised body with a statement setting out the reasons for its decision.

140 Criteria for accreditation

(1) Ofqual must set and publish the criteria for accreditation under section 139.

(2) Different criteria may be set for the accreditation of different qualifications or different descriptions of qualifications.

(3) Ofqual may revise the criteria.

(4) If Ofqual revises the criteria it must publish them as revised.

(5) Before setting or revising the criteria Ofqual must consult such persons as it considers appropriate.

(6) If Ofqual revises the criteria under this section which are applicable to a form of a qualification which is accredited under section 139, the accreditation ceases to have effect on the date specified by Ofqual.

(7) Ofqual may vary the date specified under subsection (6) at any time before the date.

(8) Ofqual may determine that subsection (6) does not apply in relation to a specified revision.

(9) Ofqual must publish a determination made under subsection (8).

(10) Ofqual may make saving or transitional provision in connection with the accreditation of a form of a qualification ceasing to have effect under subsection (6).