Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

Part 7 E+W+N.I. The Office of Qualifications and Examinations Regulation

Chapter 2 E+W+N.I. Functions in relation to qualifications

Minimum requirements E+W+N.I.

141 Power to specify minimum requirements E+W+N.I.

(1) The Secretary of State may by order specify minimum requirements in respect of a specified qualification, or description of qualification, to which this section applies.

(2) But the Secretary of State may make an order under subsection (1) only if satisfied that it is necessary to do so for the purpose of ensuring that the curriculum studied by persons taking a course leading to the qualification, or a qualification of the description, is appropriate, having regard to the likely ages of those persons.

(3) This section applies to a qualification, or description of qualification, if—

(a) the qualification, or each qualification of the description, is one to which this Part applies, and

(b) the condition in subsection (4) is met in relation to the qualification or each qualification of the description.

(4) The condition is that—

(a) one or more forms of the qualification is (or are) approved under section 98 of the Learning and Skills Act 2000 (c. 21), or

(b) the Secretary of State reasonably expects approval under that section to be sought for one or more forms of the qualification.

(5) A minimum requirement in respect of a qualification or description of qualification is a requirement which relates to the knowledge, skills or understanding which a person must demonstrate in order to obtain the qualification or a qualification of the description.

Commencement Information

I1 S. 141 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

142 Consultation before making order specifying minimum requirements E+W+N.I.

(1) Before making an order under section 141(1) the Secretary of State must consult Ofqual and such other persons as the Secretary of State considers appropriate.

(2) For the purposes of consulting under subsection (1) the Secretary of State must publish a document setting out—

(a) the grounds on which the Secretary of State is satisfied of the matter specified in section 141(2),

(b) the proposed minimum requirements, and

(c) the Secretary of State's reasons for proposing those minimum requirements.

(3) The Secretary of State must provide a copy of the document to Ofqual and any other persons the Secretary of State proposes to consult under subsection (1).

Commencement Information

I2 S. 142 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

143 Effect of order specifying minimum requirements E+W+N.I.

(1) This section applies in relation to a qualification or description of qualification in respect of which minimum requirements specified in an order under section 141(1) have effect.

(2) Ofqual must perform its functions under sections 133, 134 and 140 in relation to the qualification or description of qualification in a way which secures that the minimum requirements in respect of the qualification or description of qualification are met.

(3) But Ofqual is not required to comply with the duty imposed by subsection (2) if it appears to Ofqual that complying with that duty would result in the level of attainment (in terms of depth of knowledge, skills or understanding) indicated by the qualification or description of qualification not being consistent with that indicated by comparable regulated qualifications.

Commencement Information

I3 S. 143 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

144 Revocation and amendment of orders specifying minimum requirements E+W+N.I.

(1) Subsection (2) applies if—

(a) the Secretary of State has made an order under section 141(1) in respect of a qualification or description of qualification, and

(b) the qualification or description of qualification ceases to be one to which section 141 applies.

(2) The Secretary of State may by order—

(a) revoke the order, or

(b) amend it for the purpose of removing the qualification or description of qualification from the application of the order.

(3) Subsections (1) and (2) do not affect the power of the Secretary of State to revoke or amend an order under section 141(1) in other circumstances.

(4) Sections 141(2) and 142 do not apply to an order—

(a) revoking an order under section 141(1), or

(b) amending an order under section 141(1) for the purpose only of removing a qualification or description of qualification from the application of the order.

Commencement Information

I4 S. 144 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1