Apprenticeships, Skills, Children and Learning Act 2009

MembershipE+W+N.I.

2(1)Ofqual is to consist of—E+W+N.I.

[F1(za)a member appointed by Her Majesty by Order in Council as the chief executive of Ofqual,]

(a)a member appointed by [F2the Secretary of State to chair Ofqual (“the chair”), and]

(b)between 7 and 12 members appointed by the Secretary of State (the “ordinary members”), F3...

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The person appointed by Her Majesty [F4as the chief executive of ] Ofqual is to be known as the Chief Regulator of Qualifications and Examinations (“the Chief Regulator”).

(3)Ofqual may appoint one of the ordinary members as deputy to the [F5chair] (“the deputy”).

(4)Before appointing a person as an ordinary member, the Secretary of State must consult the [F5chair] or the deputy (subject to sub-paragraph (6)).

(5)The Secretary of State may consult the deputy instead of the [F5chair] only if satisfied that—

(a)it is not practicable to consult the [F5chair] , and

(b)it is necessary to make the appointment before it would be practicable to do so.

(6)The Secretary of State may appoint a person as an ordinary member without consulting either the [F5chair] or the deputy if satisfied that—

(a)it is not practicable to consult either of those persons, and

(b)it is necessary to make the appointment before it would be practicable to do so.

F6(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 9 para. 2(1)(za) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 2(2)(a); S.I. 2012/924, art. 2

F2Words in Sch. 9 para. 2(1)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 2(2)(b); S.I. 2012/924, art. 2

F3Sch. 9 para. 2(1)(c) and word omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 2(2)(c); S.I. 2012/924, art. 2

F4Words in Sch. 9 para. 2(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 2(3); S.I. 2012/924, art. 2

F5Word in Sch. 9 para. 2(3)-(6) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 7 para. 2(4); S.I. 2012/924, art. 2

Commencement Information

I1Sch. 9 para. 2 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1