Apprenticeships, Skills, Children and Learning Act 2009

Membership

2 (1) Ofqual is to consist of—

(a) a member appointed by Her Majesty by Order in Council to chair Ofqual,

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

(c) the chief executive of Ofqual.

(2) The person appointed by Her Majesty to chair 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 Chief Regulator (“the deputy”).

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

(5) The Secretary of State may consult the deputy instead of the Chief Regulator only if satisfied that—

(a) it is not practicable to consult the Chief Regulator, 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 Chief Regulator 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.

(7) One of the ordinary members (“the Northern Ireland member”) must be a person appointed following consultation with the Department for Employment and Learning in Northern Ireland.