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Apprenticeships, Skills, Children and Learning Act 2009

Changes over time for: Section 129

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Apprenticeships, Skills, Children and Learning Act 2009, Section 129 is up to date with all changes known to be in force on or before 17 January 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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129General dutiesE+W+N.I.
This section has no associated Explanatory Notes

(1)So far as reasonably practicable, in performing its functions Ofqual must act in a way—

(a)which is compatible with its objectives, and

(b)which it considers most appropriate for the purpose of meeting its objectives.

(2)So far as relevant, in performing its functions Ofqual must have regard to—

(a)the need to ensure that the number of regulated qualifications available for award or authentication is appropriate;

(b)the other reasonable requirements of relevant learners, including persons with [F1special educational needs] ;

(c)the reasonable requirements of pupils and children, including persons with [F2special educational needs] , in relation to regulated assessment arrangements;

(d)the reasonable requirements of industry, commerce, finance, the professions and other employers regarding education and training (including required standards of practical competence);

(e)the reasonable requirements of institutions within the higher education sector;

(f)information provided to Ofqual by a person falling within subsection (4);

(g)the desirability of facilitating innovation in connection with the provision of regulated qualifications;

(h)the specified purposes of regulated assessment arrangements.

(3)For the purposes of subsection (2)(a) the number of regulated qualifications available for award or authentication is appropriate if the number is such that—

(a)there is a reasonable level of choice for learners, in terms of both the number of different regulated qualifications and the number of different forms of such qualifications, but

(b)the number of different regulated qualifications in similar subject areas or serving similar functions is not excessive.

(4)The persons falling within this subsection are—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)Her Majesty's Chief Inspector of Education, Children's Services and Skills;

(a)such other relevant persons, or relevant persons of such a description, as the Secretary of State may direct.

(5)In subsection (4)(c) “relevant person” means a person who appears to the Secretary of State to have knowledge of, or expertise in, requirements of a kind mentioned in subsection (2)(d).

(6)In performing its functions Ofqual must also have regard to such aspects of government policy as the Secretary of State may direct.

(7)The Secretary of State must publish a direction given under subsection (6).

(8)Ofqual must perform its functions efficiently and effectively.

F4(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)Relevant learner” means a person seeking to obtain, or who may reasonably be expected to seek to obtain, a regulated qualification.

Textual Amendments

F3S. 129(4)(a) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 23; S.I. 2012/924, art. 2

Commencement Information

I1S. 129 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

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