Apprenticeships, Skills, Children and Learning Act 2009

132 Recognition

(1) Ofqual must recognise an awarding body in respect of the award or authentication of a specified qualification, or description of qualification, to which this Part applies if—

(a) the awarding body has applied for recognition in the respect in question, and

(b) the body meets the applicable criteria for recognition most recently published under section 133.

(2) Ofqual may not recognise an awarding body if the requirements set out in paragraphs (a) and (b) of subsection (1) are not met by the body.

(3) A recognition—

(a) has effect from such date as Ofqual may specify,

(b) is subject to the general conditions,

(c) if in respect of a qualification subject to the accreditation requirement, is subject to an accreditation condition, and

(d) is subject to such other conditions that Ofqual may impose at the time of recognition or later.

(4) But Ofqual may, at the time of recognition or later, determine that a specified recognition is not to be subject to a specified general condition.

(5) An accreditation condition in respect of a qualification subject to the accreditation requirement is a condition requiring that the recognised body may award or authenticate a particular form of the qualification only if, at the time of the award or authentication, that form of the qualification is accredited under section 139.

(6) Ofqual may not charge an awarding body in respect of recognition.

(7) If Ofqual refuses an application for recognition it must provide the awarding body with a statement setting out the reasons for its decision.

(8) In this section “the general conditions”, in respect of a recognition of an awarding body, means the general conditions for the time being in force under section 134 which are applicable to the recognition and the body.

(9) In this Chapter—

• “awarding body” means a person who awards or authenticates, or who proposes to award or authenticate, a qualification to which this Part applies;

• “recognised body” means an awarding body recognised under this section;

• a “recognition” means a recognition under this section.