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Apprenticeships, Skills, Children and Learning Act 2009
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- s. 151(1) substituted by 2011 c. 21 s. 23(2)
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
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- Act modified by S.I. 2011/908 art. 14
- Act text amended by S.I. 2010/1158 Sch. 2 para. 16(2)(3)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 71A inserted by S.I. 2011/1726 reg. 7
- s. 71A(1) words substituted by 2011 c. 25 Sch. 7 para. 139
- s. 83A 83B inserted by 2011 c. 21 s. 69(2)
- s. 118A inserted by 2011 c. 21 s. 72
- s. 151A-151D inserted by 2011 c. 21 s. 23(3)
- s. 152A-152C inserted by 2011 c. 21 s. 23(5)
Commencement Orders yet to be applied to the Apprenticeships, Skills, Children and Learning Act 2009:
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2009/3317 art. 2 commences (2009 c. 22)
- S.I. 2009/3341 art. 2 commences (2009 c. 22)
- S.I. 2010/303 art. 2-7 Sch. 1-6 commences (2009 c. 22)
- S.I. 2010/1151 art. 22 amendment to earlier commencing SI 2010/303
- S.I. 2010/1702 art. 2 amendment to earlier commencing SI 2010/1151
- S.I. 2010/1891 art. 2 amendment to earlier commencing SI 2010/303
- S.I. 2010/2374 art. 2 3 commences (2009 c. 22)
- S.I. 2011/200 art. 2 3 4 commences (2009 c. 22)
- S.I. 2011/829 art. 2 commences (2009 c. 22)
- S.I. 2011/882 art. 2 amendment to earlier commencing SI 2010/303 art. 7 Sch. 6
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2010/1937 art. 2-5 commences (2010 c. 32)
- S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
- S.I. 2010/2413 art. 2 commences (2009 c. 22)
- S.I. 2012/84 art. 2 3 commences (2011 c. 21)
- S.I. 2012/924 art. 2 Coming into force
- S.I. 2012/1087 art. 2 3 commences (2011 c. 21)
Prospective
151Power to give directionsE+W+N.I.
This section has no associated Explanatory Notes
(1)Subsection (2) applies if it appears to Ofqual—
(a)that a recognised body has failed or is likely to fail to comply with any condition to which the recognition is subject, and
(b)that the failure prejudices or would be likely to prejudice—
(i)the proper award or authentication by the body of any qualification in respect of which the body is recognised, or
(ii)persons who might reasonably be expected to seek to obtain such a qualification awarded or authenticated by the body.
(2)Ofqual may direct the recognised body to take or refrain from taking specified steps with a view to securing compliance with the condition.
(3)Before giving a recognised body a direction under this section Ofqual must give notice to the body of its intention to do so.
(4)The notice must—
(a)set out Ofqual's reasons for proposing to give the direction, and
(b)specify the period during which, and the way in which, the recognised body may make representations about the proposal.
(5)Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to give a direction to the body.
(6)A recognised body must comply with a direction given to it under this section.
(7)A direction under this section is enforceable, on the application of Ofqual—
(a)in England and Wales, by a mandatory order, or
(b)in Northern Ireland, by an order of mandamus.
(8)A direction given under this section may be amended or revoked by Ofqual; and subsections (3) to (5) apply to the amendment of a direction as they apply to the giving of a direction.
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