Apprenticeships, Skills, Children and Learning Act 2009

151 Power to give directions

(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.