163Duty to notify significant failings
(1)If it appears to Ofqual that there is or is likely to be a significant failing in NC assessment arrangements Ofqual must notify—
(a)the Secretary of State, and
(b)any NC responsible body whose act or omission appears to Ofqual to have contributed to the significant failing.
(2)If it appears to Ofqual that there is or is likely to be a significant failing in EYFS assessment arrangements Ofqual must notify—
(a)the Secretary of State, and
(b)any EYFS responsible body whose act or omission appears to Ofqual to have contributed to the significant failing.
(3)There is a significant failing in NC assessment arrangements or (as the case may be) EYFS assessment arrangements if, as a result of the way in which the arrangements are being developed or implemented, they fail in a significant way to achieve one or more of the specified purposes of the arrangements.