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(1)For the purposes of this Part a qualification is within the QCDA’s remit if—
(a)it is an academic or vocational qualification awarded or authenticated in England, and
(b)it is not an excluded qualification.
(2)But the Secretary of State may by order provide that a specified qualification, or qualifications of a specified description, despite falling within subsection (1), is or are outside the QCDA’s remit for the purposes of this Part.
(3)For the purposes of subsection (1) a qualification is awarded or authenticated in England if there are, or may reasonably be expected to be, persons seeking to obtain the qualification who are, will be or may reasonably be expected to be assessed for those purposes wholly or mainly in England.
(4)An excluded qualification is a qualification awarded or authenticated by an institution within the higher education sector—
(a)at foundation degree level or any comparable level, or
(b)at first degree level, or any comparable or higher level.
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