Qualifications Wales Act 2015

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1. Introductory Text

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   PART 1 OVERVIEW

   1. 1. Overview

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   PART 2 ESTABLISHMENT AND PRINCIPAL AIMS OF QUALIFICATIONS WALES

   1. 2. Establishment of Qualifications Wales

   2. 3. Principal aims of Qualifications Wales

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   PART 3 RECOGNITION OF AWARDING BODIES

   1. General

      1. 4. Recognition of awarding bodies

   2. Recognition criteria

      1. 5. Duty to set general recognition criteria

      2. 6. Power to set qualification specific recognition criteria

      3. 7. Revision of general and qualification specific recognition criteria

   3. Recognition of awarding bodies

      1. 8. General recognition of an awarding body

      2. 9. Qualification specific recognition of an awarding body

      3. 10. Rules about applications for recognition

      4. 11. Further provision about recognition

      5. 12. Recognition: interpretation

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   PART 4 PRIORITY QUALIFICATIONS AND APPROVAL OF QUALIFICATIONS

   1. Priority qualifications

      1. 13. Duty to prepare list of priority qualifications

      2. 14. Restricted priority qualifications

      3. 15. Power to make arrangements for development of restricted priority qualification

      4. 16. Approval of a restricted priority qualification developed in accordance with section 15 arrangements

      5. 17. Approval of a restricted priority qualification in the absence of section 15 arrangements

      6. 18. Approval of unrestricted priority qualifications

   2. Other qualifications

      1. 19. Approval of qualifications that are not priority qualifications

   3. Approval criteria

      1. 20. Approval criteria

   4. Power for Welsh Ministers to specify minimum requirements

      1. 21. Power to specify minimum requirements

   5. Supplementary provision relevant to all approvals

      1. 22. Conditions of approval

      2. 23. Duration of approval

      3. 24. Rules about applications for approval

   6. Surrender and withdrawal of approval

      1. 25. Surrender of approval

      2. 26. Transitional provision in connection with surrender of approval

      3. 27. Withdrawal of approval

      4. 28. Transitional provision in connection with withdrawal of approval

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   PART 5 DESIGNATION OF OTHER QUALIFICATIONS

   1. 29. Designation of other qualifications

   2. 30. Further provision about section 29 designations

   3. 31. Transitional provision in connection with section 29 designations

   4. 32. Revocation of section 29 designations

   5. 33. Rules about applications for designation

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   PART 6 FURTHER PROVISION RELEVANT TO RECOGNITION, APPROVAL AND DESIGNATION

   1. Funding etc of certain courses

      1. 34. Restriction on funding and provision of certain courses

   2. Delineation of roles of Qualifications Wales and Ofqual

      1. 35. Award in Wales of an approved qualification: restriction on application of conditions imposed by Ofqual

      2. 36. Restriction on application of conditions imposed by Qualifications Wales

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   PART 7 ENFORCEMENT POWERS OF QUALIFICATIONS WALES

   1. 37. Power to give directions

   2. 38. Power to impose monetary penalties

   3. 39. Monetary penalties: appeals

   4. 40. Monetary penalties: interest

   5. 41. Costs recovery for imposition of sanctions

   6. 42. Costs recovery: appeals

   7. 43. Costs: interest

   8. 44. Entry and inspection of premises

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   PART 8 SUPPLEMENTARY

   1. Commercial activities

      1. 45. Provision of services etc by Qualifications Wales

   2. Review and research

      1. 46. Review and research

   3. Subsidiary functions

      1. 47. Policy statement and statement about consultation

      2. 48. Complaints

      3. 49. Charging scheme

      4. 50. Grants

      5. 51. Provision of information or advice

      6. 52. Joint working

      7. 53. Duty to have regard to government policy and other matters

      8. 54. Performance of regulatory activities by Qualifications Wales

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    PART 9 GENERAL

    1. 55. Regulations

    2. 56. Interpretation of references to “qualification”

    3. 57. General interpretation and index of defined expressions

    4. 58. Consequential amendments

    5. 59. Power to make consequential and transitional provision etc

    6. 60. Coming into force

    7. 61. Short title and inclusion as one of the Education Acts

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       SCHEDULE 1

       QUALIFICATIONS WALES

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          PART 1 ESTABLISHMENT OF QUALIFICATIONS WALES

          1. Status

             1. 1. Qualifications Wales is not to be regarded as the servant...

          2. Membership

             1. 2. Qualifications Wales is to consist of the following members—

          3. The chair and ordinary members

             1. 3. (1) The chair and ordinary members hold and vacate office...

             2. 4. (1) A person is disqualified from being the chair or...

             3. 5. (1) The chair is to be appointed for a term...

             4. 6. (1) Ordinary members are to be appointed for a term...

             5. 7. The chair or an ordinary member may resign from office...

             6. 8. The Welsh Ministers may remove the chair or an ordinary...

             7. 9. Qualifications Wales may, with the Welsh Ministers' approval, pay or...

          4. The chief executive and other staff

             1. 10. (1) The first person appointed as chief executive is to...

             2. 11. A person may not be appointed as chief executive if...

             3. 12. The previous appointment of a person as chief executive does...

             4. 13. The chief executive is a member of Qualifications Wales' staff....

             5. 14. Qualifications Wales may appoint other members of staff.

             6. 15. Except in relation to the first person appointed as chief...

             7. 16. Service as a member of Qualifications Wales' staff is not...

          5. Committees

             1. 17. (1) Qualifications Wales may establish committees. (2) A committee established...

             2. 18. (1) Qualifications Wales may, in connection with the exercise of...

          6. Delegation

             1. 19. (1) Qualifications Wales may delegate any of its functions to—...

             2. 20. (1) A committee established by Qualifications Wales under paragraph 17...

             3. 21. (1) A joint committee may delegate any of its functions...

          7. Procedure

             1. 22. Qualifications Wales may regulate— (a) its own proceedings (including quorum),...

             2. 23. A committee established by Qualifications Wales under paragraph 17 may...

             3. 24. A joint committee may regulate— (a) its own procedure (including...

             4. 25. The validity of proceedings of Qualifications Wales, of a committee...

          8. Register of interests

             1. 26. (1) Qualifications Wales must establish and maintain a system for...

          9. Supplementary powers

             1. 27. (1) Qualifications Wales may do anything that it considers necessary...

          10. Annual and other reports

              1. 28. (1) As soon as reasonably practicable after the end of...

              2. 29. Qualifications Wales must— (a) lay a copy of the annual...

              3. 30. Qualifications Wales may if it thinks fit prepare and publish...

          11. Finance

              1. 31. (1) The Welsh Ministers may make grants to Qualifications Wales...

          12. Accounts and audit

              1. 32. (1) Qualifications Wales must keep proper accounts and proper records...

              2. 33. (1) No later than 31 August after the end of...

              3. 34. In paragraphs 32 and 33 “financial year” means—

          13. Examination of use of resources

              1. 35. (1) The Auditor General for Wales may carry out examinations...

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          PART 2 CONSEQUENTIAL AMENDMENTS

          1. Care Standards Act 2000 (c.14)

             1. 36. In Schedule 2A to the Care Standards Act 2000 (persons...

          2. Freedom of Information Act 2000 (c.36)

             1. 37. In Part 6 of Schedule 1 to the Freedom of...

          3. Public Services Ombudsman (Wales) Act 2005 (c.10)

             1. 38. In Schedule 3 to the Public Services Ombudsman (Wales) Act...

          4. Commissioner for Older People (Wales) Act 2006 (c.30)

             1. 39. In Schedule 2 to the Commissioner for Older People (Wales)...

          5. Equality Act 2010 (c.15)

             1. 40. In Part 2 of Schedule 19 to the Equality Act...

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       SCHEDULE 2

       TRANSFERS OF PROPERTY AND STAFF TO QUALIFICATIONS WALES

       1. 1. (1) The Welsh Ministers may make one or more schemes...

       2. 2. A transfer scheme may provide— (a) for modification by agreement;...

       3. 3. For the purposes of this Schedule— (a) an individual who...

       4. 4. In this Schedule— “civil service” (“gwasanaeth sifil”) means the civil...

       5. 5. The Welsh Ministers must lay a copy of a transfer...

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       SCHEDULE 3

       FURTHER PROVISION ABOUT RECOGNITION OF AWARDING BODIES

       1. Duration of recognition

          1. 1. (1) The recognition of an awarding body has effect from...

       2. Standard conditions of recognition

          1. 2. (1) Qualifications Wales must prepare and publish conditions (the “standard...

          2. 3. (1) Qualifications Wales may revise the standard conditions; and if...

       3. Special conditions to which recognition may be subject

          1. 4. (1) The recognition of a body may, in addition, be...

          2. 5. (1) Qualifications Wales may revise or revoke a special condition....

       4. Fee capping conditions

          1. 6. (1) A fee capping condition is a special condition limiting...

          2. 7. Qualifications Wales may impose a fee capping condition only if...

       5. Procedure for imposing fee capping conditions

          1. 8. (1) Before imposing a fee capping condition, Qualifications Wales must...

          2. 9. (1) If Qualifications Wales decides to impose the fee capping...

       6. Review of fee capping conditions

          1. 10. (1) Qualifications Wales must make arrangements for a decision under...

       7. Revision of fee capping conditions

          1. 11. Paragraphs 8 to 10 apply in respect of a revision...

       8. Transfer conditions

          1. 12. (1) A transfer condition is a special condition requiring an...

          2. 13. (1) If Qualifications Wales proposes to give a direction to...

          3. 14. (1) If Qualifications Wales decides to give the direction, it...

          4. 15. If Qualifications Wales gives a direction to an awarding body...

       9. Review of decision to give direction

          1. 16. (1) Qualifications Wales must make arrangements for its decision to...

       10. Surrender of recognition

           1. 17. (1) A recognised body may give notice (a “surrender notice”)...

       11. Transitional provision in respect of surrender

           1. 18. (1) Qualifications Wales may, if it considers it appropriate to...

       12. Withdrawal of recognition

           1. 19. (1) If a recognised body fails to comply with any...

       13. Procedure for withdrawal of recognition

           1. 20. (1) Before withdrawing recognition from a recognised body under paragraph...

           2. 21. (1) If Qualifications Wales decides to withdraw recognition, it must...

       14. Review of decision to withdraw recognition

           1. 22. (1) Qualifications Wales must make arrangements for a decision to...

       15. Transitional provision in respect of withdrawal

           1. 23. (1) Notice under paragraph 21 or 22 may include provision...

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       SCHEDULE 4

       CONSEQUENTIAL AMENDMENTS

       1. Education Act 1996 (c.56)

          1. 1. (1) The Education Act 1996 is amended as follows.

       2. Education Act 1997 (c.44)

          1. 2. (1) The Education Act 1997 is amended as follows.

       3. Learning and Skills Act 2000 (c.21)

          1. 3. (1) The Learning and Skills Act 2000 is amended as...

       4. Education Act 2002 (c.32)

          1. 4. Omit paragraph 7 of Schedule 17 to the Education Act...

       5. National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238)

          1. 5. Omit paragraph 72 of Schedule 1 to the National Council...

       6. Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239)

          1. 6. Omit paragraphs 14, 15, 18(c), (d) and (e) and 30...

       7. Government of Wales Act 2006 (c.32)

          1. 7. In section 148 of the Government of Wales Act 2006,...

       8. Education and Skills Act 2008 (c.25)

          1. 8. Omit sections 160(1) and (3) and 162 of the Education...

       9. Apprenticeships, Skills, Children and Learning Act 2009 (c.22)

          1. 9. (1) The Apprenticeships, Skills, Children and Learning Act 2009 is...

       10. Education Act 2011 (c.21)

           1. 10. Omit section 24 of the Education Act 2011.

       11. Counter-Terrorism and Security Act 2015 (c.6)

           1. 11. (1) The Counter-Terrorism and Security Act 2015 is amended as...