8General recognition of an awarding body
(1)An awarding body may apply to Qualifications Wales for general recognition as a body awarding qualifications in Wales.
(2)The awarding body may specify in its application a qualification or description of qualification in respect of the award of which it does not wish to be recognised.
(3)If the body meets the general recognition criteria most recently published under section 5, Qualifications Wales must recognise the awarding body.
(4)If the body does not meet all of those criteria Qualifications Wales may nevertheless, if it thinks it appropriate to do so, recognise the body.
(5)In determining whether it is appropriate to recognise a body under subsection (4), Qualifications Wales must have regard to—
(a)whether the body substantially meets the general recognition criteria,
(b)the effect of its failure to meet those criteria in full, and
(c)the likelihood of its subsequently meeting the criteria in full.
(6)Where a qualification or description of qualification is specified by an awarding body in accordance with subsection (2), references to the general recognition criteria in subsections (3) to (5) are not to be treated as including those criteria to the extent that they apply in respect of the award of the qualification or description of qualification specified.
(7)Where an awarding body is recognised under this section other than in respect of the award of a qualification or description of qualification specified by it in accordance with subsection (2), or a qualification or description of qualification in respect of the award of which recognition under this section has been surrendered or withdrawn, it may apply to Qualifications Wales to be recognised in respect of the award of the qualification or description of qualification.
(8)Subsections (2) to (6) apply for the purposes of an application under subsection (7) as if it were an application under subsection (1).
(9)The effect of recognition under this section is that the body is recognised in respect of the award in Wales of qualifications other than—
(a)those qualifications in respect of which qualification specific recognition criteria apply,
(b)any qualification or description of qualification specified in accordance with subsection (2), and
(c)any qualification or description of qualification in respect of the award of which recognition under this section has ceased to have effect by virtue of being surrendered or withdrawn.