Education and Skills Act 2008

162 Functions of Welsh Ministers etc

(1) The Education Act 1997 (c. 44) is amended as follows.

(2) Section 30 (functions in Wales in relation to external vocational and academic qualifications) is amended as follows.

(3) In subsection (1)—

(a) the existing paragraphs (i) to (vi) are re-numbered as paragraphs (a) to (f);

(b) for paragraph (d) (as re-numbered) substitute—

“(ca) to develop and publish criteria for the recognition of persons who, as outside persons, award or authenticate such qualifications or credits in respect of components of such qualifications;

(cb) to recognise, where they meet such criteria, any such persons who apply to be recognised;

(d) to develop and publish criteria for the accreditation of such qualifications where they are awarded or authenticated by persons recognised under paragraph (cb);”;

(c) after paragraph (e) (as re-numbered) insert—

“(ea) to develop and publish rules and procedures for dealing with the effect on the continued accreditation of such qualifications where any person awarding or authenticating them ceases to be recognised;”.

(4) For subsections (1B) and (1C) substitute—

“(1B) The following functions are exercisable solely by the Welsh Ministers—

(a) the functions set out in paragraphs (ca) and (cb) of subsection (1); and

(b) the functions set out in the other paragraphs of that subsection so far as they relate to external qualifications other than National Vocational Qualifications.

(1C) The functions set out in those other paragraphs so far as they relate to National Vocations Qualifications are exercisable as follows—

(a) the functions set out in paragraphs (a) to (c), (d) and (ea) of subsection (1) are exercisable concurrently by the Welsh Ministers and the Qualifications and Curriculum Authority; and

(b) the functions set out in paragraphs (e) and (f) of that subsection are exercisable solely by the Qualifications and Curriculum Authority.

(1D) Subsections (1B) and (1C) are subject to any exercise of the power conferred by subsection (2).”

(5) After subsection (5) insert—

“(6) Subsection (7) of section 24 (interpretation of references to the award or authentication by outside persons of external qualifications or credits in respect of components of them) applies for the purposes of this section as it applies for the purposes of that section.”

(6) Section 32 (supplementary provisions relating to discharge by Welsh Ministers of their functions) is amended as follows.

(7) In subsection (3), before “accredits” insert “recognises any person or”.

(8) In subsection (3A)—

(a) before “accredits” insert “recognises any person or”;

(b) after “at the time of” insert “recognition or of”;

(c) after “conditions on” insert “recognition or”;

(d) after “continued” insert “recognition or”.

(9) In subsection (4)(b)(i), for the words from “maintained” to “receiving the accreditation” substitute “maintained by the recognised person in question in relation to the award or authentication of qualifications generally or in relation to the award or authentication of the qualification in question”.

(10) For section 32A substitute—

“32A Power of Welsh Ministers to give directions

(1) If it appears to the Welsh Ministers—

(a) that any recognised person has failed or is likely to fail to comply with any condition subject to which the recognition has effect, and

(b) that the failure—

(i) prejudices or would be likely to prejudice the proper award or authentication by that person of any qualification accredited by them or by the Qualifications and Curriculum Authority, or

(ii) prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain any such qualification awarded or authenticated by that person,

the Welsh Ministers may direct the recognised person to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the recognition has effect.

(2) If it appears to the Welsh Ministers—

(a) that any recognised person who awards or authenticates any qualification accredited by them has failed or is likely to fail to comply with any condition subject to which the accreditation has effect, and

(b) that the failure—

(i) prejudices or would be likely to prejudice the proper award or authentication of the qualification, or

(ii) prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain the qualification,

the Welsh Ministers may direct the recognised person to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.

(3) It shall be the duty of the recognised person to comply with any direction under this section.

(4) Any direction under this section is enforceable, on the application of the Welsh Ministers, by a mandatory order.

(5) In this section “recognised person” means a person recognised by the Welsh Ministers.

(6) In this section any reference to the award or authentication of any qualification by any person is a reference to its award or authentication by any person alone or jointly with others.”