Apprenticeships, Skills, Children and Learning Act 2009

Chapter 2 E+W Functions in relation to qualifications

178 Qualifications within the QCDA's remit E+W

(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.

Commencement Information

I1 S. 178(1)(3)(4) in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

I2 S. 178(2) in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

179 Qualifications: general functions E+W

(1) The QCDA must keep under review all aspects of qualifications within its remit.

(2) The QCDA—

(a) may advise the Secretary of State on matters concerning qualifications within its remit, and

(b) must advise the Secretary of State on any such matters which are referred to the QCDA by the Secretary of State.

(3) The QCDA may and, if requested to do so by the Secretary of State, must—

(a) carry out programmes of research and development for purposes connected with qualifications within its remit, or

(b) commission, co-ordinate or facilitate the carrying out of such programmes.

(4) The QCDA may publish and disseminate, or facilitate the publication or other dissemination of, information relating to qualifications within its remit.

Commencement Information

I3 S. 179 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

180 Assistance etc. in relation to qualifications functions of Ofqual E+W

(1) The QCDA must, if requested to do so by Ofqual, assist Ofqual in setting criteria under section 133 or 140 which relate to a qualification or description of qualification within subsection (2).

(2) A qualification or description of qualification is within this subsection if Ofqual is required to comply with the duty imposed by section 143(2) in relation to it.

(3) The QCDA may—

(a) assist Ofqual in setting qualifications criteria which do not fall within subsection (1), and

(b) provide other assistance, information or advice to Ofqual in connection with the performance by Ofqual of any of its qualifications functions.

(4) In this section—

• “assistance” does not include financial assistance (and “assist” is to be construed accordingly);

• “Ofqual” means the Office of Qualifications and Examinations Regulation;

• “qualifications criteria” means criteria required to be set by Ofqual under—

  (a)

  section 133 (criteria for recognition of awarding bodies),

  (b)

  section 140 (criteria for accreditation of qualifications subject to the accreditation requirement), and

  (c)

  section 146 (criteria in connection with the assignment of number of hours of guided learning);

• “qualifications functions” means functions in connection with qualifications to which Part 7 applies (see section 130).

Commencement Information

I4 S. 180(1)-(3) in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

I5 S. 180(4) in force at 1.4.2010 for specified purposes by S.I. 2010/1151, art. 2, Sch. 1