Part V

Miscellaneous and general

External qualifications

Persons over 19.
97
1
This section applies if an institution or employer—
a
receives financial resources from an authorised body (as defined in section 100), and
b
provides for persons who have attained the age of 19 a course of education or training which leads to an external qualification.
2
The authorised body must carry out its functions with a view to securing that, unless the external qualification is approved under section 98 or 99, the institution or employer does not make a payment which—
a
is a payment in respect of the qualification,
b
is made to the outside person who awards or authenticates the qualification, and
c
can reasonably be said to consist of or come from the financial resources received from the authorised body (or those resources and others).
3
The course mentioned in subsection (1) may be one of two or more components leading to the same qualification.
4
An external qualification is a qualification awarded or authenticated by an outside person, other than a qualification resulting from any of these courses—
a
a course for the further training of teachers or youth and community workers;
b
a post-graduate course (including a higher degree course);
c
a first degree course;
d
a course for the Diploma of Higher Education;
e
a course for the Certificate in Education.
5
A qualification is awarded by an outside person if it is awarded by a person other than the institution or employer or a member of its or his staff.
6
A qualification is authenticated by an outside person if it is awarded by the institution or employer and is authenticated by a person other than the institution or employer or a member of its or his staff.
7
A payment in respect of a qualification includes a payment in respect of—
a
devising, administering, verifying or certifying the qualification;
b
setting or moderating examinations for the purposes of the qualification;
c
registering, assessing or examining candidates.
S. 97 wholly in force at 1.9.2002; s. 97 not in force at Royal Assent see s. 154; s. 97 in force for W. at 1.9.2002 by S.I. 2001/2705, art. 2(2), Sch. Pt. II; s. 97 in force for E. at 1.8.2002 by S.I. 2002/279, art. 2(3)(a)