Valid from 01/10/2002
4E+WAfter section 26 of the Education Act 1997 (c. 44) there is inserted—
“26A Power of Authority to give directions
(1)If it appears to the Qualifications and Curriculum Authority—
(a)that any person (in this section referred to as “the awarding body”) who, either alone or jointly with others, awards or authenticates any qualification accredited by the Authority 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 Authority may direct the awarding body to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.
(2)It shall be the duty of the awarding body to comply with any direction under this section.
(3)Any direction under this section is enforceable, on the application of the Qualifications and Curriculum Authority—
(a)in England and Wales, by a mandatory order, or
(b)in Northern Ireland, by an order of mandamus.”