Part 7The Office of Qualifications and Examinations Regulation

Chapter 1Establishment, objectives and general duties

Objectives and general duties

I1129General duties

1

So far as reasonably practicable, in performing its functions Ofqual must act in a way—

a

which is compatible with its objectives, and

b

which it considers most appropriate for the purpose of meeting its objectives.

2

So far as relevant, in performing its functions Ofqual must have regard to—

a

the need to ensure that the number of regulated qualifications available for award or authentication is appropriate;

b

the other reasonable requirements of relevant learners, including persons with F2special educational needsF6or additional learning needs;

c

the reasonable requirements of pupils and children, including persons with F3special educational needsF7or additional learning needs, in relation to regulated assessment arrangements;

d

the reasonable requirements of industry, commerce, finance, the professions and other employers regarding education and training (including required standards of practical competence);

e

the reasonable requirements of institutions within the higher education sector;

f

information provided to Ofqual by a person falling within subsection (4);

g

the desirability of facilitating innovation in connection with the provision of regulated qualifications;

h

the specified purposes of regulated assessment arrangements.

3

For the purposes of subsection (2)(a) the number of regulated qualifications available for award or authentication is appropriate if the number is such that—

a

there is a reasonable level of choice for learners, in terms of both the number of different regulated qualifications and the number of different forms of such qualifications, but

b

the number of different regulated qualifications in similar subject areas or serving similar functions is not excessive.

4

The persons falling within this subsection are—

F1a

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b

Her Majesty's Chief Inspector of Education, Children's Services and Skills;

c

such other relevant persons, or relevant persons of such a description, as the Secretary of State may direct.

5

In subsection (4)(c) “relevant person” means a person who appears to the Secretary of State to have knowledge of, or expertise in, requirements of a kind mentioned in subsection (2)(d).

6

In performing its functions Ofqual must also have regard to such aspects of government policy as the Secretary of State may direct.

7

The Secretary of State must publish a direction given under subsection (6).

8

Ofqual must perform its functions efficiently and effectively.

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F510

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11

“Relevant learner” means a person seeking to obtain, or who may reasonably be expected to seek to obtain, a regulated qualification.