(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 [F1special educational needs] [F2or additional learning needs];
(c)the reasonable requirements of pupils and children, including persons with [F3special educational needs] [F4or 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—
F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
F6(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)“Relevant learner” means a person seeking to obtain, or who may reasonably be expected to seek to obtain, a regulated qualification.
Textual Amendments
F1Words in s. 129(2)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 94(a); S.I. 2014/889, art. 7(a)
F2Words in s. 129(2)(b) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 17(a); S.I. 2021/373, art. 8(j)(xxx)
F3Words in s. 129(2)(c) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 94(a); S.I. 2014/889, art. 7(a)
F4Words in s. 129(2)(c) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 17(b); S.I. 2021/373, art. 8(j)(xxx)
F5S. 129(4)(a) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 23; S.I. 2012/924, art. 2
F6S. 129(9) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 94(b); S.I. 2014/889, art. 7(a)
F7S. 129(10) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 94(b); S.I. 2014/889, art. 7(a)
Commencement Information
I1S. 129 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1