Part 7The Office of Qualifications and Examinations Regulation

Chapter 2Functions in relation to qualifications

Accreditation of certain qualifications

138Qualifications subject to the accreditation requirement

(1)

Ofqual may determine that a specified qualification, or description of qualification, to which this Part applies is subject to the accreditation requirement.

F1(1ZA)

But Ofqual may not make a determination under subsection (1) in relation to a technical education qualification within subsection (1A) unless the Secretary of State has notified it that it may do so.

F2(1A)

F3A technical education qualification is within this subsection if—

(a)

F4it is an approved technical education qualification, or

(b)

the F5Secretary of State—

(i)

has notified Ofqual that the F5Secretary of State is considering whether or not to approve the qualification as an approved technical education qualification, and

(ii)

has not notified Ofqual of F6the Secretary of State’s decision.

(2)

A determination under subsection (1) may provide that a qualification or description of qualification is subject to the accreditation requirement—

(a)

for all purposes, or

(b)

for the purposes of award or authentication by a specified awarding body.

(3)

Ofqual must publish a determination falling within subsection (2)(a).

(4)

Ofqual may revise a determination made under subsection (1).

(5)

If Ofqual revises a determination falling within subsection (2)(a) it must publish the determination as revised.

(6)

Before making or revising a determination under subsection (1) Ofqual must—

(a)

if the determination falls within subsection (2)(a), consult such persons as it considers appropriate, and

(b)

if the determination falls within subsection (2)(b), consult the awarding body in question.

F7(7)

Where the F8Secretary of State has notified Ofqual under subsection (1A)(b)(i) that F9the Secretary of State is considering whether or not to approve the qualification, F9the Secretary of State must also notify Ofqual of F10the Secretary of State’s decision.

(8)

In this section—

F11...

“approved technical education qualification” and “technical education qualification” have the meanings given by section A12(1).