Part 7

The Office of Qualifications and Examinations Regulation
Chapter 2

Functions in relation to qualifications

Accreditation of certain qualifications

Qualifications subject to the accreditation requirement
138
1
Ofqual may determine that a specified qualification, or description of qualification, to which this Part applies is subject to the accreditation requirement.
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.
1A
A technical education qualification is within this subsection if—
a
it
is an approved technical education qualification, or
b
the
Secretary of State
—
i
has notified Ofqual that the
Secretary of State
is considering whether or not to approve the qualification as an approved technical education qualification, and
ii
has not notified Ofqual of
the 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.
7
Where the
Secretary of State
has notified Ofqual under subsection
(1A)
(b)
(i)
that
the Secretary of State
is considering whether or not to approve the qualification,
the Secretary of State
must also notify Ofqual of
the Secretary of State’s
decision.
8
In this section—
...
- “
approved technical education qualification
” and “
technical education qualification
” have the meanings given by section
A12
(1)
.
S. 138 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1
S. 138(1A) inserted (30.9.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 10(a), 36(3); S.I. 2022/965, reg. 3(5) (with regs. 4, 5)
S. 138(7)(8) inserted (30.9.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 10(b), 36(3); S.I. 2022/965, reg. 3(5) (with regs. 4, 5)
S. 138(1ZA) inserted (1.6.2025) by Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025 (c. 14), ss. 8(2), 12(1)(a) (with s. 13); S.I. 2025/598, reg. 3(f)
Words in s. 138(7) substituted (1.6.2025) by Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025 (c. 14), s. 12(1)(b), Sch. 1 para. 31(3)(a) (with s. 13); S.I. 2025/598, reg. 3(g)
Words in s. 138(7) substituted (1.6.2025) by Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025 (c. 14), s. 12(1)(b), Sch. 1 para. 31(3)(b) (with s. 13); S.I. 2025/598, reg. 3(g)
Words in s. 138(8) omitted (1.6.2025) by virtue of Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025 (c. 14), s. 12(1)(b), Sch. 1 para. 31(4) (with s. 13); S.I. 2025/598, reg. 3(g)
Word in s. 138(1A)(a) substituted (1.6.2025) by Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025 (c. 14), ss. 8(3)(b), 12(1)(a) (with s. 13); S.I. 2025/598, reg. 3(f)
Words in s. 138(1A)(b) substituted (1.6.2025) by Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025 (c. 14), s. 12(1)(b), Sch. 1 para. 31(2)(a) (with s. 13); S.I. 2025/598, reg. 3(g)
Words in s. 138(1A)(b)(ii) substituted (1.6.2025) by Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025 (c. 14), s. 12(1)(b), Sch. 1 para. 31(2)(b) (with s. 13); S.I. 2025/598, reg. 3(g)
Words in s. 138(1A) substituted (1.6.2025) by Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025 (c. 14), ss. 8(3)(a), 12(1)(a) (with s. 13); S.I. 2025/598, reg. 3(f)
Words in s. 138(7) substituted (1.6.2025) by Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025 (c. 14), s. 12(1)(b), Sch. 1 para. 31(3)(c) (with s. 13); S.I. 2025/598, reg. 3(g)