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Part 7E+W+N.I.The Office of Qualifications and Examinations Regulation

Chapter 2E+W+N.I.Functions in relation to qualifications

Recognised bodies: monitoring and enforcementE+W+N.I.

151Power to give directionsE+W+N.I.

[F1(1)Subsection (2) applies if it appears to Ofqual that a recognised body has failed or is likely to fail to comply with a condition to which the recognition is subject.]

(2)Ofqual may direct the recognised body to take or refrain from taking specified steps with a view to securing compliance with the condition.

(3)Before giving a recognised body a direction under this section Ofqual must give notice to the body of its intention to do so.

(4)The notice must—

(a)set out Ofqual's reasons for proposing to give the direction, and

(b)specify the period during which, and the way in which, the recognised body may make representations about the proposal.

(5)Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to give a direction to the body.

(6)A recognised body must comply with a direction given to it under this section.

(7)A direction under this section is enforceable, on the application of Ofqual—

(a)in England and Wales, by a mandatory order, F2...

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)A direction given under this section may be amended or revoked by Ofqual; and subsections (3) to (5) apply to the amendment of a direction as they apply to the giving of a direction.

Textual Amendments

F1S. 151(1) substituted (1.5.2012) by Education Act 2011 (c. 21), ss. 23(2), 82(3); S.I. 2012/924, art. 3

Commencement Information

I1S. 151 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1