Part 7The Office of Qualifications and Examinations Regulation

Chapter 2Functions in relation to qualifications

Recognised bodies: monitoring and enforcement

I1153Qualifications regulatory framework

1

Ofqual must prepare and publish—

a

a statement of how Ofqual intends to perform the monitoring and enforcement functions, and

b

guidance to recognised bodies in relation to the award and authentication of qualifications in respect of which they are recognised.

2

The statement and guidance mentioned in subsection (1) are together referred to in this section as “the qualifications regulatory framework”.

3

Guidance under subsection (1)(b) must include guidance for the purpose of helping to determine whether or not behaviour complies with the general conditions to which a recognition is subject (see section 134).

4

The guidance may in particular specify—

a

descriptions of behaviour which Ofqual considers complies with a general condition;

b

descriptions of behaviour which Ofqual considers does not comply with a general condition;

c

factors which Ofqual will take into account in determining whether or not a recognised body's behaviour complies with a general condition.

5

Ofqual—

a

may revise the qualifications regulatory framework, and

b

if it does so, must publish the revised version.

6

Before publishing the qualifications regulatory framework or a revised version of it, Ofqual must consult such persons as it considers appropriate.

7

A recognised body must have regard to guidance under subsection (1)(b) in awarding or authenticating a qualification in respect of which it is recognised.

8

In subsection (1) “the monitoring and enforcement functions” means—

a

Ofqual's power under section 132(3)(d) (power to impose other conditions);

b

Ofqual's functions under sections 132(4) and 134 (functions in relation to general conditions);

c

Ofqual's functions under an entry and inspection condition to which a recognition is subject (see section 135);

d

Ofqual's functions under section 138(1) (power to determine that a qualification is subject to the accreditation requirement);

e

Ofqual's functions under sections 149 to F1152C .