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 .