The Qualifications Wales Act 2015 (Commencement No. 2 and Transitional and Saving Provisions) Order 2015

Applications for surrender of recognition

8.—(1) This article applies where before 21 September 2015—

(a) a person recognised under section 30(1)(e) of the 1997 Act has given notice to the Welsh Ministers under section 32C(1) (surrender of recognition) of that Act(1) and that notice has not been withdrawn, and

(b) the Welsh Ministers have not given a notice under section 32C(2) of the date on which that person is to cease to be recognised in the respect in question.

(2) If that person has given a notice which is within paragraph (4), the person is to be treated as having given a surrender notice under paragraph 17 of Schedule 3 to the Act which—

(a) is received on the date that the notice within paragraph (4) is received by the Welsh Ministers or Qualifications Wales,

(b) is in respect of the same qualifications as the notice given under section 32C(1) of the 1997 Act, and

(c) specifies the date given in the notice within paragraph (4) as the date for the purposes of paragraph 17(2) of that Schedule.

(3) If, before 21 September 2015, the person has not given a notice which is within paragraph (4), as soon as reasonably practicable Qualifications Wales must inform the person that it must give a notice to Qualifications Wales which is within paragraph (4) before Qualifications Wales can determine when recognition in the respect concerned is to cease to have effect.

(4) A notice is within this paragraph if it is a notice in writing from the person stating the date with the expiry of which the person wishes to cease to be recognised and if given—

(a) before 21 September 2015, is given to the Welsh Ministers, or

(b) on or after that date, is given to Qualifications Wales.

(1)

Section 32C was inserted by the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), Schedule 12, paragraphs 12 and 19.