OpenLegislation

Qualifications Wales Act 2015

2015 anaw 5 · Enacted 5 August 2015 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 August 2024.

An Act of the National Assembly for Wales to establish a new body to be known as Qualifications Wales; providing for Qualifications Wales to be able to recognise bodies responsible for awarding certain qualifications in Wales and to approve certain qualifications awarded in Wales and to perform certain other functions; and for connected purposes.

[5 August 2015]

Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:

Contents

  1. Part 1: OVERVIEW
  2. 1Overview
  3. Part 2: ESTABLISHMENT AND PRINCIPAL AIMS OF QUALIFICATIONS WALES
  4. 2Establishment of Qualifications Wales
  5. 3Principal aims of Qualifications Wales
  6. Part 3: RECOGNITION OF AWARDING BODIES
  7. General
  8. 4Recognition of awarding bodies
  9. Recognition criteria
  10. 5Duty to set general recognition criteria
  11. 6Power to set qualification specific recognition criteria
  12. 7Revision of general and qualification specific recognition criteria
  13. Recognition of awarding bodies
  14. 8General recognition of an awarding body
  15. 9Qualification specific recognition of an awarding body
  16. 10Rules about applications for recognition
  17. 11Further provision about recognition
  18. 12Recognition: interpretation
  19. Part 4: PRIORITY QUALIFICATIONS AND APPROVAL OF QUALIFICATIONS
  20. Priority qualifications
  21. 13Duty to prepare list of priority qualifications
  22. 14Restricted priority qualifications
  23. 15Power to make arrangements for development of restricted priority qualification
  24. 16Approval of a restricted priority qualification developed in accordance with section 15 arrangements
  25. 17Approval of a restricted priority qualification in the absence of section 15 arrangements
  26. 18Approval of unrestricted priority qualifications
  27. Other qualifications
  28. 19Approval of qualifications that are not priority qualifications
  29. Approval criteria
  30. 20Approval criteria
  31. Power for Welsh Ministers to specify minimum requirements
  32. 21Power to specify minimum requirements
  33. Supplementary provision relevant to all approvals
  34. 22Conditions of approval
  35. 23Duration of approval
  36. 24Rules about applications for approval
  37. Surrender and withdrawal of approval
  38. 25Surrender of approval
  39. 26Transitional provision in connection with surrender of approval
  40. 27Withdrawal of approval
  41. 28Transitional provision in connection with withdrawal of approval
  42. Part 5: DESIGNATION OF OTHER QUALIFICATIONS
  43. 29Designation of other qualifications
  44. 30Further provision about section 29 designations
  45. 31Transitional provision in connection with section 29 designations
  46. 32Revocation of section 29 designations
  47. 33Rules about applications for designation
  48. Part 6: FURTHER PROVISION RELEVANT TO RECOGNITION, APPROVAL AND DESIGNATION
  49. Funding etc of certain courses
  50. 34Restriction on funding and provision of certain courses
  51. Delineation of roles of Qualifications Wales and Ofqual
  52. 35Award in Wales of an approved qualification: restriction on application of conditions imposed by Ofqual
  53. 36Restriction on application of conditions imposed by Qualifications Wales
  54. Part 7: ENFORCEMENT POWERS OF QUALIFICATIONS WALES
  55. 37Power to give directions
  56. 38Power to impose monetary penalties
  57. 39Monetary penalties: appeals
  58. 40Monetary penalties: interest
  59. 41Costs recovery for imposition of sanctions
  60. 42Costs recovery: appeals
  61. 43Costs: interest
  62. 44Entry and inspection of premises
  63. Part 8: SUPPLEMENTARY
  64. Commercial activities
  65. 45Provision of services etc by Qualifications Wales
  66. Review and research
  67. 46Review and research
  68. Subsidiary functions
  69. 47Policy statement and statement about consultation
  70. 48Complaints
  71. 49Charging scheme
  72. 50Grants
  73. 51Provision of information or advice
  74. 52Joint working
  75. 53Duty to have regard to government policy and other matters
  76. 54Performance of regulatory activities by Qualifications Wales
  77. Part 9: GENERAL
  78. 55Regulations
  79. 56Interpretation of references to “qualification”
  80. 57General interpretation and index of defined expressions
  81. 58Consequential amendments
  82. 59Power to make consequential and transitional provision etc
  83. 60Coming into force
  84. 61Short title and inclusion as one of the Education Acts
  85. Schedule 1: QUALIFICATIONS WALES
  86. Part 1: ESTABLISHMENT OF QUALIFICATIONS WALES
  87. Status
  88. 1Paragraph 1
  89. Membership
  90. 2Paragraph 2
  91. The chair and ordinary members
  92. 3Paragraph 3
  93. 4Paragraph 4
  94. 5Paragraph 5
  95. 6Paragraph 6
  96. 7Paragraph 7
  97. 8Paragraph 8
  98. 9Paragraph 9
  99. The chief executive and other staff
  100. 10Paragraph 10
  101. 11Paragraph 11
  102. 12Paragraph 12
  103. 13Paragraph 13
  104. 14Paragraph 14
  105. 15Paragraph 15
  106. 16Paragraph 16
  107. Committees
  108. 17Paragraph 17
  109. 18Paragraph 18
  110. Delegation
  111. 19Paragraph 19
  112. 20Paragraph 20
  113. 21Paragraph 21
  114. Procedure
  115. 22Paragraph 22
  116. 23Paragraph 23
  117. 24Paragraph 24
  118. 25Paragraph 25
  119. Register of interests
  120. 26Paragraph 26
  121. Supplementary powers
  122. 27Paragraph 27
  123. Annual and other reports
  124. 28Paragraph 28
  125. 29Paragraph 29
  126. 30Paragraph 30
  127. Finance
  128. 31Paragraph 31
  129. Accounts and audit
  130. 32Paragraph 32
  131. 33Paragraph 33
  132. 34Paragraph 34
  133. Examination of use of resources
  134. 35Paragraph 35
  135. Part 2: CONSEQUENTIAL AMENDMENTS
  136. Care Standards Act 2000 (c.14)
  137. 36Paragraph 36
  138. Freedom of Information Act 2000 (c.36)
  139. 37Paragraph 37
  140. Public Services Ombudsman (Wales) Act 2005 (c.10)
  141. 38Paragraph 38
  142. Commissioner for Older People (Wales) Act 2006 (c.30)
  143. 39Paragraph 39
  144. Equality Act 2010 (c.15)
  145. 40Paragraph 40
  146. Schedule 2: TRANSFERS OF PROPERTY AND STAFF TO QUALIFICATIONS WALES
  147. 1Paragraph 1
  148. 2Paragraph 2
  149. 3Paragraph 3
  150. 4Paragraph 4
  151. 5Paragraph 5
  152. Schedule 3: FURTHER PROVISION ABOUT RECOGNITION OF AWARDING BODIES
  153. Duration of recognition
  154. 1Paragraph 1
  155. Standard conditions of recognition
  156. 2Paragraph 2
  157. 3Paragraph 3
  158. Special conditions to which recognition may be subject
  159. 4Paragraph 4
  160. 5Paragraph 5
  161. Fee capping conditions
  162. 6Paragraph 6
  163. 7Paragraph 7
  164. Procedure for imposing fee capping conditions
  165. 8Paragraph 8
  166. 9Paragraph 9
  167. Review of fee capping conditions
  168. 10Paragraph 10
  169. Revision of fee capping conditions
  170. 11Paragraph 11
  171. Transfer conditions
  172. 12Paragraph 12
  173. 13Paragraph 13
  174. 14Paragraph 14
  175. 15Paragraph 15
  176. Review of decision to give direction
  177. 16Paragraph 16
  178. Surrender of recognition
  179. 17Paragraph 17
  180. Transitional provision in respect of surrender
  181. 18Paragraph 18
  182. Withdrawal of recognition
  183. 19Paragraph 19
  184. Procedure for withdrawal of recognition
  185. 20Paragraph 20
  186. 21Paragraph 21
  187. Review of decision to withdraw recognition
  188. 22Paragraph 22
  189. Transitional provision in respect of withdrawal
  190. 23Paragraph 23
  191. Schedule 4: CONSEQUENTIAL AMENDMENTS
  192. Education Act 1996 (c.56)
  193. 1Paragraph 1
  194. Education Act 1997 (c.44)
  195. 2Paragraph 2
  196. Learning and Skills Act 2000 (c.21)
  197. 3Paragraph 3
  198. Education Act 2002 (c.32)
  199. 4Paragraph 4
  200. National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238)
  201. 5Paragraph 5
  202. Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239)
  203. 6Paragraph 6
  204. Government of Wales Act 2006 (c.32)
  205. 7Paragraph 7
  206. Education and Skills Act 2008 (c.25)
  207. 8Paragraph 8
  208. Apprenticeships, Skills, Children and Learning Act 2009 (c.22)
  209. 9Paragraph 9
  210. Education Act 2011 (c.21)
  211. 10Paragraph 10
  212. Counter-Terrorism and Security Act 2015 (c.6)
  213. 11Paragraph 11