Explanatory note

Section 38(1) of the Qualifications Wales Act 2015 (“the Act”) enables Qualifications Wales to impose a monetary penalty on an awarding body that has failed to comply with a condition of its recognition or a condition of approval to which its approved qualification is subject.

These Regulations make provision on how to determine the amount to be paid by the awarding body for the purposes of section 38(3) of the Act.

The amount of monetary penalty may be whatever Qualifications Wales decide is appropriate in all the circumstances of the case, but must not exceed the amount outlined by the Welsh Ministers in regulation 3 of these Regulations.

Regulations 4 and 5 determine the turnover of an awarding body for the purposes of regulation 3.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Curriculum and Assessment Division in the Department for Education and Public Services in the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.