Qualifications Wales Act 2015

PART 1 — OVERVIEW

Overview

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• (1) This section is an overview of the main provisions of the Act.

• (2) Part 2—

• (a) establishes Qualifications Wales and (at Schedule 1) makes provision about its membership and governance arrangements,

• (b) sets out the principal aims of Qualifications Wales, and

• (c) requires Qualifications Wales, in exercising its functions, to act in a way that it considers appropriate for the purpose of achieving those aims.

• (3) Part 3 makes provision about the recognition by Qualifications Wales of bodies that award qualifications in Wales.

• (4) Part 4 makes provision about priority qualifications and the approval by Qualifications Wales of qualifications for award in Wales. It—

• (a) requires Qualifications Wales and the Welsh Ministers to prepare a list of qualifications that are to be a priority for Qualifications Wales,

• (b) enables Qualifications Wales in certain circumstances to determine that the number of forms of those qualifications approved by it should be restricted (either to one or more than one),

• (c) enables Qualifications Wales to enter into arrangements with a body for the development of a new form of qualification to be awarded in Wales, where it has made a determination as described in paragraph (b) in respect of the qualification concerned, and

• (d) enables Qualifications Wales to consider approving a qualification for award in Wales that is not included on the list referred to in paragraph (a).

• (5) Part 5 enables Qualifications Wales to designate a qualification for the purpose of enabling a course leading to it to be funded by the Welsh Ministers or a local authority in Wales, or provided by or on behalf of a maintained school in Wales.

• (6) Part 6—

• (a) provides that a course of education or training may be funded by the Welsh Ministers or a local authority in Wales, or provided by or on behalf of a maintained school in Wales, only if the form of the qualification to which it leads has been approved or designated by Qualifications Wales, and

• (b) makes provision restricting the effect of conditions imposed by Ofqual, in respect of the award in Wales of a form of a qualification that has been approved by Qualifications Wales; and restricting the effect of conditions of recognition imposed by Qualifications Wales so that they do not apply in respect of the award of qualifications outside Wales.

• (7) Part 7 makes provision about steps that may be taken by Qualifications Wales if it considers that a body awarding qualifications in Wales has failed to comply with a condition to which its recognition, or the approval of a qualification awarded by it, is subject.

• (8) Part 8 makes provision about other functions of Qualifications Wales, including—

• (a) the power to provide consultancy and other services on a commercial basis,

• (b) the duty to prepare a policy statement,

• (c) how Qualifications Wales is to deal with complaints,

• (d) fees that may be charged by Qualifications Wales, and

• (e) the duty to have regard to certain principles in performing regulatory activities.

• (9) Part 9 makes general provision, including setting out an index of defined terms used in the Act.

• (10) In Part 9, section 56 sets out the meaning of the term “qualification” as used in the Act.

PART 2 — ESTABLISHMENT AND PRINCIPAL AIMS OF QUALIFICATIONS WALES

Establishment of Qualifications Wales

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• (1) Qualifications Wales is established as a body corporate.

• (2) Schedule 1 contains further provision about Qualifications Wales.

• (3) Schedule 2 makes provision about transfers of staff and property to Qualifications Wales.

Principal aims of Qualifications Wales

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• (1) In exercising its functions, Qualifications Wales must act in a way that it considers appropriate for the purpose of achieving the following principal aims—

• (a) ensuring that qualifications, and the Welsh qualification system, are effective for meeting the reasonable needs of learners in Wales;

• (b) promoting public confidence in qualifications and in the Welsh qualification system.

• (2) In considering what is appropriate for the purpose of achieving its principal aims, the matters to which Qualifications Wales is to have regard include (among other things)—

• (a) the desirability of promoting sustainable growth in the Welsh economy;

• (b) the desirability of promoting and facilitating the use of the Welsh language, including through the availability of assessment arrangements that provide for assessment through the medium of the Welsh language, and of qualifications that otherwise promote or facilitate the use of the Welsh language;

• (c) the range and nature of qualifications available, and of their assessment arrangements;

• (d) the reasonable requirements of employers, higher education institutions and the professions regarding education and training (including as to required standards of practical competence);

• (e) whether the knowledge, skills and understanding required to be demonstrated for the purpose of determining whether a person is to be awarded a qualification reflect current knowledge and best practice;

• (f) whether qualifications indicate a consistent level of attainment with that indicated by whatever Qualifications Wales considers to be comparable qualifications, whether awarded in Europe or elsewhere;

• (g) whether qualifications are provided efficiently and so as to secure value for money;

• (h) the respective roles played by, and responsibilities of, each of the following persons in respect of the Welsh qualification system (including by reference to co-operation between those persons, and their effectiveness in performing their roles)⁠—

• (i) awarding bodies, learning providers, Qualifications Wales and the Welsh Ministers;

• (ii) any other persons exercising functions that Qualifications Wales considers relevant for the purpose of the Welsh qualification system.

• (3) References in this Act to the Welsh qualification system are to the system, taken as a whole, by which qualifications are awarded to persons assessed wholly or mainly in Wales for this purpose.

PART 3 — RECOGNITION OF AWARDING BODIES

General

Recognition of awarding bodies

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• (1) Qualifications Wales may recognise an awarding body under the provisions of this Part.

• (2) Part 4 (priority qualifications and approval of qualifications) makes provision for a body that is recognised under this Part in respect of the award of a qualification to apply to Qualifications Wales for approval of a form of that qualification.

• (3) Part 5 (designation of other qualifications) makes provision for a body that is recognised under this Part in respect of the award of a qualification to apply to Qualifications Wales for a form of that qualification to be designated under section 29.

Recognition criteria

Duty to set general recognition criteria

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• (1) Qualifications Wales must set and publish criteria for recognition (“general recognition criteria”) to be applied by it for the purposes of section 8 (general recognition of an awarding body).

• (2) The general recognition criteria may make different provision fordifferent descriptions of awarding body.

Power to set qualification specific recognition criteria

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• (1) Qualifications Wales may set and publish criteria for recognition (“qualification specific recognition criteria”) to be applied by it for the purposes of section 9 (qualification specific recognition of an awarding body).

• (2) The criteria may make different provision for—

• (a) different descriptions of awarding body;

• (b) different qualifications or different descriptions of qualification.

Revision of general and qualification specific recognition criteria

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• (1) Qualifications Wales may revise—

• (a) the general recognition criteria;

• (b) the qualification specific recognition criteria.

• (2) If Qualifications Wales revises the criteria, it must—

• (a) publish the criteria as revised, and

• (b) specify when the revisions are to come into effect.

• (3) The date specified under subsection (2)(b) must not precede the date on which the revised criteria are published.

Recognition of awarding bodies

General recognition of an awarding body

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• (1) An awarding body may apply to Qualifications Wales for general recognition as a body awarding qualifications in Wales.

• (2) The awarding body may specify in its application a qualification or description of qualification in respect of the award of which it does not wish to be recognised.

• (3) If the body meets the general recognition criteria most recently published under section 5, Qualifications Wales must recognise the awarding body.

• (4) If the body does not meet all of those criteria Qualifications Wales may nevertheless, if it thinks it appropriate to do so, recognise the body.

• (5) In determining whether it is appropriate to recognise a body under subsection (4), Qualifications Wales must have regard to—

• (a) whether the body substantially meets the general recognition criteria,

• (b) the effect of its failure to meet those criteria in full, and

• (c) the likelihood of its subsequently meeting the criteria in full.

• (6) Where a qualification or description of qualification is specified by an awarding body in accordance with subsection (2), references to the general recognition criteria in subsections (3) to (5) are not to be treated as including those criteria to the extent that they apply in respect of the award of the qualification or description of qualification specified.

• (7) Where an awarding body is recognised under this section other than in respect of the award of a qualification or description of qualification specified by it in accordance with subsection (2), or a qualification or description of qualification in respect of the award of which recognition under this section has been surrendered or withdrawn, it may apply to Qualifications Wales to be recognised in respect of the award of the qualification or description of qualification.

• (8) Subsections (2) to (6) apply for the purposes of an application under subsection (7) as if it were an application under subsection (1).

• (9) The effect of recognition under this section is that the body is recognised in respect of the award in Wales of qualifications other than—

• (a) those qualifications in respect of which qualification specific recognition criteria apply,

• (b) any qualification or description of qualification specified in accordance with subsection (2), and

• (c) any qualification or description of qualification in respect of the award of which recognition under this section has ceased to have effect by virtue of being surrendered or withdrawn.

Qualification specific recognition of an awarding body

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• (1) An awarding body may apply to Qualifications Wales for recognition in respect of the award in Wales of a qualification or description of qualification in relation to which qualification specific recognition criteria are set under section 6.

• (2) If the body meets both—

• (a) the general recognition criteria most recently published under section 5, and

• (b) the qualification specific recognition criteria applicable in respect of the qualification and the body concerned,

Qualifications Wales must recognise the body in respect of the award in Wales of the qualification or description of qualification concerned.

• (3) If the body does not meet all of those criteria Qualifications Wales may nevertheless, if it thinks it appropriate to do so, recognise the body in respect of the award in Wales of the qualification or description of qualification concerned.

• (4) In determining whether it is appropriate to recognise a body under subsection (3), Qualifications Wales must have regard to—

• (a) whether the body substantially meets the criteria referred to in subsection (2),

• (b) the effect of its failure to meet those criteria in full, and

• (c) the likelihood of its subsequently meeting those criteria in full.

• (5) The effect of recognition under this section is that, provided the body is recognised under section 8, it is recognised also in respect of the award in Wales of the qualification or description of qualification specified in the recognition under this section.

Rules about applications for recognition

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• (1) Qualifications Wales must make rules about the making of applications to it under this Part.

• (2) The rules may make different provision for different purposes.

• (3) They may make provision about—

• (a) the form and content of applications;

• (b) the way in which applications are to be made (including as to any fee payable in respect of an application).

• (4) The rules made under this section must be published by Qualifications Wales.

Further provision about recognition

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• (1) If Qualifications Wales refuses an application for recognition made under this Part, it must provide the awarding body concerned with a statement setting out its reasons for refusal.

• (2) Schedule 3 makes further provision about recognition under this Part, including about—

• (a) the duration of recognition;

• (b) conditions to which recognition is to be subject;

• (c) the surrender and withdrawal of recognition.

Recognition: interpretation

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• (1) For the purposes of this Act, a body is recognised in respect of the award of a qualification—

• (a) if no criteria are set under section 6 in respect of the qualification, if the body is recognised under section 8 (provided that the qualification is not one that is specified, or of a description specified, by the body under section 8(2) and is not one in respect of which recognition of the body has ceased to have effect as set out in paragraph 1(2) of Schedule 3);

• (b) if criteria are set under section 6 in respect of the qualification, or qualifications of that description, if the body is both—

• (i) recognised under section 8, and

• (ii) recognised under section 9 in respect of the award of the qualification or description of qualification concerned.

• (2) In this Act—

• (a) references to recognition are to recognition under this Part;

• (b) references to a recognised body are to an awarding body recognised under this Part.

• (3) For the purposes of this Part, the award of a qualification in Wales is its award to persons assessed in respect of the qualification wholly or mainly in Wales.

PART 4 — PRIORITY QUALIFICATIONS AND APPROVAL OF QUALIFICATIONS

Priority qualifications

Duty to prepare list of priority qualifications

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• (1) Qualifications Wales and the Welsh Ministers must jointly prepare a list of qualifications, in respect of each of which the condition in subsection (2) is met.

• (2) The condition is that Qualifications Wales and the Welsh Ministers are satisfied that ensuring and maintaining public confidence in the qualification is a priority for Qualifications Wales, by reason of the significance of the qualification having regard to the needs of learners and employers in Wales.

• (3) The list may make provision by reference to qualifications, or descriptions of qualification.

• (4) The list must be published, in whatever way Qualifications Wales and the Welsh Ministers agree.

• (5) Qualifications Wales and the Welsh Ministers may jointly review the list and, if they consider it appropriate, revise it.

• (6) In this Act—

• (a) references to a priority qualification are to a qualification included on the list, or to a qualification that is of a description included on the list;

• (b) references to a restricted priority qualification are to a priority qualification in respect of which a determination under section 14 has effect;

• (c) references to a unrestricted priority qualification are to a priority qualification in respect of which no determination under section 14 has effect.

Restricted priority qualifications

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• (1) Qualifications Wales may make a determination under this section in respect of a priority qualification if the condition in subsection (3) is met.

• (2) A determination under this section is a determination specifying the maximum number (being either one or more) of forms of the qualification that are to be capable of being approved under this Part at any one time.

• (3) The condition is that Qualifications Wales is satisfied that, having regard to the principal aims of Qualifications Wales, and to the objectives in subsection (4), it is desirable to restrict the number of forms of the qualification that are approved by Qualifications Wales under this Part to the maximum number that is specified in the determination.

• (4) The objectives are to—

• (a) avoid inconsistency between different forms of the same qualification (whether by reference to the level of attainment indicated by different forms of the same qualification, or otherwise), and

• (b) enable Qualifications Wales to exercise choice between different awarding bodies, in entering into arrangements under section 15, and between different forms of a qualification, in granting approval under section 17.

• (5) Qualifications Wales must publish a determination under this section.

• (6) Qualifications Wales must exercise its functions under sections 15 to 17 so as to secure that the number of forms of a restricted priority qualification approved by it under this Part does not exceed the maximum number specified in the determination under this section in respect of the qualification.

• (7) If Qualifications Wales proposes to make a determination under this section in respect of a qualification, it must before doing so—