Qualifications and Quality Assurance (Education and Training) Act 2012

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Determination of request for delegation of authority to make award.

53.— (1) The Authority shall evaluate a request made under section 52 (2) in accordance with procedures established under that section and shall prepare a report on its evaluation.

(2) The Authority shall furnish a copy of the report prepared under subsection (1) to the provider concerned and shall inform the provider that the provider may submit observations in writing to the Authority in relation to that report not later than one month after the furnishing of the report to the provider.

(3) After consideration of any observations submitted to the Authority under subsection (2), the Authority shall, within 6 months of receipt of the observations or within 6 months of the expiration of the one month period referred to in subsection (2), whichever is the earlier—

(a) where it is satisfied that—

(i) a programme or a class of programme of education and training of the provider for which delegated authority to make an award is sought, and

(ii) the overall operation and management of the provider,

meet the criteria established under section 52 (1), delegate, subject to the conditions in subsection (4), to that provider the authority to make an award in respect of that programme or that class of programme, or

(b) refuse to delegate to that provider that authority and give reasons for the refusal.

(4) The provider concerned shall—

(a) (i) co-operate with and assist the Authority in the performance of the Authority’s functions in so far as those functions relate to the functions of the provider,

(ii) establish procedures which are fair and consistent for the assessment of enrolled learners to ensure the standards of knowledge, skill or competence determined by the Authority under section 49 (1) are acquired, and where appropriate, demonstrated, by enrolled learners,

(iii) continue to comply with section 65 in respect of arrangements for the protection of enrolled learners, if applicable, and

(iv) provide such information as the Authority may from time to time require for the purposes of the performance of its functions, including information in respect of completion rates,

and

(b) comply with any other condition that the Authority specifies by notice in writing to the provider concerned.

(5) The Authority shall, for the purpose of determining any other conditions under subsection (4)(b), have regard in particular to any programmes of the provider of the kind referred to in section 52 (10).

(6) Where the Authority delegates authority to a provider to make an award, and the authority has not been withdrawn under section 55 , any award made by the provider pursuant to that authority shall be an award of that provider.

(7) Where, at any time after the Authority delegates authority to a provider to make an award in respect of a class of programme, the provider proposes to make an award in respect of a programme which it considers comes within the class but the programme was not specified under section 52 (6), the provider shall notify the Authority in writing of its proposal.

(8) The Authority may, within one month of receipt of a proposal under subsection (7), notify the provider in writing that it does not consider the programme comes within a class of programme in respect of which the provider has delegated authority to make an award.

(9) Where a provider is notified by the Authority under subsection (8), the provider shall not make an award in respect of the programme concerned.

(10) Where a provider does not receive a notification from the Authority under subsection (8), the provider may, after the expiration of one month referred to in that subsection, make an award in respect of the programme concerned.

(11) Where the Authority refuses under subsection (3)(b) to delegate to a provider the authority to make an award in respect of a programme or a class of programme of education and training, the provider may appeal against that refusal to the Appeals Panel.

(12) Where the Authority delegates to the provider authority to make an award but specifies a condition in writing under subsection (4)(b), the provider may appeal against the condition to the Appeals Panel.

(13) A provider who falsely claims or represents that the Authority has delegated to the provider authority to make an award in respect of a programme or a class of programme of education and training commits an offence.

(14) Where a provider has delegated authority to make an award under this section and enters into an arrangement with another awarding body to make a joint award in respect of a programme of education and training of the provider, that provider shall notify the Authority of the arrangement within 14 days of it being made.