Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019

Amendment of section 28 of Principal Act (Obligation of providers to prepare quality assurance procedures)

8. Section 28 of the Principal Act is amended:

(a) in subsection (1), by the substitution of “each relevant provider, linked provider and associated provider shall establish procedures” for “each relevant provider and linked provider shall establish procedures in writing”;

(b) in subsection (2), by the substitution of “each relevant provider, linked provider and associated provider” for “each relevant provider and linked provider”;

(c) by the insertion of the following subsections after subsection (2):

“(2A)The quality assurance procedures established by a relevant provider, linked provider or associated provider to satisfy the provisions of section 33, 44(8) or 61(6), as appropriate, shall be for the purpose of further improving and maintaining the quality of education and training provided, organised or procured by that provider, being—

(a) education and training that lead to one or more awards that are awards included within the Framework, or

(b) English language education and training, the programme in respect of which the provider is authorised, under section 61(7), to use the international education mark.

(2B) Programmes of education to which section 13 (3) of the Education Act 1998 applies shall not be subject to the procedures established under this section.”;

(d) by the substitution of the following subsection for subsection (3):

“(3) Procedures under subsection (1) shall be established—

(a) as soon as practicable after the issue of guidelines by the Authority under section 27(1)(a), and

(b) in addition to what is provided in paragraph (a), in the following cases at such other time or times:

(i) subject to subparagraphs (ii) to (iv), by a relevant provider, linked provider or associated provider where the relevant provider, linked provider or associated provider, as the case may be, thinks appropriate;

(ii) in the case of a relevant provider, by the relevant provider where the Authority directs it to do so;

(iii) in the case of a linked provider, by the linked provider where the relevant designated awarding body directs it to do so;

(iv) in the case of an associated provider, by the associated provider where the relevant listed awarding body directs it to do so,

and, in the case of a direction under subparagraph (ii), (iii) or (iv), the procedures shall be established in compliance with the direction within such period as the Authority or, as the case may be, the other body giving the direction determines and specifies in the direction in that behalf.”;

and

(e) in subsection (4)(b), by the substitution of “implementation” for “application”.