Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019
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Condition precedent for provisions of Principal Act to be invoked by specified providers - criteria specified in regulations must be met | ||
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9. The Principal Act is amended by the insertion of the following sections after section 29: | ||
“Condition precedent for provisions of Act to be invoked by specified providers - criteria specified in regulations to be met | ||
29A. (1) A specified provider, other than a provider referred to in section 65(6), shall demonstrate to the Authority that it meets the criteria specified in regulations under section 29B(1) in any of the following cases, namely: | ||
(a) a case in which the provider invokes, for the first time, any provision of this Act; | ||
(b) a case in which— | ||
(i) the provider who, having invoked (whether before, on or after the operative date) any provision of this Act, subsequently invokes any provision of this Act, and | ||
(ii) the Authority, in its discretion, on that provision being invoked by the provider, requests the provider to demonstrate to the Authority that it meets those criteria; | ||
(c) a case in which the Authority— | ||
(i) takes any action (including by way of review of any matter) authorised or required by this Act to be taken in respect of the provider, and | ||
(ii) for the purpose of such action, in its discretion, requests the provider to demonstrate to the Authority that it meets those criteria, | ||
and— | ||
(i) this section applies notwithstanding any other provision of this Act, and | ||
(ii) subsections (4) and (5) of section 29C supplement this section by requiring the Authority to do (or not to do) one or more things in cases in which a failure to demonstrate that those criteria are met occurs or in which those criteria cease to be met. | ||
(2) For the purposes of this section, a provision of this Act is invoked if— | ||
(a) an application under a provision of this Act, as it relates to the provision by the specified provider concerned of a programme of education and training or otherwise, is made, or | ||
(b) subject to subsection (4), any step, as it relates to the provision by the specified provider concerned of a programme of education and training or otherwise, is taken by the provider on the basis that the conditions specified by or under this Act for the taking of the step are satisfied. | ||
(3) In this section and sections 29B and 29C— | ||
(a) ‘specified provider’ means— | ||
(i) a relevant provider, | ||
(ii) a listed awarding body (so far as it is does not otherwise fall within this definition by virtue of subparagraph (i)), and | ||
(iii) an associated provider, or a linked provider, that offers, for reward, a programme of education and training leading to an award that is an award included within the Framework, | ||
and the reference in this paragraph to a relevant provider includes a reference to a person who will fall within the definition of that expression in section 2(1) on the doing of the one or more things, specified in the relevant paragraph of that definition, the doing of which constitute the person as a relevant provider; | ||
(b) a reference to— | ||
(i) a specified provider demonstrating to the Authority that it meets the criteria specified in regulations under section 29B(1), or | ||
(ii) such a provider meeting, or not meeting, those criteria or ceasing to meet them, | ||
shall, where regulations made under subsection (1) of section 29B provide for what are referred to in subsection (3) of that section as related criteria in respect of a specified provider, be deemed to include a reference to— | ||
(I)a specified provider demonstrating to the Authority that those related criteria are met in respect of it, or | ||
(II)where the context requires, those related criteria being met, not being met or ceasing to be met in respect of it, | ||
as the case may be; | ||
(c) a reference to provision of a programme of education and training or otherwise includes a reference to authorisation to use the international education mark; and | ||
(d) ‘operative date’ means the date of commencement of section 9 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019. | ||
(4) Subsection (2)(b) does not apply to a provider referred to in subsection (1)(b) where, by reason of its previous invocation (as mentioned in subsection (1)(b)), of a provision of this Act, the conditions specified by or under this Act for the taking of the particular step concerned are satisfied. | ||
Regulations specifying criteria concerning capacity and capability of providers and related criteria | ||
29B. (1) The Minister shall, as soon as practicable after the operative date, make regulations specifying the criteria that (in the case of a specified provider that meets the criteria) will, in the Minister’s opinion, afford a reasonable assurance to the Authority that the specified provider has the capacity and capability to— | ||
(a) implement quality assurance procedures, and | ||
(b) provide programmes of education and training consistent with the requirements of this Act, | ||
and criteria specified in regulations made under this subsection are referred to subsequently in this section as ‘the relevant criteria’. | ||
(2) The relevant criteria may include— | ||
(a) criteria as to the specified provider being a fit and proper person to provide programmes of education and training, | ||
(b) criteria related to the possession of a particular legal personality by the specified provider, the possession by it of adequate financial resources to ensure the viability of its business and the securing by it of arrangements to ensure its good corporate governance, and | ||
(c) criteria related to the compliance by the specified provider with any enactment or instrument under an enactment (including any enactment or such an instrument passed or made after the operative date) imposing obligations on employers with respect to their employees or making provision in relation to any such obligations. | ||
(3) With prejudice to subsection (2)(a), the relevant criteria, in the case of a specified provider that is a body corporate or an unincorporated body of persons, may include the following related criteria in respect of it, that is to say criteria as to every person who falls in the description contained in paragraph (a) or (b) (in his or her capacity as described therein) being a fit and proper person, namely: | ||
(a) a director of the provider or other person holding a position on its board of management or, where the affairs of the provider are managed by its members, each member of it; | ||
(b) a person employed by the provider whose duties include making decisions that, to a significant extent, could affect the management of the provider. | ||
(4) A specified provider may request, in writing, the Authority to make a determination as to whether or not, at the date of the request, the provider meets the relevant criteria and a request under this subsection shall be accompanied by the payment by the requester of such fee (if any) as may be determined by the Authority under section 80. | ||
(5) As soon as may be after the making of a request under and in accordance with subsection (4), the Authority shall consider the request and, for that purpose, may require the requester to submit to it such information and documents as it may reasonably require; on completion of its consideration of the request the Authority shall make a determination as to whether or not, at the date concerned, the requester meets the relevant criteria and shall notify the requester of the determination. | ||
(6) A provider who knowingly makes to the Authority, on foot of a requirement made of it by the Authority under subsection (5), a statement which is false or misleading in a material respect commits an offence. | ||
(7) Nothing in this section or section 29C shall be construed as being applicable to a provider specified in section 65(6). | ||
Supplemental provisions in relation to sections 29A and 29B (including provision for refusals of applications, etc., where relevant criteria not shown to be met) | ||
29C. (1) In this section ‘relevant criteria’ means criteria specified in regulations made under section 29B(1). | ||
(2) Where a material change occurs in relation to a specified provider that could reasonably be said to affect its ability to continue to meet the relevant criteria, the provider shall notify the Authority immediately of the change. | ||
(3) Without prejudice to section 29B(4), the Authority may, at any time, require a specified provider to demonstrate that it continues to meet the relevant criteria. | ||
(4) If, by virtue of section 29A(1), a requirement to demonstrate that the relevant criteria are met falls on a specified provider in consequence of an application that the provider has made under this Act, and, in the opinion of the Authority, the provider has failed to demonstrate that the provider meets those criteria, the Authority shall refuse the application and the provision that is made by this Act for an appeal to be taken where an application of the type concerned is refused on any ground specified in the provision shall be construed and operate so as to enable the provider to appeal, under that provision, the first mentioned refusal. | ||
(5) If, in the opinion of the Authority, a specified provider has ceased to meet the relevant criteria, the Authority shall withdraw— | ||
(a) its approval, in respect of the provider, of the procedures established under section 28, | ||
(b) validation of any programmes of education and training of the specified provider which the Authority has validated under section 45, | ||
(c) any authority to make awards delegated to the specified provider under section 53, and | ||
(d) authorisation to use the international education mark where the specified provider is authorised to use the international education mark under section 61. | ||
(6) However the steps that this Act requires be first taken where a withdrawal, under another provision of this Act, of approval, validation or other such matter in respect of a foregoing thing is proposed to be effected shall, also, be first taken where such a withdrawal under subsection (5) in respect of the thing concerned is proposed to be effected. | ||
(7) The provision that is made by this Act for an appeal to be taken where an approval, validation or other such matter is withdrawn in respect of a foregoing thing, on any ground specified in that provision, shall be construed and operate so as to enable the specified provider to appeal, under that provision, such a withdrawal under subsection (5) in respect of the thing concerned.”. |