Qualifications Wales Act 2015 Explanatory Notes

  • Explanatory Notes Table of contents

  1. Introduction

    1. Background

    2. Summary of the Act

  2. Commentary on Sections

    1. Part 2: Establishment and Principal Aims of Qualifications Wales

      1. Section 2: Establishment of Qualifications Wales

      2. Section 3: Principal aims of Qualifications Wales

    2. Part 3: Recognition of Awarding Bodies

      1. Section 4: Recognition of awarding bodies

      2. Section 5: Duty to set general recognition criteria

      3. Section 6: Power to set qualification specific recognition criteria

      4. Section 7: Revision of general and qualification specific recognition criteria

      5. Section 8: General recognition of an awarding body

      6. Section 9: Qualification specific recognition of an awarding body

      7. Section 10: Rules about applications for recognition

    3. Part 4: Priority Qualifications and Approval of Qualifications

      1. Section 13: Duty to prepare list of priority qualifications

      2. Section 14: Restricted priority qualifications

      3. Section 15: Power to make arrangements for development of restricted priority qualification

      4. Section 16: Approval of a restricted priority qualification developed in accordance with section 15 arrangements

      5. Section 17: Approval of a restricted priority qualification in the absence of section 15 arrangements

      6. Section 18: Approval of unrestricted priority qualifications

      7. Section 19: Approval of qualifications that are not priority qualifications

      8. Section 20: Approval criteria

      9. Section 21: Power to specify minimum requirements

      10. Section 22: Conditions of approval

      11. Section 23: Duration of approval

      12. Section 24: Rules about applications for approval

      13. Section 25: Surrender of approval

      14. Section 26: Transitional provision in connection with surrender of approval

      15. Section 27: Withdrawal of approval

      16. Section 28: Transitional provision in connection with withdrawal of approval

    4. Part 5: Designation of Other Qualifications

      1. Section 29: Designation of other qualifications

      2. Section 30: Further provision about section 29 designations

      3. Section 31: Transitional provision in connection with section 29 designations

      4. Section 32: Revocation of section 29 designations

      5. Section 33: Rules about applications for designation

    5. Part 6: Further Provision Relevant to Recognition, Approval and Designation

      1. Section 34: Restriction on funding and provision of certain courses

      2. Section 35: Award in Wales of an approved qualification: restriction on application of conditions imposed by Ofqual

      3. Section 36: Restriction on application of conditions imposed by Qualifications Wales

    6. Part 7: Enforcement

      1. Section 37: Power to give directions

      2. Sections 38 to 40: Monetary penalties

      3. Sections 41 to 43: Costs recovery for imposition of sanctions; appeals and interest

      4. Section 44: Entry and inspection of premises

    7. Part 8: Supplementary

      1. Section 45: Provision of services etc by Qualifications Wales

      2. Section 46: Review and research

      3. Section 47: Policy statement and statement about consultation

      4. Section 48: Complaints

      5. Section 49: Charging scheme

      6. Section 52: Joint working

    8. Part 9: General

      1. Section 55: Regulations

      2. Section 56: Interpretation of references to “qualification”

      3. Section 57: General interpretation and index of defined expressions

      4. Section 58: Consequential amendments

      5. Section 59: Power to make consequential and transitional provision etc

      6. Section 60: Coming into force

      7. Section 61: Short title and inclusion as one of the Education Acts

    9. Schedule 1 Qualification Wales

      1. Part 1 – Establishment of Qualifications Wales

        1. Paragraph 1: Status

        2. Paragraph 2: Membership

        3. Paragraphs 3 to 9: The chair and ordinary members

        4. Paragraphs 10 to 16: The chief executive and other staff

        5. Paragraphs 17 and 18: Committees

        6. Paragraphs 19 to 21: Delegation

        7. Paragraphs 22 to 25: Procedure

        8. Paragraph 26:  Register of interests

        9. Paragraph 27:  Supplementary powers

        10. Paragraphs 28 to 30: Annual and other reports

        11. Paragraph 31: Finance

        12. Paragraphs –32 - 34: Accounts and audit

        13. Paragraph 35: Examination of use of resources

      2. Schedule 1 Part 2

        1. Paragraphs 36 - 40: Consequential Amendments

    10. Schedule 2: Transfers of Property and Staff to Qualifications Wales

    11. Schedule 3: Further Provision about Recognition of Awarding Bodies

      1. Paragraph 1: Duration of recognition

      2. Paragraphs 2 and 3: Standard Conditions of Recognition

      3. Paragraphs 4 and 5: Special conditions to which recognition may be subject

      4. Paragraphs 6 to 11: Fee capping conditions

      5. Paragraphs 12 to 16: Transfer conditions

      6. Paragraphs 17 and 18: Surrender of recognition

      7. Paragraphs 19 to 23: Withdrawal of Recognition

    12. Schedule 4: Consequential Amendments

  3. Record of Proceedings in National Assembly for Wales

  • Explanatory Notes Table of contents

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