Addendum to all criteria, codes of practice, guidance and forms

Wednesday, 31 March 2010 17:15

The Apprenticeships, Skills, Children and Learning Act 2009 (the ASCL Act) established the Office of Qualifications and Examinations Regulation (Ofqual) as the independent regulator of examinations, qualifications and assessments in England and of vocational qualifications in Northern Ireland.  The relevant provisions of the ASCL Act came into force on 1 April 2010.  Prior to that date, the regulatory function in this area was fulfilled in England by the Qualifications and Curriculum Authority (QCA) pursuant to the provisions of the Education Act 1997, as amended (the 1997 Act).  On and from 2 April 2008, Ofqual was set up as an interim regulator as a part of the QCA by order of the Secretary of State for Children, Schools and Families pursuant to paragraph 13 of Schedule 4 to the 1997 Act.

Ofqual's objectives, duties and powers under the ASCL Act are, in many respects, similar to, but not the same as, QCA's regulatory functions under the 1997 Act.  As such, in December 2009 Ofqual (then still a part of QCA) issued a consultation paper entitled Regulating for confidence in standards: Consultation on the regulation of qualifications, examinations and assessment so as to elicit stakeholder views as to how Ofqual should exercise its functions under the ASCL Act going forward.  Ofqual is currently considering the responses to that consultation and plans to engage in further consultation so as to formulate its longer term approach to regulation under the auspices of the ASCL Act.

Until such approach can be fully implemented, Ofqual has sought to maintain the status quo in respect of regulation to the extent possible within the parameters of Ofqual's objectives, duties and powers under the ASCL Act.  As such, for the time being, the same criteria, codes of practice, guidance, forms and web-based accreditation system (WBA) and any and all other documents (whether electronic or otherwise) will operate unless and to the extent that they have been withdrawn.  Given the differences between the previous and current legislation, these documents and forms must, for all matters regulated by Ofqual, be read in the light of the changes set out below.  

References to an accreditation end date and/or accreditation period are to be read as references to a review date and/or the period that precedes it.  On a specified date or at the end of a specified period an accredited qualification should be reviewed by the recognised awarding organisation. If the organisation wishes accreditation to continue after this date it should confirm that the qualification continues to comply with regulatory requirements (an on-going requirement, in any event), is fit for purpose, remains open to new learners and has not been replaced by an alternative qualification.  

References to accreditation conditions are to be read as references to recognition conditions.

References to conditions, generally, must be read in light of the following:

• conditions will not be placed on accreditation but, either generally or specifically, upon an awarding organisation’s recognition in respect of the award or authentication  of a qualification or description of qualification;
• decisions as to whether to recognise a particular awarding organisation or to accredit a particular qualification will not be made on the basis that recognition or accreditation, as the case may be, is subject to the fulfilment of specified conditions (i.e. conditional recognition/accreditation or recognition/accreditation subject to conditions) since decisions to recognise and/or accredit will only be made upon the complete satisfaction of all relevant regulatory criteria; and
• monitoring conditions are not “conditions” of the nature described in the ASCL Act (monitoring conditions are redefined more particularly below).

References to sections 21-26A (inclusive) and/or Schedule 4 to the Education Act 1997 should be disregarded.  Those statutory provisions have been repealed and replaced by the ASCL Act.

References to an extension to a plan of provision or to supplementary recognition are to be read as references to an application for recognition to award additional descriptions of qualifications.  Separate recognition will be granted in respect of the award of each specified qualification or description of qualification, as recorded in the approved plan of provision for each awarding organisation.  As previously, the forms are available on request by emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it

References to externality and external are to be read in light of the absence of an explicit statutory requirement that a qualification subject to regulation should be awarded by an awarding organisation separate from one which provides the training that leads to the qualification.  For the avoidance of doubt, however, references to external or independent review or moderation will stand, unless the context otherwise dictates.  The requirement to manage any and all potential conflicts of interest that might arise as a result of an awarding organisation engaging both in the provision of training leading up to a qualification and in the award of a qualification must be met in this regard.

References to monitoring conditions, howsoever described,  are to be read as references to non-compliances with regulatory criteria and/or other requirements, as identified through Ofqual’s monitoring exercises or otherwise.  Awarding organisations will continue to be required to rectify such non-compliances within the period stipulated by Ofqual so as to avoid the imposition of sanctions.

References to the qualifications that Ofqual regulates include academic and vocational qualifications (other than degrees) awarded in England and vocational qualifications (other than degrees) awarded in Northern Ireland, whether or not they are externally awarded.  

References to the Qualifications and Curriculum Authority or to the QCA are to be read as references to the Office of Qualifications and Examinations Regulation (Ofqual) or to the Qualifications and Curriculum Development Agency (QCDA), as the context requires.  The context will, broadly, require references to QCA as the regulator of qualifications, examinations and assessments to be read as references to Ofqual, whereas references to QCA as the development agency for qualifications and of the curriculum and the body concerned with other non-regulatory matters will be to QCDA.

References to the recognition of organisations that submit units or rules of combination (as opposed to awarding units or qualifications) to the Qualifications and Credit Framework are to be read as references to the approval of such organisations.  Whilst these organisations will be subject to a quality assurance and approval process, "recognition" by virtue of the ASCL Act relates only to the award of qualifications and credit in respect of components, not solely to development of components thereof.   

References to supplementary recognition are, as set out above, to be read as references to applications for recognition to award additional descriptions of qualifications.

References to terms or terms and conditions of accreditation or to terms or terms and conditions of recognition should be disregarded.  Regulation will be by way of general and/or specific recognition conditions and such terms and/or terms and conditions will cease to apply.

References to the withdrawal of accreditation should be read in light of the fact that regulatory sanctions will focus on recognition which may, upon completion of a prescribed process, result in the withdrawal of recognition in respect of specific qualifications or descriptions of qualifications.

For further advice in respect of any of the matters raised above, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Download the 'Addendum to all criteria, codes of practice, guidance and forms' in PDF format.

Last Updated on Wednesday, 31 March 2010 17:47 Tags: Ofqual, education, examination regulation, qualifications, assessments