1.Ofqual is the regulator of qualifications, examinations and assessments in England. We will also regulate vocational qualifications in Northern Ireland. QCA is currently operating its regulatory functions under the name of the Office of the Qualifications and Examinations Regulator (Ofqual). The legal entity remains QCA, established under the Education Act 1997 (the 1997 Act). QCA is an exempt charity under the Charities Act 1993.
2.The 2009 Act will establish Ofqual as a separate statutory body (a non-ministerial government department reporting to Parliament and the Northern Ireland Assembly) and a legal entity in its own right. The Secretary of State intends to commence the provisions establishing Ofqual and its functions on 1 April 2010. Ofqual’s members (the Board) are being appointed by the Secretary of State, and the Chair of Ofqual (the Chief Regulator) has been appointed by the Crown.
3.To avoid confusion, we do not distinguish in this document between interim Ofqual and Ofqual in its new statutory form. We simply refer to Ofqual.
4.Part 7, at sections 127 to 174, of the 2009 Act provides the statutory framework within which we will regulate. A copy of the 2009 Act can be found at http://www.opsi.gov.uk/acts/acts2009a. The Explanatory notes for the 2009 Act (http://www.opsi.gov.uk/acts/acts2009/en/ukpgaen_20090022_en_1) will also be useful in helping to understand the provisions. The 2009 Act establishes Ofqual and sets out our objectives, general duties and functions. These build on, and in some cases enhance, the functions currently exercised by QCA and set out the requirements for regulating:
- awarding organisations and the qualifications they award
- responsible bodies and the assessment arrangements they develop and deliver.
