The continuity of the regulated system

8.As soon as Ofqual is established on 1 April 2010 we will need to move from one regulatory regime, which will apply until 31 March 2010, to the one that will operate from 1 April 2010. One of the first tasks of the new Ofqual Board will be to consider the responses to our separate consultation on how we should fulfil our new statutory functions as set out by the 2009 Act with a view to the early development and introduction of the new regulatory regime. Developing the new regulatory regime will involve setting revised criteria, general conditions, frameworks and policies and so on (or deciding to retain the transitional ones for the longer term), and may require further consultation. These revised criteria, conditions, frameworks and policies and so on will not all need to be introduced at the same time, so there will not necessarily be a single point at which the transitional arrangements are replaced. 9.The Secretary of State intends to use powers in the 2009 Act to make transitional provisions so that the change on 1 April 2010 can be conducted as smoothly as possible. The Secretary of State has therefore asked Ofqual, through the QCA, to advise him on the detailed transitional arrangements that should be put in place from 1 April 2010 in order that:

• learners’ interests are protected and standards are maintained
• recognised awarding organisations can continue to be recognised
• the scope of recognition for each existing awarding organisation can be identified
• ongoing applications for recognition can continue
• organisations can seek recognition in respect of specified qualifications
• accredited qualifications can continue to be accredited
• qualifications can be submitted for accreditation
• ongoing applications for accreditation can continue
• general conditions on recognition can be identified
• any existing recognition or accreditation condition can continue to have effect
• aspects of the qualifications regulatory framework can be identified, as appropriate
• ongoing investigations of complaints can continue
• ongoing enforcement action can continue
• aspects of the assessment arrangements regulatory frameworks can be identified, as appropriate
• any other arrangements can be made

so that Ofqual’s Board can develop and implement longer term changes to the arrangements for regulating qualifications and assessment arrangements in a managed way. 10.We intend that the minimum possible burden, which is consistent with the protection of learners, the provision of high-quality qualifications, examinations and assessments and the maintenance of standards, should be imposed upon awarding organisations and responsible bodies by these transitional arrangements. This is in line with the requirement in the 2009 Act that we must not impose or maintain unnecessary burdens on those we will regulate. Similarly, we propose to adhere to the principles of good regulation, set out by the Better Regulation Executive, which is part of the Department for Business, Innovation and Skills, when developing and acting in accordance with the transitional arrangements. These principles state that good regulation should be:

• Proportionate: Regulators should only intervene when necessary. Remedies should be appropriate to the risk posed, and costs identified and minimised.
• Accountable: Regulators must be able to justify decisions, and be subject to public scrutiny.
• Consistent: Government rules and standards must be joined up and implemented fairly.
• Transparent: Regulators should be open, and keep regulations simple and user friendly.
• Targeted: Regulation should be focused on the problem, and minimise side effects.

11.We will continue to engage with our stakeholders in order to develop and implement the longer term changes that we think are necessary and appropriate for the regulation of qualifications and assessment arrangements. 12.Once the Board has considered the outcomes of the separate consultation on longer term operation of the new statutory functions consistent with our objectives, undertaken any further consultation that is necessary and determined any changes that should be made to the transitional arrangements, Ofqual will:

• notify awarding organisations of the following:
  • the changes that are to be made to the arrangements for regulating qualifications and when those changes will be implemented
  • what steps, if any, recognised organisations will need to take in order to demonstrate compliance with the new criteria and/or conditions, including any further evidence or information they will need to provide
  • the deadline by which recognised organisations must demonstrate compliance with the new criteria and/or conditions
  • the consequences of failing to demonstrate compliance by the deadline given
• notify responsible bodies of the changes that are to be made to the arrangements for regulating assessment arrangements and when those changes will be implemented.