Ensuring Regulatory Continuity http://comment.ofqual.gov.uk/ensuring-regulatory-continuity Proposed transitional and transitory regulatory arrangements from April 1 2010 Mon, 25 Jan 2010 14:55:03 +0000 http://wordpress.org/?v=2.9.2 en hourly 1 Overview http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/uncategorized/overview/ http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/uncategorized/overview/#comments Thu, 17 Dec 2009 17:20:42 +0000 admin http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/?p=183 PDF version of this document is also available to download. ]]> http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/uncategorized/overview/feed/ 0 About Ofqual http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/introduction/about-ofqual/ http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/introduction/about-ofqual/#comments Thu, 17 Dec 2009 16:31:33 +0000 beechame http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/?p=152  About Ofqual Ofqual is the regulator of qualifications, examinations and assessments in England. Ofqual will regulate vocational qualifications in Northern Ireland. Ofqual aims to ensure that children, young people and adult learners get the results their work deserves, that standards are maintained and that the qualifications learners receive count now and in the future.

 Ofqual’s legal status

The Qualifications and Curriculum Authority (QCA) is currently operating its regulatory functions under the name Office of the Qualifications and Examinations Regulator (Ofqual). The legal entity remains QCA, established under the Education Act 1997. QCA is an exempt charity under the Charities Act 1993. The Apprenticeships, Skills, Children and Learning Act 2009 will establish Ofqual (The Office of Qualifications and Examinations Regulation) as a separate statutory body and, upon commencement, scheduled for 1 April 2010, Ofqual will become the independent regulator of qualifications, examinations and assessments in England and of vocational qualifications in Northern Ireland. Publication of this document marks the start of a consultation process commenced by QCA, in the name of Ofqual, at the direction of the Secretary of State. ]]> http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/introduction/about-ofqual/feed/ 0 The way forward http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/the-way-forward/the-way-forward-2/ http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/the-way-forward/the-way-forward-2/#comments Thu, 17 Dec 2009 16:25:53 +0000 admin http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/?p=145 68.We will consider comments on the proposed transitional arrangements and, where necessary and appropriate, whether any changes should be made to the proposed transitional arrangements before they are finalised. We need to provide initial advice to the Secretary of State by the end of February 2010 on the transitional arrangements that should be put in place. 69.We plan to publish our advice on transitional arrangements by mid-March 2010. The Secretary of State will be able to draw on or cross-refer to our advice in his commencement order. We will then notify awarding organisations and appropriate responsible bodies to inform them of the transitional arrangements that will be put in place from 1 April 2010 and set out any action they need to take. 70.Following our initial consultation and subsequent consultations with stakeholders we will publish an implementation timetable for the longer term changes we propose to introduce. ]]> http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/the-way-forward/the-way-forward-2/feed/ 0 Comments on the proposals http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/comments-on-the-proposals/comments-on-the-proposals-2/ http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/comments-on-the-proposals/comments-on-the-proposals-2/#comments Thu, 17 Dec 2009 16:24:11 +0000 admin http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/?p=143 66.We are keen to ensure that awarding organisations and responsible bodies understand the proposed transitional arrangements. We would therefore welcome comments and suggestions on the proposed arrangements. We would also be happy to respond to requests for clarification on any of the proposed arrangements. Awarding organisations and responsible bodies can comment on the proposals by emailing transitionals@ofqual.gov.uk or using the comment boxes online. Alternatively, they can send written comments, or a request for clarification, to Regulatory Policy Team, Ofqual, Spring Place, Coventry Business Park, Herald Avenue, Coventry, CV5 6UB. 67.The deadline for comments was noon on 25 January 2010. ]]> http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/comments-on-the-proposals/comments-on-the-proposals-2/feed/ 4 Annex B: Codes of practice and operational rules http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/annex-b/annex-b-codes-of-practice-and-operational-rules/ http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/annex-b/annex-b-codes-of-practice-and-operational-rules/#comments Thu, 17 Dec 2009 16:23:14 +0000 beechame http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/?p=139
  • The GCSE, GCE and Advanced Extension Award code of practice. You can find the 2009 edition, which is currently being revised, at http://www.ofqual.gov.uk/files/2009-04-14-code-of-practice.pdf.
    • A revised version is due to be published in April 2010 and will cover Diploma project qualifications and principal learning qualifications. We propose to apply this version once it is published. We also propose that any consultation for these purposes conducted under the 1997 Act should be treated as consultation for the purposes of the 2009 Act.
    • The NVQ code of practice, 2006, which you can find at http://www.ofqual.gov.uk/files/qca-06-2888_nvq_code_of_practice_r06.pdf.
    • For Diploma qualifications the following operating rules set out in the Regulatory arrangements for component and Diploma awarding bodies: recognition criteria and operating rules, version 2, 2008 will apply
      • operating rules for additional specialist learning component awarding bodies
      • operating rules for principal learning and project component awarding bodies
      • operating rules for Diploma awarding bodies.
    You can find this document at http://www.ofqual.gov.uk/files/Ofqual_Operating_Rules_web.pdf. An updated version of this document is due to be published in May 2010, following consultation with relevant awarding organisations. We propose to apply this version once it is published. We also propose that any consultation for these purposes conducted under the 1997 Act should be treated as consultation for the purposes of the 2009 Act. ]]>     http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/annex-b/annex-b-codes-of-practice-and-operational-rules/feed/ 0     The qualifications regulatory framework http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/the-proposed-transitional-arrangements-part-1/the-qualifications-regulatory-framework-2/ http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/the-proposed-transitional-arrangements-part-1/the-qualifications-regulatory-framework-2/#comments Thu, 17 Dec 2009 16:12:53 +0000 admin http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/?p=129 56.The 2009 Act will require us to publish a document setting out how we will regulate and our expectations of recognised awarding organisations. As with recognition and accreditation criteria wherever possible we would propose to maintain the status quo. Therefore until Ofqual determines the longer term arrangements it wishes to put in place we expect to continue to regulate in line with Regulatory monitoring and reporting, 2007, which sets how we monitor awarding organisations and accredited qualifications, and report the outcomes of our monitoring activities, and we expect awarding organisations to refer to the guidance in the Recognition and accreditation handbook for awarding organisations. You can find these documents at http://www.ofqual.gov.uk/files/qca-07- 3024_regulatory_monitoring_reporting.pdf and http://www.ofqual.gov.uk/files/2009-08-recognition-and-accreditation-handbook.pdf. 57.In the period following 1 April 2010 we propose to prepare and publish a regulatory framework that covers regulated qualifications. This document will be developed through consultation with relevant stakeholders. We will notify awarding organisations when this document will come into effect. In the meantime we do not propose to publish a qualifications regulatory framework for regulated qualifications. ]]> http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/the-proposed-transitional-arrangements-part-1/the-qualifications-regulatory-framework-2/feed/ 0 Power to give directions and to withdraw recognition http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/the-proposed-transitional-arrangements-part-1/power-to-give-directions-and-to-withdraw-recognition/ http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/the-proposed-transitional-arrangements-part-1/power-to-give-directions-and-to-withdraw-recognition/#comments Thu, 17 Dec 2009 16:04:26 +0000 admin http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/?p=124 48.Under the 1997 Act we are able to direct an awarding organisation to comply with an accreditation condition where it has failed or is likely to fail to comply with such a condition and that failure prejudices or is likely to prejudice the proper award of the qualification or any person who might be expected to seek to obtain the qualification. To the extent that an awarding organisation has breached an accreditation condition or any of the terms or conditions to which recognition or accreditation are subject prior to 1 April 2010, it will be treated as a breach of a specific condition of recognition, as set out in paragraph 30. 49.Under the 2009 Act directions must relate to compliance with conditions of recognition, as opposed to conditions on accreditation, which we propose, as set out in paragraph 30, will be specific conditions to recognition from 1 April 2010. 50.We propose that, to the extent that any directions have been made in respect of accreditation immediately prior to 1 April 2010, they should continue in place from 1 April 2010 as directions made against the corresponding specific recognition condition (see paragraph 30). 51.Similarly, we propose that any enforcement action taken before 1 April 2010 in a case in which no direction has been made under the 1997 Act should be treated on and after that date as if the action had been taken under the 2009 Act. 52.The Act also gives us the power to withdraw recognition if an awarding organisation has failed to comply with a condition of recognition. We have indicated the general conditions that we propose to apply generally from 1 April 2010 and the Act also allows us to impose other conditions of recognition at the time of recognition or later. Those that we propose should apply to recognition as at 1 April 2010 are explained in paragraphs 27 to 30. 53.Following vesting we will monitor compliance with both general and other conditions of recognition. If we identify any instances of non-compliance we will take appropriate action, which could include issuing a direction to ensure compliance where non-compliance prejudices or is likely to prejudice the proper award of a qualification or persons seeking or expected to seek that qualification. Where a direction would be inappropriate or an awarding organisation is unable to comply we would consider withdrawing recognition for some or all of the regulated qualifications that the awarding organisation awards. 54.Initially, we propose to use the procedures set out in Annex A for issuing a direction and withdrawing recognition, including the independent review of a decision to withdraw recognition. The procedures are part of our separate consultation on fulfilling our new statutory functions in the longer term. However we believe that they provide a suitable starting point for the arrangements under the new regulatory regime. 55.To the extent that we are in the process of withdrawing recognition or accreditation immediately prior to 1 April 2010, that process will continue from 1 April 2010 and we will, as appropriate, propose that transitional provisions be made for these purposes. In relation to the detail over withdrawal of accreditation, we propose that any steps taken prior to 1 April 2010 would be treated as steps taken to withdraw recognition in respect of a specified qualification or qualifications from 1 April 2010. ]]> http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/the-proposed-transitional-arrangements-part-1/power-to-give-directions-and-to-withdraw-recognition/feed/ 0 Investigation of complaints http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/the-proposed-transitional-arrangements-part-1/investigation-of-complaints-2/ http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/the-proposed-transitional-arrangements-part-1/investigation-of-complaints-2/#comments Thu, 17 Dec 2009 15:37:26 +0000 admin http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/?p=114 43.The 2009 Act will give us the power to investigate, or make arrangements for the investigation of, complaints in relation to the award of qualifications. 44.We currently undertake the investigation of complaints in respect of a variety of matters relating to the award of qualifications. Certain complaints are investigated by the Examinations Appeals Board (EAB). 45.We propose that all complaints with which we are dealing and that are outstanding immediately before 1 April 2010 should remain under investigation either by us or under arrangements made by us. 46.The 2009 Act also gives us the power to arrange for the investigation of complaints by an independent party. We propose, in this connection, that for at least the initial period the EAB should continue to operate in its current form, within the same remit, from 1 April 2010 and that complaints already under investigation by the EAB should continue to be investigated by it but on our behalf. We plan to appoint the EAB as an independent party for investigating complaints under section 150(2) of the Act. 47.We propose to conduct a joint consultation with regulators in Wales and Northern Ireland about the arrangements for investigating complaints that should be put in place in the longer term, both in relation to those matters currently investigated by Ofqual itself and those currently investigated by the EAB. ]]> http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/the-proposed-transitional-arrangements-part-1/investigation-of-complaints-2/feed/ 0 Register http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/the-proposed-transitional-arrangements-part-1/register-2/ http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/the-proposed-transitional-arrangements-part-1/register-2/#comments Thu, 17 Dec 2009 15:34:59 +0000 admin http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/?p=111 38.The 2009 Act will require us to publish a register of recognised awarding organisations and the regulated qualifications that they award and those they are recognised to award. 39.We therefore propose to:
    • publish a list of all the organisations that we have recognised to award qualifications on the National Database of Accredited Qualifications (NDAQ) (the list is currently available at http://www.accreditedqualifications.org.uk/awarding-body/awarding+body+directory.seo.aspx and sets out all recognised awarding organisations that have accredited qualifications; we will keep this list under review to ensure that it is up to date)
    • make available the database of regulated qualifications, which you can find at http://www.accreditedqualifications.org.uk/index.aspx
    • make available, for each recognised awarding organisation that had not had forms of qualifications accredited (either because an application has yet to be received or because a decision on an application is pending) a list of those qualifications that it has notified us it intends to submit, or has submitted, for accreditation (as approved by us and included in its plan of provision) immediately prior to 1 April 2010.
    40.Taken together, these lists will allow learners and other stakeholders to identify recognised awarding organisations and the regulated qualifications and components that are available to them. The arrangements outlined above will allow us to publish most of the information required by the 2009 Act, albeit not in a single register. We therefore propose to use these arrangements initially until we are able to develop and introduce a single register, and will recommend that transitional provisions be made accordingly. This information will be published in cooperation with fellow qualifications regulators in Wales and Northern Ireland and will therefore cover recognised awarding organisations and the regulated qualifications they are recognised to award in England, Wales and Northern Ireland. 41.Those provisions of the 2009 Act relating to the assignment of guided learning hours (GLHs) to qualifications for the purposes of the Education and Skills Act 2008 (that is relating to raising the participation age) will not be commenced immediately. Information about GLHs will not therefore be made available. However once these provisions are to be commenced we will take appropriate steps to notify stakeholders and to include information about GLHs in the register. 42.We will take account of responses to the separate consultation on the future exercise of our new statutory functions and develop and introduce a consolidated register in due course. We will work closely with awarding organisations and other stakeholders to develop a register that is fit for purpose for longer term use. ]]>     http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/the-proposed-transitional-arrangements-part-1/register-2/feed/ 0     Accreditation criteria http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/the-proposed-transitional-arrangements-part-1/accreditation-criteria-2/ http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/the-proposed-transitional-arrangements-part-1/accreditation-criteria-2/#comments Thu, 17 Dec 2009 15:32:19 +0000 admin http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/?p=107 35.We therefore propose that, initially, the existing accreditation criteria should continue to apply as follows. Even if we choose to amend some of these criteria in the period after vesting, we will not move to a position where accreditation is no longer needed until we are ready to do so. We will aim to move to the position where we can start removing the accreditation requirement for some qualifications by September 2010, subject to views on the consultation on the longer term arrangements. We therefore propose that any consultation on new or revised criteria conducted prior to 1 April 2010 should be regarded as consultation under the 2009 Act to inform the preparation and publication of new or revised criteria from 1 April 2010. 36.For NQF qualifications we propose to apply the following qualification specific criteria.
    • GCSEs and GCEs: You can find subject criteria at http://www.ofqual.gov.uk/743.aspx and www.ofqual.gov.uk/471.aspx.
    • Diploma qualifications: We propose to use the Criteria for the accreditation of Foundation, Higher and Advanced Diploma qualifications, 2009, which you can find at http://www.ofqual.gov.uk/files/OAC diplomas v2.pdf and the relevant current line of learning criteria, which you can find at http://www.ofqual.gov.uk/788.aspx. Updated versions of the phase 1 and 2 Diploma lines of learning criteria are due to be published in January 2010. An updated version of the Criteria for the accreditation of Foundation, Higher and Advanced Diploma qualifications is due to be published in March 2010. As stated in paragraph 35 and elsewhere any consultation started prior to 1 April 2010 will continue. We also propose that any consultation for these purposes conducted under the 1997 Act should be regarded as consultation for the purposes of the 2009 Act.
    • Functional skills qualifications: We propose to use the criteria for functional skills qualifications and the criteria for functional skills qualifications in English, mathematics and ICT. You can find these at http://www.ofqual.gov.uk/2578.aspx.
    37.Initially, we propose to use the following criteria for QCF qualifications: ]]>     http://comment.ofqual.gov.uk/ensuring-regulatory-continuity/the-proposed-transitional-arrangements-part-1/accreditation-criteria-2/feed/ 0