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.
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