1.1The Apprenticeships, Skills, Children and Learning Act 2009 (the Act) establishes a new, independent regulator of qualifications and national curriculum and EYFS assessments in England and of vocational qualifications in Northern Ireland. The Office of Qualifications and Examinations Regulation, Ofqual, will be independent of Ministers, of national organisations which advise on or develop qualifications and of the organisations which award qualifications. Ofqual will report directly to the UK Parliament and the Northern Ireland Assembly.
1.2The Government plans to make provision to commence the legislation establishing Ofqual from 1 April 2010. Since April 2008, however, Ofqual has been in operation in an interim form, as a distinct part of the Qualifications and Curriculum Authority (QCA).
1.3The new legislation marks a step-change in the way that qualifications and assessments are regulated. It sets out a structure within which Ofqual, as the independent regulator, will maintain standards and public confidence largely by making sure that the organisations which award regulated qualifications have the right systems in place to control the quality of their qualifications. Ofqual will have specific powers to intervene, where necessary, but such interventions will need to be justified by risk.
1.4This document sets out, at a high level, how Ofqual intends to regulate under the new legislation, and how we intend to move from the old regulatory world to the new. We are inviting views on these proposals from all who have an interest in high quality qualifications and assessments. After we have considered the responses to this consultation, Ofqual will consult further on the detailed processes, criteria and frameworks that the Act requires us to develop. In the meantime, we shall seek to paint as clear a picture as possible of the direction of travel as we move towards the approach to regulation envisaged by the Act.
