Ofqual’s policy on taking regulatory action
Ofqual is committed to being a transparent regulator. We will be open about the circumstances in which we will take regulatory action and be open about the actions we have taken. We will publish our Policy on Taking Regulatory Action. This policy will form part of our Qualifications Regulatory Framework.
We have previously consulted on how we should use our regulatory powers. We have now set out in a draft policy how we intend to use the range of regulatory actions available to us. Comments on the draft are invited, before we finalise and publish the policy.
We will publish separately our policy on using our fee-capping power.
The consultation is available to view online, alternatively you can download a copy in PDF format, Taking Regulatory Action: Part 1 (PDF).
This consultation has now closed. The results of this consultation will feed in to the sanctions policy to be published in July 2011.
Where responses are emailed please ensure you include the consultation title in the subject line.
Please structure your comments using the following headings:
- Ofqual’s general approach to taking regulatory action
- Imposing conditions of recognition
- Accreditation requirements
- Giving a direction
- Imposing an entry and inspection condition
- Withdrawing recognition
We plan to review and revise the draft policy as necessary in light of the comments we receive it and to publish the final policy in July 2011.
Contents:
- 1. Background
- 2. Imposing conditions of recognition
- 3. Accreditation requirements
- Making a qualification subject to an accreditation requirement
- Process of accreditation
- When might we impose an accreditation requirement?
- Consulting with the AO(s) awarding the relevant qualification(s)
- Publishing use of an accreditation requirement and criteria
- Revising the accreditation criteria
- The duration of the accreditation requirement
- 4. Giving a direction
- Power to give a direction
- When might we give a direction?
- Decision to give a notice of intention to give a direction
- Giving notice of our intention to give a direction
- Representations by the AO
- Response to representations by the AO
- Enforcing compliance with a direction
- Amendment or revocation of a direction
- 5. Entry and inspection
- 6. Withdrawal of recognition
- Decision to withdraw recognition from an AO
- Decision to give a notice of intention to withdraw recognition
- When might we withdraw recognition from an AO?
- Giving the notice of intention to withdraw recognition
- Representations by the AO
- Response to representations by the AO
- Final decision notice
- Independent review of a decision to withdraw recognition
- Respond
