When we will seek to exercise the entry and inspection condition
Section 4: Entry and inspection, Taking Regulatory Action: Version 2 - For Consultation Back
In appropriate cases, we will seek to exercise our powers under an entry and inspection condition so far as is necessary to:
- satisfy ourselves that the appropriate standards are being maintained by an awarding organisation in relation to the award of any qualification for which the awarding organisation is recognised, or
- determine whether to impose a fee-capping condition and, if so, what that condition should be.
Appropriate cases may, for example, include those in which:
- we have grounds to believe that an awarding organisation has been involved in malpractice or maladministration in relation to the award of a regulated qualification and it is important for us to preserve the integrity of evidence.
- we need to inspect or copy documents which have previously been requested but which the awarding organisation has been unable or has refused to supply. (But an awarding organisation would be able to exclude from inspection any documents that were subject to legal privilege, that is, certain communications with its lawyers.)
- we have not otherwise been able to obtain information needed to inform a decision to impose a fee-capping condition.
- we are responding to incidents, for example security breaches with live question papers, which could affect the maintenance of standards and undermine public confidence. We may wish to visit at short notice to inspect an awarding organisation‟s arrangements for the storage of live question papers.
- we need to gain access to computer records that are key to the maintenance of standards of a regulated qualification and that can only be accessed at the awarding organisation‟s premises.
Before seeking to exercise the entry and inspection condition, we will give consideration to the:
- information being sought,
- justification, on the evidence available to us, as to why a visit to the awarding organisation‟s premises is necessary, and
- amount of notice that should be given to the awarding organisation.
