Regulatory framework Julie Swan Associate Director, Regulatory Policy and Vocational Qualification Policy

Aim To develop your:  understanding of the regulatory framework  confidence when using our regulatory documents  ability to explain the regulatory requirements to your colleagues

Apprenticeship, Skills, Children and Learning Act (2009) The Act gives Ofqual:  Statutory objectives  Duties  Powers

The Act  Requires us to set conditions  Requires awarding organisations to comply with those conditions  Requires awarding organisations to have regard to our guidance  Enables us to take regulatory action against an awarding organisation that is in breach of a condition – or in some cases is likely to breach a condition

The Act defines ‘regulated qualification’ To be regulated a qualification must:  be awarded by an organisation that has been recognised by us to award the qualification  have some learners who are assessed for the qualification mainly or part in England or Northern Ireland for vocational qualifications A qualification:  remains regulated when it is taken elsewhere (subject to provisions in Wales)  cannot be a regulated qualification if there are no learners taking their assessments for it, either mainly or in part, in England or Northern Ireland

General Conditions of Recognition  First published in 2011 and updated since  Apply to all awarding organisations and all regulated qualifications  Awarding organisations must comply with the Conditions In two parts:  Part 1 – the awarding organisation  Part 2 – the regulated qualification

The General Conditions  Mainly focus on the outcomes an awarding organisation must secure  Do not prescribe how an awarding organisation must work

Qualification and subject level conditions  For some qualifications awarding organisations must also comply with qualification level conditions and, for some, subject level conditions

Guidance  Awarding organisations must have regard to our guidance  Most of our guidance illustrates behaviours or outcomes that would indicate an awarding organisation is or is not complying with a condition

Requirements and criteria Requirements with which awarding organisations must also comply:  Qualification and component levels  Certificate requirements  Using the Ofqual logo Criteria:  Recognition criteria  Accreditation criteria  Total Qualification Time criteria

Developing conditions  We may introduce new conditions to address specific issues  We assess the impact of doing so  We consult  New conditions can be subject to a sunrise provision

Developing guidance  We consulted awarding organisations on the style of guidance they would prefer  We have sought views on the conditions for which awarding organisations believe there is the most need for guidance  We have held workshops on draft guidance  Consultation published 7 December - please see our guidance stand outside Consultation published 7 December

Taking regulatory action  Sets out our enforcement powers and the factors we take into account when deciding whether to use them

Some points to note in the General Conditions of Recognition  Interpretation and definitions – section J  Defined terms start with an upper case letter, eg Adverse Effect  Condition B2 - The annual statement to Ofqual  Condition B3 – Notification to Ofqual of certain events

Questions  Questions from the audience