Regulatory Conditions Section D
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Go to D. General requirements for regulated qualifications
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Conditions
Reference to In2action - EPA Policy and Procedures
Date last reviewed
Outcome of review (if applicable)
Due date
D. General Requirements for regulated Qualifications
Fitness for purpose of qualifications
D1.1 An awarding organisation must ensure that each qualification which it makes available is fit for purpose.
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D1.2 A qualification will only be fit for purpose if that qualification, as far as possible, secures the requirements of –
(a) Validity,
(b) Reliability,
(c) Comparability,
(d) Manageability, and
(e) Minimising Bias.
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D1.3 In any case where there is a conflict between two or more of the requirements in Condition D1.2, an awarding organisation must secure that it achieves a balance between those requirements that –
(a) ensures its compliance with its Conditions of Recognition, and
(b) is objectively the optimum balance in relation to the particular qualification.
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Accessibility of qualifications
D2.1 An awarding organisation must ensure that it complies with the requirements of Equalities Law in relation to each of the qualifications which it makes available.
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D2.2 An awarding organisation must monitor qualifications which it makes available for any feature which could disadvantage a group of Learners who share a particular Characteristic.
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D2.3 Where an awarding organisation has identified such a feature, it must –
(a) remove any disadvantage which is unjustifiable, and
(b) maintain a record of any disadvantage which it believes to be justifiable, setting out the reasons why in its opinion the disadvantage is justifiable.
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Reviewing Approach
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Review of approach
D3.1 An awarding organisation must keep under review, and must enhance where necessary, its approach to the development, delivery and award of qualifications, so as to assure itself that its approach remains at all times appropriate.
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Evidence to inform approach
D3.2 An awarding organisation must –
(a) have due regard to all information, comments and complaints received from Users of qualifications in relation to the development, delivery and award of qualifications, and
(b) identify and give due regard to any credible evidence which suggests that a change in its approach to the development, delivery and award of qualifications is required in order to ensure that the approach remains appropriate.
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D3.3 Where an event relating to an awarding organisation (or an event, of which it is or should be aware, relating to any other awarding organisation) has had an Adverse Effect, the awarding organisation must review and revise where necessary its approach to the development, delivery and award of qualifications to ensure that its approach remains appropriate.
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Responding to enquiries and complaints procedures
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Responding to enquiries from Users of qualifications
D4.1 An awarding organisation must answer accurately, fully and within a reasonable time any reasonable enquiries received by it from Users of qualifications.
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D4.2 Nothing in this condition obliges an awarding organisation to disclose information if to do so would breach a duty of confidentiality or any other legal duty.
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Complaints procedures
D4.3 An awarding organisation must establish, maintain, publish and at all times comply with a written complaints procedure.
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D4.4 The complaints procedure must in particular include procedures and timescales for –
(a) responding to complaints, and
(b) dealing with the subject matter of complaints.
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Compliance of qualifications with regulatory documents
D5.1 An awarding organisation must ensure that in the development, delivery and award of any qualification which it makes available, or proposes to make available, it –
(a) complies with any requirement relating to that qualification which is set out in a Regulatory Document, and
(b) has regard to any guidelines and principles of good practice relating to that qualification which are set out in a Regulatory Document.
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Management of the withdrawal of qualifications
D6.1 For the purposes of this condition, an awarding organisation withdraws a qualification at the point in time when it first –
(a) ceases to register Learners for the qualification,
(b) ceases to deliver or award that qualification to Learners,
(c) surrenders its recognition in respect of that qualification, or
(d) has its recognition withdrawn by Ofqual in respect of that qualification.
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D6.2 Where an awarding organisation intends to withdraw, otherwise believes it to be likely that it will withdraw, or is obliged to withdraw, a qualification, it must take all reasonable steps to protect the interests of Learners in relation to that qualification.
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D6.3 An awarding organisation must give to Ofqual reasonable notice of its anticipated withdrawal of a qualification, and must do so prior to the time at which it provides that information to any Learners, Centres, or purchasers of qualifications.
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D6.4 Where an awarding organisation intends to withdraw, or is obliged to withdraw, a qualification, it must –
(a) promptly prepare, maintain, and comply with a written withdrawal plan, which must specify how the interests of Learners in relation to that qualification will be protected, and
(b) provide clear and accurate information about the withdrawal to Learners, Centres, and purchasers of qualifications who are likely to be affected by the withdrawal.
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D6.5 An awarding organisation must ensure that any withdrawal plan which it prepares complies with any requirements which Ofqual has communicated to it in writing.
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Making available information to help meet Teachers' needs
D7.1 In respect of each qualification which it makes available, an awarding organisation must ensure that there is available to each Teacher any information which, for the purpose of preparing Learners and persons likely to become Learners for assessments for that qualification, the Teacher may reasonably require to be provided by the awarding organisation.
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Compliance with saving and transitional provisions following cessation of accreditation
D8.1 In respect of each qualification which it makes available that is subject to an accreditation requirement in accordance with section 139 of the Act, and for which accreditation will cease to have effect in accordance with section 140(6) of the Act, an awarding organisation must comply with any requirements relating to that qualification which are set out in any saving and transitional provisions made by Ofqual in accordance with section 140(10) of the Act.
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Go to E. Design & development of qualifications
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03/03/2022 BK-H
Statement
Design of assessments, grading and delivery
Equality Policy
Reasonable adjustments
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03/03/2022 BK-H
Statement
Sampling Plan
03/03/2022 BK-H
03/03/2022 BK-H
Statement
Equality Policy
Reasonable adjustments
03/03/2022 BK-H
03/03/2022 BK-H
03/03/2022 BK-H
Statement
Customer Care Policy
03/03/2022 BK-H
03/03/2022 BK-H
Statement
Procedure for responding to enquires
03/03/2022 BK-H
03/03/2022 BK-H
Statement
Complaints Procedure
03/03/2022 BK-H
03/03/2022 BK-H
Statement
03/03/2022 BK-H
Statement
Withdrawal Policy
03/03/2022 BK-H
03/03/2022 BK-H
Statement
03/03/2022 BK-H
Statement
03/03/2022 BK-H
Statement
Withdrawal Policy
03/03/2022 BK-H
03/03/2022 BK-H
Statement
Withdrawal Policy
03/03/2022 BK-H
03/03/2022 BK-H
Statement
Withdrawal Policy
03/03/2022 BK-H
03/03/2022 BK-H
Statement
Withdrawal Policy
03/03/2022 BK-H
03/03/2022 BK-H
Statement
Customer Care Policy
03/03/2022 BK-H
03/03/2022 BK-H
Statement
Customer Care Policy
03/03/2022 BK-H
03/03/2022 BK-H
Statement
Procedure for responding to enquires
03/03/2022 BK-H
03/03/2022 BK-H
Statement
Complaints Procedure
03/03/2022 BK-H
03/03/2022 BK-H
Statement
Equality Policy
Reasonable adjustments
03/03/2022 BK-H
03/03/2022 BK-H
03/03/2022 BK-H
Statement
Equality Policy
Reasonable adjustments
03/03/2022 BK-H
03/03/2022 BK-H
03/03/2022 BK-H