B. The awarding organisation

and Ofqual

​

Condition B1 The role of the responsible officer

B1.1 An awarding organisation must ensure that an individual is at all times appointed to act as its responsible officer.

​

B1.2 The awarding organisation must ensure that  Ofqual is informed in writing of the name of the person from time to time appointed as its responsible officer.

​

B1.3 An awarding organisation must ensure that its responsible officer serves as the authoritative point of contact for Ofqual in relation to all activities undertaken by the awarding organisation which are of interest to Ofqual in accordance with the Act, including in particular –

(a) any matters relating to its compliance with its Conditions of Recognition,

(b) its ability to undertake the efficient development, delivery and award of qualifications,

(c) the standards of qualifications that it makes available or proposes to make available,

(d) any matters which may affect public confidence in qualifications, and

(e) the accessibility of qualifications it makes available, including its compliance with Equalities Law.

​

B1.4 An awarding organisation must ensure that, where –

(a) its responsible officer makes a statement to Ofqual(other than one which is required to be made by the Governing Body), Qualifications Wales will be entitled to rely on that statement as being accurate and made on behalf of the awarding organisation, and

(b) Ofqual gives to its responsible officer a statement, request, or notice addressed to the awarding organisation, Ofqual will be entitled to treat that statement, request, or notice as having been given to the awarding organisation.

​

B1.5 An awarding organisation must ensure that its Responsible Officer is effective in the role, including, in particular, by ensuring the Responsible Officer has sufficient authority to carry out that role.

​

Condition B2 The annual statement to compliance to Ofqual

B2.1 An awarding organisation must provide to Ofqual an annual statement of compliance.

​

B2.2 The statement of compliance must be –

(a) made in any form and on any date as may be notified to the awarding organisation by Ofqual,

(b) accurate,

(c) formally approved by the Governing Body of the awarding organisation, and

(d) signed by the chair of the Governing Body and the Responsible Officer.

​

Content of the statement of compliance

B2.3 The statement of compliance must specify either –

(a) that the awarding organisation is fully compliant with its Conditions of Recognition at the date of the statement, or

(b) that it is not so compliant, in which case the statement must describe each instance of non-compliance and the date by which the awarding organisation expects to rectify the failure.

​

B2.4 The statement of compliance must also specify either –

(a) that the awarding organisation has no cause to believe that it will be likely to fail to comply with any of its Conditions of Recognition during the period of twelve months immediately following the date of the statement, or

(b) that it does have such a cause for belief, in which case the statement must describe each instance of potential non-compliance, the grounds for believing it to be likely to occur, and the steps being taken by the awarding organisation in relation to it.

 

Condition B3 - Notification to Ofqual of certain events

Condition B3 does not apply to Ofqual-regulated apprenticeship end-point assessments

​

Condition B4 Notice to provide information to Ofqual

B4.1 Where Ofqual serves a written notice on an awarding organisation requiring the awarding organisation to provide it with any information that it seeks for the purpose of performing its functions, the awarding organisation must –

(a) comply with the terms of that notice, and

(b) ensure that all information provided to Ofqual in response to such a notice is accurate and complete.

​

B4.2 Any such notice may include terms which –

(a) specify the time within which the information is to be provided,

(b) specify a form in which the information is to be provided,

(c) require that the information is accompanied by such supporting documents or data as may be described, and

(d) require an awarding organisation to provide information which is already in its possession, or which has to be created or obtained by it.

​

Condition B5 Representations regarding qualifications

​

Statements regarding qualifications which are not regulated qualifications 

B5.1 An awarding organisation must not (and must take all reasonable steps to ensure that any person connected with it does not) make any statement that would be likely to lead users of qualifications to believe that a qualification it makes available is a regulated qualification when it is not a regulated qualification.

​

Advertising and promotion of qualifications

B5.2 An awarding organisation must not (and must take all reasonable steps to ensure that any person connected with it does not) advertise or promote its qualifications in a manner that is likely to be misleading to Users of qualifications.

​

Use of Ofqual’s Logo

B5.3 An awarding organisation must ensure that its use of Ofqual’s Logo complies with any Logo Requirements and Certificate Requirements which may be published by Ofqual and revised from time to time.

​

Condition B6 Cooperation with Ofqual

B6.1 An awarding organisation must provide Ofqual with all such assistance as it may request for the purpose of undertaking, in accordance with its functions, an investigation into, or other monitoring in relation to, the activities of that awarding organisation.

​

Condition B7 Compliance with Regulatory Documents

B7.1 Where a Regulatory Document requires an awarding organisation to take or to refrain from taking any action, the awarding organisation must comply with that requirement.

​

B7.2 Where a Regulatory Document sets out guidelines or principles of good practice in relation to any behaviour on the part of an awarding organisation, the awarding organisation must have regard to those guidelines or principles before it engages in that behaviour.

​

Condition B8 Compliance with undertakings given to Ofqual

B8.1 An awarding organisation must comply with the requirements of any undertaking which –

(a) it has given to Ofqual,

(b) is in writing, and

(c) states that it is an undertaking given in accordance with this condition.

​

Go to C. Third Parties

​