Consultation on changes to the Conditions of Recognition
Applies to England, Northern Ireland and Wales
Read the full outcome
Detail of outcome
Please note, changes to Condition F1 will take effect on 18 January 2021, in order to allow awarding organisations to consider new statutory guidance on this Condition before it is introduced. All other changes are effective on 1 October 2020 as set out in our decisions published on 20 February, with the exception of two changes that have already come into effect - a new, three-regulator Condition H6.2 and Ofqual’s guidance on conflicts of interest (including personal interest).
| Theme | Key proposals | Decision |
|---|---|---|
| Transparency of qualification fees (Condition F1) | Requiring all awarding organisations to publish fee information in a standard format | Implemented in full in all 3 countries + Ofqual only: Amended approach so that existing rules continue to apply in markets outside England. |
| Invoicing of qualification fees (Condition F3) | Clarifying the expectation for awarding organisations to issue invoices in line with HMRC requirements and provide a more detailed breakdown upon request. | Implemented in full in all 3 countries |
| Change of Control (Condition A3) | Introducing a definition of ‘procure’ in Section J and splitting A3.1 (a) into two parts to make clearer the distinct nature of the requirements. | Implemented in full in all 3 countries |
| Conflict of interest and personal interest (Ofqual only) | Clarifying the distinction between a conflict of interest and personal interest. | Ofqual only statutory guidance: Implemented with changes from 20 February 2020. CCEA Regulation and Qualifications Wales will introduce guidance separately with consideration of Ofqual’s published guidance. |
| Role of the Responsible Officer | Clarifying the requirement for awarding organisations to ensure their Responsible Officer is effective in that role. | Implemented in full in all 3 countries |
| Use of units developed by third parties (Condition D6) | Removing current Condition D6. This means that awarding organisations would be responsible for the compliance of units they use in their qualifications – irrespective of whether they (or a third party) developed the unit. | Implemented in full in all 3 countries |
| Recognition of Prior Learning (Condition E10) | Requiring all awarding organisations to publish a policy that makes clear whether they will recognise prior learning. | Implemented in full in all 3 countries |
| Special Consideration (Condition G7) | Confirming that Special Consideration can include proactive adjustments made prior to assessments as well as reactive adjustments to marks. Moving the definition from Condition G7.1 to Section J. | Implemented in full in all 3 countries |
| Issuing results (Condition H6) | Requiring awarding organisations to not issue results when directed by a regulator. | Implemented in full in all 3 countries - Effective March 2020 |
| Use of independent reviewers in appeals (Condition I1.2) | Clarifying that it is the final decision in respect of an appeal that must involve an independent party. | Implemented in full in all 3 countries |
| Improving understanding of the Conditions | Various | Implemented in full in all 3 countries |
| Keeping the Conditions up to date | Various | Implemented in full in all countries where applicable |
| Insolvency Event (Wales only) | A new defined term of ‘Insolvency Event’ to describe the point at which an awarding organisation is required to notify Qualifications Wales in accordance with Condition B3. | Implemented in full in Wales |
| Change of Control (Wales only) | Revising the defined ‘Change of Control’ to make it clearer to awarding organisations the circumstances in which a change of control is likely to have occurred, and at which point it should notify Qualifications Wales if it is, or believes that it is likely to be, subject to a change of control, in accordance with Condition B3. | Implemented in full in Wales |
| Use of ‘revised from time to time’ (Wales only) | Removing all references to ‘revised from time to time’ from the Conditions (B5.3, E6.2(a), E9.3, I2.1 and I3.1), and replace them with a single, interpretation provision in section J of the Conditions. | Not to be implemented |
Feedback received
Detail of feedback received
There were 48 responses to the consultation. 43 were submitted through the online consultation survey. 3 responses were submitted directly to regulators by email which broadly followed the layout of the survey, and 2 further written submissions to regulators were in a letter format and did not follow the format of the survey.
Where responses indicated the respondent type or where this could be determined from other details, 4 were from individuals and 42 were from organisations, 39 of which were awarding organisations. 2 respondents did not disclose details that would allow categorisation by type of respondent. All consultation responses were received in English and none were received in Welsh.
Original consultation
Consultation description
As qualifications regulators we are committed to protecting the interests of learners, maintaining standards in qualifications and promoting confidence in the qualifications system. We work closely together, and many of the awarding organisations we regulate are common to us all.
The Conditions of Recognition are the rules we set for the awarding organisations we regulate. Every recognised awarding organisation must make sure it, and all of its regulated qualifications, meet the Conditions. Across England, Wales and Northern Ireland, the Conditions are broadly similar – although there are some differences reflecting our policy and legislative contexts.
Our respective Conditions are well established and awarding organisations, in the main, report to us each year that they are complying with them. During 2018, Qualifications Wales carried out a review of its Conditions, talking to awarding organisations and centres. Ofqual issued a call for evidence on the transparency of qualification fee information. We committed to work together to consider the evidence gathered, while also bringing together our wider views, analysis and perspectives on where changes to the Conditions may be appropriate.
This consultation proposes a number of changes to our Conditions including, in particular, changes aimed at improving the level of transparency and clarity of qualification fees, as well as changes aimed at improving structure and clarity of wording. We have sought to align our proposals as far as possible – and this is reflected in the fact that there are only a very small number of instances in this consultation where we are proposing different requirements.
We would like to thank the stakeholders who have contributed to this collaborative review and look forward to receiving responses to our consultation.
Update, 4 September 2019
We have made minor amendments to summary tables at pages 12 - 15 (revisions proposed by theme and by regulator) and at page 58 (proposed changes to defined terms). These amendments do not change any of our proposals set out in the consultation document; they ensure the proposals are accurately and completely signposted.
Documents
Updates to this page
Published 2 August 2019Last updated 29 June 2020 + show all updates
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Added a clarification note about when various changes will take effect.
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Consultation decisions and analysis of responses published.
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We have made minor amendments to summary tables at pages 12 - 15 (revisions proposed by theme and by regulator) and at page 58 (proposed changes to defined terms). These amendments do not change any of our proposals set out in the consultation document; they ensure the proposals are accurately and completely signposted.
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First published.