Guidance

Annex B: Amended Special Conditions

Published 8 October 2024

Applies to England

Awarding Organisation: Qualifications for Industry (QFI)

Responsible Officer: [Redacted]

Amended Special Conditions

The Office of Qualifications and Examinations Regulation (Ofqual), in accordance with its powers under section 132(3)(d) of the Apprenticeships, Skills, Children and Learning Act 2009 (ASCLA) has imposed the following amended Special Conditions on Qualifications for Industry (known as ‘QFI’), for the reasons previously given. These amended Special Conditions replace all previous Special Conditions imposed on QFI with effect from the date of this notice:

Condition QFI 1 – Submitting qualifications to the Register

QFI 1.1 This special condition was removed on 19 May 2021.

Condition QFI 2 – Restriction on Learner numbers

QFI 2.1. QFI must take all reasonable steps to ensure that:

(a) no more than 200 Learners in total are at any one time registered to take its qualifications; and

(b) no more than 200 Learners in total take assessments for its qualifications in any 12 month period.

QFI 2.2. Before 5 March 2021 QFI must prepare and must thereafter maintain and comply with, a written plan setting out how it will secure compliance with Condition QFI 2.1. The written plan must include how it will protect the interests of learners.

QFI 2.3. QFI must promptly notify Ofqual if it has cause to believe that demand for its qualifications over the 12 month period (starting on the day of any such notification) might exceed the thresholds specified in Condition QFI 2.1.

QFI 2.4. QFI may at any time submit a written application to Ofqual seeking variation of the thresholds specified in Condition QFI 2.1. In making such an application, QFI should include evidence to show how it will be able to comply with General Condition A5 in light of its anticipated Learner numbers.

QFI 2.5 Nothing within Condition QFI 2 will affect the status of a qualification awarded in breach of this Condition.

Condition QFI 3 – Notification to Ofqual

QFI 3.1. QFI must promptly notify Ofqual where there has been, or is likely to be, any change to its Senior Officers.

Condition QFI 4 – Financial Viability

QFI 4.1 QFI must report to Ofqual its cash balance at the end of each month. QFI must provide the information through the portal notification system by the fifth working day of each following month.

Condition QFI 5 – Interpretation and definitions

QFI 5.1. The rules of interpretation and definitions outlined in General Condition J1 and EPA Condition 6 shall apply to these Special Conditions.

QFI 5.2. Except in the circumstances described in Condition QFI 5.3, the requirements imposed by these Special Conditions apply in addition to the requirements imposed by the General Conditions of Recognition and any relevant Qualification Level Conditions and Subject Level Conditions.

QFI 5.3. To the extent that there is any inconsistency between –

(a) a requirement of one of these Special Conditions, and

(b) a requirement of a General Condition of Recognition, a Qualification Level Condition or a Subject Level Condition, such that QFI could not comply with both such requirements, the awarding organisation must comply with the requirement of the Special Condition and is not obliged to comply with the requirement of the other Condition.

Signed: [Redacted]

Dated: 8th March 2023

[Redacted], Director of VTQ Operations

Annex to Special Conditions

Publication and sharing of information

1. Ofqual may publish a Special Condition, either fully or in part, on its website, www.ofqual.gov.uk, unless Ofqual is persuaded by an awarding organisation that there is a legitimate reason that this should not be published, including that this may have adverse commercial implications for the awarding organisation involved.

2. Ofqual may share information about these Special Conditions with other regulators in accordance with its powers, where it considers necessary.

Right of internal review

3. You may request an internal review of the decision to impose a Special Condition within 10 working days of the date the Special Condition was imposed. The request must be issued via the Portal, with the subject line - for the attention of Rosalind Jackson, Associate Director, Legal Moderation and Enforcement.

4. An internal review may be requested on the following grounds only:

a) The facts of the decision for imposing a Special Condition are incorrect;

b) A relevant fact has not been taken into account;

c) Ofqual has not followed its own procedures; or

d) The decision to impose a Special Condition does not support the facts, an unreasonable decision.

5. Any internal review will be carried out by an officer of Ofqual who has had no previous involvement in your matter.

Review date

6. On or after 19 June 2023 (the ‘review date’), Ofqual will review whether the requirements of these Special Condition(s) need to remain in place and will issue its decision to you. You may request that Ofqual carries out this review before the specified review date if you believe some or all of the requirements no longer need to remain in place. You should provide evidence to support any such request.

7. If after review, Ofqual considers that some or all of the requirements of these Special Conditions no longer need to remain in place, the relevant requirements will be removed.

8. If Ofqual considers that some or all of the requirements need to remain in place, or that additional or alternative requirements need to be imposed, it may take one or more of the steps set out below8 below, in isolation or combination.

9. After review, Ofqual may:

a) Set a new review date,

b) Introduce more active and/or more frequent monitoring,

c) Amend the terms of the Special Conditions (by adding and/or removing requirements),

d) Determine whether there has been a breach of the Special Conditions,

e) Take any regulatory action set out in Ofqual’s Taking Regulatory Action policy.

10. The process set out above is without prejudice to any other action that Ofqual may take in line with its Taking Regulatory Action policy.

Requests for information

11. Failure to provide the information as required by this Special Condition is a breach of the Special Conditions and Ofqual may take regulatory action.

12. If you are unable to provide the information or cannot provide it within the timescale required you should notify Ofqual as soon as practical, giving details as to why this cannot be provided.

13. Unless specifically requested you should redact personal information from any documents provided.

14. Where personal data is requested, you must consider whether any steps need to be taken in order to ensure compliance with data protection legislation.

15. Where personal data is being transferred, you may need to consider whether you need to put in place any additional safeguards. Ofqual can provide assurance that it will process personal data in accordance with UK data protection legislation. For more details about how Ofqual processes personal data please see our privacy information. Awarding organisations must ensure that personal data is transferred securely.

16. All information submitted in response to the Special Conditions will be retained by Ofqual and may be used for other purposes in accordance with Ofqual’s objectives and duties. Personal data will only be used for another compatible purpose and/or anonymised or pseudonymised where possible.

17. Ofqual is subject to the Freedom of Information (FOI) Act 2000 and we may be asked to disclose information under that Act. No personal data will be disclosed unless required by law. Where an awarding organisation indicates that it considers information submitted to us to be commercially sensitive, we will take this into account when considering any FOI request. However, it will be for Ofqual to determine whether the information must be disclosed or an exemption applied.

18. Ofqual may share information provided to it by you with other agencies or authorities where appropriate or where required by law.