Qualifications and Quality Assurance (Education and Training) Act 2012

28.

Obligation of providers to prepare quality assurance procedures.

28.— (1) Subject to sections 29, 30, 32 and 33, F12[each relevant provider, linked provider and associated provider shall establish procedures] for quality assurance for the purposes of establishing, ascertaining, maintaining and improving the quality of education, training, research and related services the provider provides.

(2) F12[Each relevant provider, linked provider and associated provider] shall have regard to the guidelines issued by the Authority under section 27(1)(a) in establishing procedures under subsection (1).

F13[(2A)The quality assurance procedures established by a relevant provider, linked provider or associated provider to satisfy the provisions of section 33, 44(8) or 61(6), as appropriate, shall be for the purpose of further improving and maintaining the quality of education and training provided, organised or procured by that provider, being

(a) education and training that lead to one or more awards that are awards included within the Framework, or

(b) English language education and training, the programme in respect of which the provider is authorised, under section 61(7), to use the international education mark.

(2B) Programmes of education to which section 13(3) of the Education Act 1998 applies shall not be subject to the procedures established under this section.]

F12[(3) Procedures under subsection (1) shall be established

(a) as soon as practicable after the issue of guidelines by the Authority under section 27(1)(a), and

(b) in addition to what is provided in paragraph (a), in the following cases at such other time or times:

(i) subject to subparagraphs (ii) to (iv), by a relevant provider, linked provider or associated provider where the relevant provider, linked provider or associated provider, as the case may be, thinks appropriate;

(ii) in the case of a relevant provider, by the relevant provider where the Authority directs it to do so;

(iii) in the case of a linked provider, by the linked provider where the relevant designated awarding body directs it to do so;

(iv) in the case of an associated provider, by the associated provider where the relevant listed awarding body directs it to do so,

and, in the case of a direction under subparagraph (ii), (iii) or (iv), the procedures shall be established in compliance with the direction within such period as the Authority or, as the case may be, the other body giving the direction determines and specifies in the direction in that behalf.]

(4) Procedures under subsection (1) shall include procedures for—

(a) evaluation, subject to subsection (5), from time to time as the provider thinks appropriate, by the provider and by enrolled or formerly enrolled learners of the education, training, research and related services provided by that provider,

(b) review by the provider of the F12[implementation] of the quality assurance procedures,

(c) preparation of a report by the provider setting out—

(i) the results of a review carried out under paragraph (b),

(ii) what measures (if any) the provider considers necessary arising out of that review to establish, ascertain, maintain and improve the quality of education, training, research and related services provided by the provider,

(d) furnishing the report to the Authority, and, in the case of a linked provider, also to the relevant designated awarding body concerned,

(e) publication of the report, and

(f) implementation of the measures (if any) referred to in paragraph (c)(ii).

(5) Procedures for an evaluation by a provider under subsection (4)(a) shall provide for an evaluation to be completed at least once every 7 years after the issue of guidelines under section 27(1)(a) and—

(a) in the case of a relevant provider, whenever the Authority so directs, or

(b) in the case of a linked provider, whenever the relevant designated awarding body so directs.

(6) A relevant provider or linked provider who organises or procures a programme of education and training which is provided, wholly or partly, by another person shall, in so far as the procedures to be established by the relevant provider or linked provider under subsection (1) relate to that part of the programme provided by that person, agree those procedures with that person.

(7) Subsection (1) shall not apply to a person referred to in subsection (6) where the person is a relevant provider or a linked provider in so far as—

(a) procedures have been agreed under subsection (6) between the person and the relevant provider or the linked provider who organises or procures the programme, and

(b) those procedures relate to that part of the programme provided by that person.

Annotations

Amendments:

F12

Substituted (8.11.2019) by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 8(a), (b), (d), (e), S.I. No. 540 of 2019.

F13

Inserted (8.11.2019) by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 8(c), S.I. No. 540 of 2019.