50.— (1) The Authority shall, as soon as practicable after the establishment day, establish and publish, in such form and manner as it thinks appropriate (including on the internet), policies and criteria for the making of an award by—

(a) the Authority, and

(b) a provider to which, under section 53, authority to make an award has been delegated.

(2) The Authority shall, within 5 years after the establishment of policies and criteria under subsection (1), and at least once in every period of 5 years thereafter, review those policies and criteria.

F39[(3) The Authority shall, on the application of a relevant provider, and in accordance with the policies and criteria established under subsection (1), and having regard to the procedures established by the provider under section 56(2), make an award to a learner where the learner has, in the opinion of the provider, acquired, and where appropriate, demonstrated, the appropriate standard of knowledge, skill or competence as determined by the Authority under section 49(1).]

(4) Subject to subsection (5), the Authority shall, on the application of a provider in respect of an enrolled learner of that provider, and in accordance with the policies and criteria established under subsection (1), make an award to the enrolled learner where the Authority, having consulted with that provider, is satisfied that the learner has acquired, and where appropriate demonstrated, the appropriate standard of knowledge, skill or competence as determined by the Authority under section 49(1).

(5) An application by a provider under subsection (4) may be made only in respect of a programme of education and training of the provider which has been validated by the Authority under section 45.

(6) An application under subsection (3) and subsection (4) shall be accompanied by such fee (if any) as may be determined by the Authority under section 80.

(7) F40[…]

(8) A provider commits an offence if, in relation to a programme of education and training of the provider, the provider falsely claims or represents that upon—

(a) completion by a learner of that programme, or

(b) the attainment by a learner of a specified standard of knowledge, skill or competence upon completion by the learner of that programme,

the learner is entitled to an award of the Authority.

(9) In this section, “award” does not include a joint award of the Authority made under a joint awarding arrangement.