Qualifications and Quality Assurance (Education and Training) Act 2012

61.

International education mark.

61.— (1) The Authority shall specify an international education mark (in this Act referred to as the “international education mark”) to indicate that a provider is in compliance with the code of practice.

(2) The international education mark may include such words as the Authority decides from time to time, subject to the agreement of the Minister.

(3) Subject to subsection (5), a provider may apply to the Authority for authorisation to use the international education mark.

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

(5) A provider shall not make an application under subsection (3) unless—

(a) the provider has established procedures for quality assurance under section 28,

(b) the provider has established procedures for access, transfer and progression under section 56, and

(c) in respect of each programme of education and training of the provider which leads to an award, that award is recognised within the Framework by the Authority where that award is capable of being recognised within the Framework.

(6) A provider, other than a relevant provider or a linked provider, who makes an application for authorisation to use the international education mark under subsection (3) may—

(a) for the purposes of complying with subsection (5)(a), establish procedures for quality assurance under section 28 as if the provider was a relevant provider and sections 30 and 31 shall apply to such a provider as if that provider was a relevant provider, and

(b) for the purposes of complying with subsection (5)(b), establish procedures for access, transfer and progression under section 56 as if the provider was a relevant provider.

(7) The Authority shall determine an application under subsection (3) by assessing the compliance of the provider with the code of practice and following upon such assessment the Authority shall—

(a) subject to subsection (8), authorise the use by that provider of the international education mark where it is satisfied that the provider is in compliance with that code, or

(b) refuse to authorise the use by that provider of the international education mark giving reasons for the refusal,

and shall notify the provider in writing of its decision.

(8) The authorisation to use the international education mark by the Authority is subject to—

(a) the conditions specified in subsection (9), and

(b) any other conditions that the Authority thinks it appropriate to impose in relation to that authorisation.

(9) A provider authorised to use the international education mark shall—

(a) co-operate and assist the Authority in the performance of the Authority’s functions in so far as those functions relate to operation of the code of practice and the international education mark, and

(b) provide to the Authority such information as the Authority may from time to time require for the purposes of the performance of its functions in relation to the code of practice and the international education mark.

(10) The Authority shall authorise the use of the international education mark by a provider under the seal of the Authority.

(11) The Authority shall be the proprietor of the international education mark and shall have sole power to authorise the use of the international education mark.

(12) Where the Authority refuses to authorise the use by a provider of the international education mark, the provider concerned may appeal against that refusal to the Appeals Panel.

(13) A provider who—

(a) uses the international education mark without the authorisation of the Authority, or

(b) falsely claims or represents that the Authority has authorised the use by the provider of the international education mark,

commits an offence.

(14) In any proceedings a certificate bearing the seal of the Authority stating that the register shows that on the date or during the period specified in the certificate a provider identified by the certificate was not entered in the register as being authorised to use the international education mark, is admissible as evidence of the fact that the provider was not authorised to use the international education mark by the Authority on the date or during the specified period.

(15) A document purporting to be a certificate under subsection (14) shall be taken to be such a certificate, unless the contrary is shown.

Annotations

Amendments:

F54

Inserted by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 26(a), not commenced as of date of revision.

F55

Substituted by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 26(b), (c), (d)(i), (ii), (e), (f)(i), (ii), not commenced as of date of revision.

F56

Inserted by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 26(f)(iii), not commenced as of date of revision.

Modifications (not altering text):

C19

Prospective affecting provisions: subss. (1A) inserted, (3), (5) substituted, (6) amended, (7) substituted and (9) amended by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 26, not commenced as of date of revision.

61.— (1) The Authority shall specify an international education mark (in this Act referred to as the “international education mark”) to indicate that a provider is in compliance with the code of practice.

F54[(1A) The Authority may specify variant forms of the international education mark for different groups of providers or classes of programmes, including an international education mark for English language education and training.]

(2) The international education mark may include such words as the Authority decides from time to time, subject to the agreement of the Minister.

F55[(3) Subject to subsection (5), a provider (other than an associated provider) may apply to the Authority for authorisation to use the international education mark:

(a) if all programmes offered by the provider to international learners lead to one or more awards that are awards included within the Framework;

(b) in respect of each programme offered by the provider which leads to an award that is an award included within the Framework; or

(c) in respect of English language programmes.]

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

F55[(5) A provider shall not make an application under subsection (3) unless

(a) the provider has established procedures for quality assurance under section 28 that will address, in a manner that is appropriate, the requirements under this Part for authorisation to use the international education mark, and

(b) the provider has established procedures for access, transfer and progression under section 56.]

(6) A provider, other than a relevant provider or a linked provider, who makes an application for authorisation to use the international education mark under subsection (3) may—

(a) for the purposes of complying with subsection (5)(a), establish procedures for quality assurance under section 28 as if the provider was a relevant provider and F55[sections 30, 31, 34, 35 and 36] shall apply to such a provider as if that provider was a relevant provider, and

F55[(b) for the purposes of complying with subsection (5)(b), establish procedures for access, transfer and progression under section 56 as if the provider was a relevant provider and sections 57, 58 and 59 shall apply as if the provider was a relevant provider.]

F55[(7) The Authority shall determine an application under subsection (3) by assessing

(a) the compliance of the provider with the code of practice, and

(b) other than in the case of a previously established university or a linked provider, the suitability of the providers quality assurance procedures having regard to the fact that, should its application be granted, the provider will be authorised to use the international education mark,

and following upon such assessment, the Authority shall:

(i) subject to subsection (8), authorise the use by the provider of the international education mark where it is satisfied that the provider is in compliance with that code and, in a case to which paragraph (b) applies, that its quality assurance procedures are suitable having regard to the fact referred to in that paragraph; or

(ii) refuse to authorise the use by the provider of the international education mark giving reasons for the refusal,

and shall notify the provider in writing of its decision.]

(8) The authorisation to use the international education mark by the Authority is subject to—

(a) the conditions specified in subsection (9), and

(b) any other conditions that the Authority thinks it appropriate to impose in relation to that authorisation.

(9) A provider authorised to use the international education mark shall—

(a) co-operate and assist the Authority in the performance of the Authority’s functions in so far as those functions relate to operation of the code of practice and the international education F55[mark,]

(b) provide to the Authority such information as the Authority may from time to time require for the purposes of the performance of its functions in relation to the code of practice and the international education F55[mark, and]

F56[(c) comply with section 65(1).]

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