45.— (1) Upon receipt of an application under section 44(5), the Authority may—

(a) subject to subsection (2), validate the relevant programme of education and training where the programme satisfies the criteria established by the Authority under section 44(1), or

(b) refuse to validate the programme and give reasons for the refusal.

F34[(1A) A validation under subsection (1) of a programme of education and training shall have effect for such period as the Authority determines and specifies in the validation, but subsection (1B) applies so as to provide that, in the circumstances specified in that subsection and in relation to the learner there referred to, a programme of education and training shall, for the purposes of this Act, be deemed to be validated notwithstanding the fact that the foregoing period has expired.

(1B) In circumstances in which a learner—

(a) is enrolled on a programme of education and training before the expiry of the period specified, under subsection (1A), in the validation with respect to that programme, and

(b) completes, in accordance with its terms, that programme after that expiry,

that programme shall, in relation to that learner, be deemed to be validated for the purposes of this Act notwithstanding the expiry of the period so specified.]

(2) The validation of a programme by the Authority is subject to—

(a) the conditions specified in subsection (3), and

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

(3) The provider of the programme concerned shall—

(a) co-operate with and assist the Authority in the performance of the Authority’s functions in so far as those functions relate to the functions of the provider,

(b) establish procedures which are fair and consistent for the assessment of enrolled learners to ensure the standards of knowledge, skill or competence determined by the Authority under section 49(1) are acquired, and where appropriate, demonstrated, by enrolled learners,

(c) continue to comply with section 65 F35[…], if applicable, and

(d) provide to the Authority such information as the Authority may from time to time require for the purposes of the performance of its functions, including information in respect of completion rates.

(4) Where the Authority refuses under subsection (1)(b) to validate a programme of education and training, the provider of the programme may appeal against the refusal to the Appeals Panel.

(5) A provider who falsely claims or represents that the Authority has validated a programme of education and training of the provider commits an offence.