C10

Prospective affecting provision: section inserted by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 23, not commenced as of date of revision.

F47[55B. (1) For the purposes of this Act, an award shall be regarded as an "award that is included within the Framework" if, in accordance with sections 55C and 55D, the Authority makes the following decisions in that behalf, namely—

(a) firstly - with respect to the body that will make the particular award, and on the assumption that the decision referred to in paragraph (b) with respect to that award will be an affirmative decision - a decision, under section 55C(5), that it is an appropriate body, with reference to the particular award, to make such an award, and

(b) following the making of that decision - a decision under section 55D that it is appropriate that the particular award be regarded as one that is included within the Framework,

but this is subject to subsections (2) to (4) and sections 55D(7) and 55I.

(2) Subsection (1)(a) does not apply to an award that is made by—

(a) the Authority,

(b) a designated awarding body,

(c) a provider to whom the Authority has delegated authority to make awards, or

(d) a body that makes an award under the Education Act 1998 that stands specified by the Minister to be an award that falls within this paragraph,

and, accordingly, with respect to an award to be made by the Authority or by any foregoing body or provider and without prejudice to subsection (3), an affirmative decision under section 55D suffices for the award to be regarded, for the purposes of this Act, as an award that is included within the Framework.

(3) In respect of an award made by a designated awarding body, such an award shall, without the need for the making of a decision under section 55D, be regarded as an award that is included within the Framework if—

(a) arrangements of the kind referred to in subsection (4) have been put in place by the designated awarding body and the Authority, and

(b) on foot of those arrangements, the Authority—

(i) expresses its agreement with the view, concerning that award, of the designated awarding body referred to in paragraph (a) of subsection (4), and

(ii) notifies the body, in writing, to that effect,

and an award, the subject of such a notification, is referred to subsequently in this Act as a "section 55B(3) award".

(4) The arrangements referred to in subsection (3) are arrangements that consist of the following 2 procedures—

(a) a procedure under which, following its forming such a view in relation to an award it makes, a designated awarding body may, by notice in writing served on the Authority, state that the body is of the view it is appropriate that the award be regarded as an award that is included within the Framework, and

(b) a procedure under which the Authority may—

(i) having had regard to the view of the body expressed in that notice, and

(ii) having consulted with the body,

express the agreement of the Authority with that view.

(5) Notwithstanding that a section 55B(3) award has not been preceded by the making of a decision by the Authority under section 55D in relation to it, a section 55B(3) award shall for the purposes, and the purposes only, of subsections (6) to (8) of section 55D (and the relevant provisions of sections 55I and 80 referred to in those subsections) be deemed to have been the subject of an affirmative decision made under section 55D.]