C11

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.

F48[55C. (1) The purpose for which provision for—

(a) the establishment of the category next referred to in this section, and

(b) the procedures for the listing of awarding bodies,

is made by this section is so that an award, being an award—

(i) the subject of an affirmative decision under section 55D, and

(ii) made by an awarding body whose name appears in the list of awarding bodies,

is, for the purposes of this Act, an award included within the Framework.

(2) On the completion of the steps specified in subsection (3), there shall stand established under this Act a category of awarding bodies, exclusive of the Authority or a body or provider referred to in section 55B(2), and the category so established shall be known, and is in this Act referred to, as "listed awarding bodies".

(3) As soon as practicable after the operative date, the Authority shall prepare, maintain and publish a list which shall be known, and is in this Act referred to, as the "list of awarding bodies".

(4) There shall be included in the foregoing list the name of each awarding body (other than the Authority or a body or provider referred to in section 55B(2))—

(a) that makes an application to the Authority for the inclusion by the Authority of its name in the list with reference to one, or more than one award, proposed to be made by it, and

(b) the inclusion of whose name in the list, on foot of such an application, is acceded to by the Authority following a decision under subsection (5) by the Authority that the awarding body is an appropriate body, with reference to that award, to make such an award.

(5) Following receipt of the foregoing application and subject to subsections (6) and (7), the Authority shall make a decision as to whether the applicant awarding body is an appropriate body, with reference to the award concerned, to make such an award.

(6) For the purpose of its making a decision under subsection (5) and that purpose only, the Authority shall proceed on the assumption that an affirmative decision will be made under section 55D in relation to the award referred to in subsection (4)(b).

(7) For the purpose of its making a decision under subsection (5), the Authority shall have regard to the policies and criteria established under section 55E(1)(a).

(8) A reference in subsection (4) to the inclusion by the Authority of a name in the list of awarding bodies includes a reference to the Authority’s accepting a name for inclusion in that list (following a decision under subsection (5) that the body concerned is an appropriate body as there referred to) pending completion by it of the steps under subsection (3) which lead to that list’s preparation.

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

(10) The Authority shall establish procedures that are to be followed by it in making a decision under subsection (5).

(11) If the Authority decides to refuse an application made by an awarding body under subsection (4)(a), the awarding body may appeal against that decision to the Appeals Panel.

(12) The Authority shall publish procedures established under subsection (10) in such form and manner as it thinks appropriate (including on the internet).]