C12

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.

F49[55D. (1) On an application in that behalf by the awarding body that intends to make the particular award, whether—

(a) a listed awarding body,

(b) save where the award concerned of such a body is a section 55B(3) award, a designated awarding body, or

(c) a body or provider referred to in section 55B(2)(c) or (d),

the Authority shall make a decision as to whether it is appropriate that the award be regarded as one that is included within the Framework.

(2) Save where, in the case of a particular class of award, the making of a decision as to its status (by reference to the Framework) is, in the opinion of the Authority, unnecessary, the Authority shall make a decision as to whether it is appropriate that an award of the Authority be regarded as one that is included within the Framework.

(3) In making a decision under this section, the Authority shall have regard to the policies and criteria established under section 55E(1)(b).

(4) An application under subsection (1) shall be accompanied by such fee (if any) as may be determined by the Authority under section 80.

(5) If the Authority decides to refuse an application made by an awarding body under subsection (1), the awarding body may appeal against that decision to the Appeals Panel.

(6) If the Authority makes an affirmative decision under this section with respect to an award of a listed awarding body or a body or provider referred to in section 55B(2)(b), (c) or (d), the awarding body concerned shall pay to the Authority—

(a) within one month of the date of the decision, in consideration of the benefit that is conferred by reason of that decision, such fee (if any) as may be determined by the Authority under section 80, and which benefit is referred to in that section as the "benefit of a decision under section 55D", and

(b) within one month of each anniversary of the date of the decision, in consideration of the benefit that continues to be conferred by reason of that decision, such fee (if any) as may be determined by the Authority under section 80, and which benefit is referred to in that section as the "continuing benefit of a decision under section 55D",

but paragraph (b) does not apply if, on or before the anniversary referred to in that paragraph or during the month following it, the award concerned has ceased, by virtue of section 55I(1), to be regarded for the purposes of this Act as an award that is included within the Framework.

(7) If default is made by an awarding body in complying with subsection (6), then unless the Authority determines that the period for the payment of the fee concerned ought to be extended (and extends the period accordingly and the fee is paid to it within that extended period), the award of the awarding body shall, from such date as the Authority specifies, not be regarded, for the purposes of this Act, as an award that is included within the Framework.

(8) Where, under subsection (7), an award ceases to be regarded, for the purposes of this Act, as an award that is included within the Framework, subsection (2) of section 55I shall apply as it applies in the case of subsection (1) of that section but with the substitution of references to the making of default in compliance (by the awarding body) with subsection (6) of this section for references to the deletion of the awarding body’s name from the list of awarding bodies.]