C14

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.

F51[55F. (1) In this section "associated provider" means a provider, having a place of business in the State, that enters into an arrangement with a listed awarding body under which arrangement the provider provides a programme of education and training that satisfies all of the prerequisites for an award of the listed awarding body that is included within the Framework.

(2) A listed awarding body shall establish procedures for the quality assurance of its awards and for the external quality assurance of providers who, in relation to it, are associated providers.

(3) The Authority may give one, or more than one, direction to a listed awarding body requiring the body to impose on a provider, who, in relation to the listed awarding body, is an associated provider, obligations to which subsection (4) applies, and obligations, so imposed, shall be complied with by the provider accordingly.

(4) This subsection applies to obligations (which shall be specified in the direction concerned under subsection (3))—

(a) the imposition of which, in the opinion of the Authority, is necessary or expedient, and

(b) that are to apply to, or in respect of, the provider’s activities as an associated provider in relation to the awarding body.

(5) Without prejudice to the generality of subsection (4), the obligations to which that subsection applies include obligations with respect to the employment of—

(a) procedures for access, transfer and progression of learners,

(b) procedures for quality assurance, and

(c) procedures, which are fair and consistent, for the assessment of enrolled learners to ensure the standards of knowledge, skill or competence determined by the awarding body concerned (before awards that are included within the Framework are made by that body) are acquired and, where appropriate, demonstrated, by enrolled learners.

(6) For the purposes of the compliance by an associated provider with the obligation referred to in paragraph (a) of subsection (5) to employ the procedures referred to in that paragraph, the associated provider shall have regard to the policies and criteria established by the Authority under subsection (1) of section 56 if that subsection would otherwise not apply.

(7) A listed awarding body shall—

(a) co-operate with the Authority in the performance of the Authority’s functions in so far as those functions relate to the inclusion of awards within the Framework,

(b) monitor compliance by an associated provider, on whom it has imposed obligations pursuant to a direction under subsection (3), with those obligations,

(c) review from time to time, and not less than once every 5 years, or at any time upon the request of the Authority, compliance by such an associated provider with the foregoing obligations,

(d) if such an associated provider has failed in a material respect to comply with any of the foregoing obligations, discontinue (after having afforded the provider a reasonable opportunity to make representations in writing that the grounds for such discontinuance do not exist in the particular case) any arrangement that exists between it and the associated provider under which arrangement the provider provides a programme referred to in subsection (1),

(e) provide to the Authority such information as the Authority may from time to time require for purposes of the performance of its functions in relation to awards included within the Framework, and

(f) comply with any condition that the Authority imposes, by notice in writing given to the body, on the awarding body concerned, being a condition the imposition of which the Authority considers to be necessary or expedient so as to maintain the integrity and standing of the Framework.

(8) Without prejudice to the generality of paragraph (e) of subsection (7), the information that the Authority may require to be provided under that paragraph includes—

(a) particulars of providers who, in relation to the listed awarding body concerned, are associated providers,

(b) particulars of programmes of education and training validated by the Authority or otherwise included within the Framework that lead to awards of the listed awarding body concerned that are included within the Framework,

(c) any report prepared by the listed awarding body concerned on foot of a review carried out by it with respect to the provision of programmes of education and training that lead to awards of the body that are included within the Framework, and

(d) numbers of awards made by the listed awarding body concerned that are included within the Framework.

(9) An awarding body that is not a listed awarding body but which claims or represents that it is such an awarding body commits an offence.]