Commentary on Sections Part 8: the Qualifications and Curriculum Development Agency Chapter 2: Functions in relation to qualifications Section 178: Qualifications within the QCDA’s remit
516.This section defines which qualifications fall within the QCDA’s remit. This remit is broadly similar to that of Ofqual. It covers all qualifications awarded or authenticated in England other than those which are both (a) at foundation degree level or equivalent or first degree level or above, and (b) awarded or authenticated by a higher education institution. As with Ofqual, the QCDA’s remit is no longer restricted to qualifications awarded by an external body (so, for example, a qualification awarded by an employer following completion of its own training would fall within the QCDA’s remit).
517.The Secretary of State is given the power by order to exclude qualifications from the QCDA’s remit. The order-making power is subject to the negative procedure. This provision is designed to allow for any future narrowing of the QCDA’s qualifications role. The intention is that this power could be used in particular to remove the QCDA’s functions in relation to post-19 qualifications, if the Department for Business, Innovation and Skills were (following the review that it currently has under way) to conclude that it did not wish the QCDA to have advice and review functions with respect to these qualifications. Any such decision would not affect Ofqual's role in regulating these qualifications.