Commentary on Sections Part 3: Recognition of Awarding Bodies
16.Awarding bodies may apply for general recognition by Qualification Wales, and be regulated by Qualifications Wales (through conditions of recognition) in respect of qualifications for which they are recognised and which are awarded in Wales. Section 57 defines “awarding body” as “a person who awards, or proposes to award, a qualification”. There is no requirement that an awarding body be recognised in order to award qualifications in Wales. An awarding body must however be recognised in order to apply for the approval or designation of a form of qualification it awards. Generally speaking, it is only such qualifications that can be provided on certain publicly funded courses. In addition, by selecting qualifications from an awarding body that is recognised, learning providers, and through them learners, will be provided with the additional levels of protection that the oversight of a regulatory body provides.
17.The Act refers to two types of recognition: general and specific. General recognition covers all qualifications except those for which Qualifications Wales has developed specific recognition criteria. However, provision is also made later in this Part at section 8 to enable awarding bodies to exclude certain qualifications from their application for general recognition, with the effect that Qualifications Wales would not apply the conditions of recognition to the excluded qualification and so would not regulate the excluded qualification. Awarding bodies may subsequently apply to Qualifications Wales if they wish the excluded qualification to become regulated by Qualifications Wales in future.
18.In exercising its functions under this Part Qualifications Wales must have regard to the principles set out in section 54(2) (performance of regulatory activities). See also section 47 as to the requirement to prepare a statement of its policy in relation to its functions under this Part.