Commentary on Sections Part 6: Further Provision Relevant to Recognition, Approval and Designation Section 36: Restriction on application of conditions imposed by Qualifications Wales
81.Under section 36, conditions of recognition imposed by Qualifications Wales on a recognised body apply in relation to the body’s award of qualifications in Wales, in respect of which it is recognised. This covers all qualifications within its recognition, and not just any which are approved under Part 4 or designated under section 29. Recognised bodies may also be regulated through conditions of recognition imposed by Ofqual (under the Apprenticeships, Skills, Children and Learning Act 2009) in respect of qualifications awarded in Wales, other than those forms awarded as approved. This is because section 35 only prevents Ofqual’s conditions of recognition from applying in respect of forms of qualifications awarded in Wales as approved.
82.Conditions of recognition imposed by Qualifications Wales will not apply in relation to the award of a form of a qualification outside of Wales.