Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019

Amendment of section 43 of Principal Act (Framework of qualifications)

14. Section 43 of the Principal Act is amended—

(a) in subsection (2), by the substitution of the following paragraphs for paragraphs (a) and (b):

“(a) review and further develop the policies and criteria on which the Framework is based,

(b) promote, maintain, further develop and implement the Framework as a system—

(i) of levels and types of awards based on standards of knowledge, skill or competence to be acquired by a learner to entitle the learner to an award at a particular level, and of the type concerned, within the Framework, and

(ii) for the development, recognition and award of qualifications in the State,”,

(b) by the insertion of the following subsection after subsection (2):

“(2A) Sections 55A to 55I make provision for the process by which an award acquires the status of being an award that is included within the Framework.”,

(c) by the substitution of the following subsections for subsections (3) to (5):

“(3) Each designated awarding body and listed awarding body, shall, in respect of each award that the body makes that is an award included within the Framework:

(a) take such steps (whether by way of co-operation or consultation with the Authority or otherwise) as will facilitate the performance by the Authority of its functions in so far as those functions relate to awards included within the Framework (referred to in paragraph (b) as ‘relevant functions’);

(b) provide to the Authority such information as the Authority may from time to time require for the performance by it of relevant functions.

(4) Each designated awarding body shall ensure, in so far as is reasonably practicable, that each award that it makes is an award that is included within the Framework.

(5) Each—

(a) designated awarding body,

(b) provider to whom the Authority has delegated authority to make awards, and

(c) body that makes an award under the Education Act 1998 that stands specified by the Minister to be an award that falls within this paragraph,

shall cooperate with the Authority in the implementation of policies and criteria established under section 55E(1)(b).

(6) Each designated awarding body and each listed awarding body shall, in respect of each award the body makes that is an award included within the Framework, ensure that a learner acquires the standard of knowledge, skill or competence associated with the level of that award within the Framework before and when the award is made.

(7) Subsection (8) applies to each provider of a programme of education and training, being a programme that leads to an award that is an award included within the Framework.

(8) In respect of each such programme, its provider shall ensure that an enrolled learner acquires the standard of knowledge, skill or competence associated with the level of the award concerned within the Framework before the award is made.”.