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Regulatory Conditions Section E

This table relates the Ofqual Conditions of Recognition (Section E) to the Policy and Procedures of The Learning Machine Ltd, and records the review dates when the conditions were last checked for compliance. The procedure is for each condition to be independently checked by two Directors.

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Part 1 The awarding organisation

Go to A. Governance

Go to B. The awarding organisation and Ofqual

Go to C. Third parties

Part 2 The regulated  qualification

Go to D. General requirements for regulated qualifications

Go to E. Design and development of qualifications

Go to F. Providing qualifications to purchasers

Go to G. Setting and delivering  the assessment

Go to H. From marking to issuing results

Go to I. Appeals and certificates

Go to J. Interpretation and definitions

Conditions

Reference to TLM Policy and Procedures Date reviewed

E. Design and development of qualifications

Condition E1 Qualifications having an objective and support
E1.1 An awarding organisation must ensure that each qualification which it makes available or proposes to make available –
(a) has a clear objective in accordance with this condition, and
(b) meets that objective.
Objective October 7th 2011 (IL)

12/03/2012 (SE)

15/04/2013 (IL)

07/05/2014 (IL)

14/04/15 (SE)

3/9/16 (JK)

5/9/17(JK)

16/1/18 (JK)

07/08/18 (PT)

E1.2 The objective of a qualification must be such as to lead to a benefit for Learners who have reached a specified level of attainment, and may include –
(a) preparing Learners to progress to a qualification in the same subject area but at a higher level or requiring more specific knowledge, skills and understanding,
(b) preparing Learners to progress to a qualification in another subject area,
(c) meeting relevant programmes of learning,
(d) preparing Learners for employment,
(e) supporting a role in the workplace, or
(f) giving Learners personal growth and engagement in learning.
Objective October 7th 2011 (IL)

12/03/2012 (SE)

15/04/2013 (IL)

07/05/2014 (IL)

14/04/15 (SE)

3/9/16 (JK)

5/9/17(JK)

16/1/18 (JK)

07/08/18 (PT)

E1.3 Where an awarding organisation proposes to make available any new qualification, it –
(a) must first consult Users of qualifications to ascertain whether there is support for the qualification, and
(b) may only make available the qualification where it has evidence of sufficient support from Users of qualifications.
Objective October 7th 2011 (IL)

12/03/2012 (SE)

15/04/2013 (IL)

07/05/2014 (IL)

14/04/15 (SE)

3/9/16 (JK)

5/9/17(JK)

16/1/18 (JK)

07/08/18 (PT)

E1.4 For these purposes, the following considerations will in particular be relevant in determining what constitutes sufficient support –
(a) the objective of the new qualification,
(b) whether the new qualification is intended to facilitate a particular route of progression for Learners, and
(c) the number of Learners that the awarding organisation reasonably estimates is likely to take the new qualification.
Objective October 7th 2011 (IL)

12/03/2012 (SE)

15/04/2013 (IL)

07/05/2014 (IL)

14/04/15 (SE)

3/9/16 (JK)

5/9/17(JK)

16/1/18 (JK)

07/08/18 (PT)

E1.5 For the purposes of this condition, Users of qualifications will be deemed to support a new qualification if the prevailing view of those Users of qualifications is that the qualification would provide a benefit to Learners.
Objective October 7th 2011 (IL)

12/03/2012 (SE)

15/04/2013 (IL)

07/05/2014 (IL)

14/04/15 (SE)

3/9/16 (JK)

5/9/17(JK)

16/1/18 (JK)

07/08/18 (PT)

Condition E2 Requirements on qualification titling
E2.1 An awarding organisation must ensure that the title on the Register of any qualification which it makes available includes the following information –
(a) the name of the awarding organisation,
(b) the level of the qualification,
(c) the type of qualification (where the qualification has a type),
(d) a concise indication of the content of the qualification, and
(e) any Endorsement known at the time the qualification is submitted to the Register.
Title October 7th 2011 (IL)

12/03/2012 (SE)

15/04/2013 (IL)

07/05/2014 (IL)

14/04/15 (SE)

3/9/16 (JK)

5/9/17(JK)

16/1/18 (JK)

07/08/18 (PT)

E2.2 An awarding organisation must, in addition –
(a) ensure that the title on the Register reflects the knowledge, skills and understanding which will be assessed as part of the qualification, and
(b) take all reasonable steps to ensure that the title allows Users of qualifications to identify similar units or qualifications which it makes available or are made available by other awarding organisations.
Title October 7th 2011 (IL)

12/03/2012 (SE)

15/04/2013 (IL)

07/05/2014 (IL)

14/04/15 (SE)

3/9/16 (JK)

5/9/17(JK)

16/1/18 (JK)

07/08/18 (PT)

E2.3 An awarding organisation must ensure that each qualification which it makes available, or proposes to make available, has a title which it uses consistently in its advertising and in its communications with Users of qualifications. Title October 7th 2011 (IL)

12/03/2012 (SE)

15/04/2013 (IL)

07/05/2014 (IL)

14/04/15 (SE)

3/9/16 (JK)

5/9/17(JK)

16/1/18 (JK)

07/08/18 (PT)

E2.4 An awarding organisation must ensure that the titles of qualifications which it makes available, or proposes to make available, are not misleading to Users of qualifications.
Title October 7th 2011 (IL)

12/03/2012 (SE)

15/04/2013 (IL)

07/05/2014 (IL)

14/04/15 (SE)

3/9/16 (JK)

5/9/17(JK)

16/1/18 (JK)

07/08/18 (PT)

E2.5 An awarding organisation must ensure that it amends the title on the Register for a qualification which it makes available when it makes any revision to a level assigned to that qualification. Title 5/9/17(JK)

16/1/18 (JK)

07/08/18 (PT)

Condition E3 Publication of a qualification specification
E3.1 An awarding organisation must, before first making available a particular qualification, publish a specification for that qualification. Specification October 7th 2011 (IL)

12/03/2012 (SE)

15/04/2013 (IL)

07/05/2014 (IL)

14/04/15 (SE)

3/9/16 (JK)

5/9/17(JK)

16/1/18 (JK)

07/08/18 (PT)

E3.2 An awarding organisation must ensure that the specification for a qualification
sets out –
(a) the qualification’s objective,
(b) any other qualification which a Learner must have completed before taking the qualification,
(c) any prior knowledge, skills or understanding which the Learner is required to have before taking the qualification,
(d) units which a Learner must have completed before the qualification will be awarded and any optional routes,
(e) any other requirements which a Learner must have satisfied before the Learner will be assessed or before the qualification will be awarded,
(f) the knowledge, skills and understanding which will be assessed as part of the qualification (giving a clear indication of their coverage and depth),
(g) the method of any assessment and any associated requirements relating to it,
(h) the criteria against which Learners’ levels of attainment will be measured (such as assessment criteria or exemplars),
(i) any specimen assessment materials, and
(j) any specified levels of attainment.
(k) where the awarding organisation is required to make such an assignment under General Condition E7 (Total Qualification Time), the number of hours which it has assigned to that qualification for each of Total Qualification Time and Guided Learning,
(l) any value for credit which it has assigned to that qualification and any Component of that qualification, and
(m) the level or levels which it has assigned to that qualification and any Component of that qualification
Specification October 7th 2011 (IL)

12/03/2012 (SE)

15/04/2013 (IL)

07/05/2014 (IL)

14/04/15 (SE)

3/9/16 (JK)

5/9/17(JK)

16/1/18 (JK)

07/08/18 (PT)

E3.3 An awarding organisation must ensure that the specification for a qualification is clear, accurate and communicates, to the reasonable and informed person –
(a) what the qualification requires of the Learner in respect of each of the details that is applicable to the qualification, and
(b) how the qualification is fit for purpose.
Specification October 7th 2011 (IL)

12/03/2012 (SE)

15/04/2013 (IL)

07/05/2014 (IL)

14/04/15 (SE)

3/9/16 (JK)

5/9/17(JK)

16/1/18 (JK)

07/08/18 (PT)

E3.4 An awarding organisation must promptly amend the specification for a qualification following any revision by it of –

(a) the number of hours which it has assigned for Total Qualification Time or Guided Learning,

(b) the level or levels which it has assigned to that qualification or any Component of that Qualification, or

(c) any value for credit which it has assigned to that qualification or any Component of that qualification.

Design 5/9/17(JK)

16/1/18 (JK)

07/08/18 (PT)

E3.5 Where an awarding organisation has amended the specification for a qualification it must publish that specification as amended. Design 5/9/17(JK)

07/08/18 (PT)

E3.6 Conditions E3.2(l), E3.2(m), E3.4 and E3.5 shall not apply to an awarding organisation until such date as is specified in, or determined under, any notice in writing issued by Ofqual/Qualifications Wales to the awarding organisation under this paragraph. 16/1/18 (JK)

07/08/18 (PT)

E3.7 Any such notice issued by Ofqual/Qualifications Wales may be –

(a) subject to any conditions that Ofqual/Qualifications Wales specifies (which may include conditions placing requirements on an awarding organisation as to its conduct prior to the date specified in or determined under it),

(b) issued to an individual awarding organisation or to any group of awarding organisations,

(c) issued in respect of one or more qualifications or descriptions of qualifications,

(d) varied by Ofqual/Qualifications Wales at any time prior to the date specified in or determined under it.

16/1/18 (JK)

07/08/18 (PT)

E3.8 Where Ofqual/Qualifications Wales makes such a notice subject to conditions, an awarding organisation to which the notice is issued must comply with any requirements that are imposed on it in accordance with those conditions. 16/1/18 (JK)

07/08/18 (PT)

Condition E4 Ensuring an assessment is fit for purpose and can be delivered
E4.1 In designing an assessment for a qualification which it makes available, or proposes to make available, an awarding organisation must ensure that it has or obtains adequate resources to enable the assessment to be delivered effectively and efficiently.
Assessment October 7th 2011 (IL)

12/03/2012 (SE)

15/04/2013 (IL)

07/05/2014 (IL)

14/04/15 (SE)

3/9/16 (JK)

5/9/17(JK)

16/1/18 (JK)

07/08/18 (PT)

E4.2 In designing such an assessment, an awarding organisation must in addition ensure that the assessment –
(a) is fit for purpose,
(b) can be delivered efficiently,
(c) allows Centres to develop cost effective arrangements for its delivery, using only the resources which would be reasonably expected to be required or which are provided by the awarding organisation,
(d) permits Reasonable Adjustments to be made, while minimising the need for them,
(e) allows each Learner to generate evidence which can be Authenticated,
(f) allows each specified level of attainment detailed in the specification to be reached by a Learner who has attained the required level of knowledge, skills and understanding, and
(g) allows Assessors to be able to differentiate accurately and consistently between a range of attainments by Learners.
Assessment October 7th 2011 (IL)

12/03/2012 (SE)

15/04/2013 (IL)

07/05/2014 (IL)

14/04/15 (SE)

3/9/16 (JK)

5/9/17(JK)

16/1/18 (JK)

07/08/18 (PT)

Condition E5 Assurance that qualifications comply with the conditions
E5.1 Before submitting a qualification to the Register or for accreditation, an awarding organisation must –
(a) review that qualification, and
(b) assure itself that the qualification complies with the requirements of its Conditions of Recognition, making any changes to the qualification which are necessary for that purpose.
Conditions October 7th 2011 (IL)

12/03/2012 (SE)

15/04/2013 (IL)

07/05/2014 (IL)

14/04/15 (SE)

3/9/16 (JK)

5/9/17(JK)

16/1/18(JK)

07/08/18 (PT)

Condition E6 Submitting qualifications to the Register
E.61 An awarding organisation must not make available a qualification unless it has first submitted that qualification to the Register. Design 5/9/17(JK)

16/1/18(JK)

07/08/18 (PT)

E6.2 An awarding organisation must ensure that its submission of a qualification  to the

Register (OFQUAL)

qualifications database:(Qualifications /Wales)

(a) is in a form that may be published by Ofqual/Qualifications Wales and revised from time to time,

(b) contains only accurate information, and

(c) contains all information about the qualification that is requested on the form.

Design 5/9/17(JK)

16/1/18(JK)

07/08/18 (PT)

Condition E7 Total Qualification Time
E7.1 In respect of each qualification which it makes available or proposes to make available, an awarding organisation must assign to that qualification a number of hours for –

(a) Total Qualification Time, and

(b) Guided Learning.

Design 5/9/17(JK)

16/1/18(JK)

07/08/18 (PT)

E7.2 An awarding organisation must ensure that the number of hours it assigns to a qualification for Total Qualification Time includes the number of hours which it has assigned to that qualification for Guided Learning. Design 5/9/17(JK)

16/1/18(JK)

07/08/18 (PT)

E7.3 An awarding organisation must, in assigning to a qualification a number of hours for each of Total Qualification Time and Guided Learning, apply the TQT Criteria Design 5/9/17(JK)

16/1/18(JK)

07/08/18 (PT)

E7.4 An awarding organisation must –

(a) keep under review the number of hours it has assigned to each qualification for each of Total Qualification Time and Guided Learning,

(b) in particular, review that number of hours assigned following any revision by Ofqual/Qualifications Wales to the TQT Criteria, and

(c) revise that number of hours if appropriate.

Design 5/9/17(JK)

16/1/18(JK)

07/08/18 (PT)

E7.5 Following any review by Ofqual/Qualifications Wales of the number of hours assigned to a qualification in respect of Total Qualification Time or Guided Learning, an awarding organisation must revise that number in any manner required by Ofqual/Qualifications Wales. Design 5/9/17(JK)

16/1/18(JK)

07/08/18 (PT)

E7.6 Conditions E7.1 to E7.5 shall not apply to an awarding organisation until such date as is specified in, or determined under, any notice in writing issued by Ofqual/Qualifications Wales to the awarding organisation under this paragraph. Design 5/9/17(JK)

16/1/18(JK)

07/08/18 (PT)

E7.7 Any such notice issued by Ofqual/Qualifications Wales may be –

(a) subject to any conditions that Ofqual / Qualifications Walesspecifies (which may include conditions placing requirements on an awarding organisation as to its conduct prior to the date specified in or determined under it),

(b) issued to an individual awarding organisation or to any group of awarding organisations,

(c) issued in respect of one or more qualifications or descriptions of qualifications,

(d) varied by Ofqual/ Qualifications Wales at any time prior to the date specified in or determined under it.

Design 5/9/17(JK)

16/1/18(JK)

07/08/18 (PT)

E7.8 Where Ofqual/ Qualifications Wales makes such a notice subject to conditions, an awarding organisation to which the notice is issued must comply with any requirements that are imposed on it in accordance with those conditions. Design 5/9/17(JK)

16/1/18(JK)

07/08/18 (PT)

E7.9 For the purposes of this Condition references to a ‘qualification’ are references to the qualification as a whole and not to individual units. Design 16/1/18(JK)

07/08/18 (PT)

Condition E8 Credit
E8.1 An awarding organisation may assign a value for credit to a qualification, or a Component of a qualification, which it makes available or proposes to make available. Design 16/1/18(JK)

07/08/18 (PT)

E8.2 Where an awarding organisation assigns a value for credit to a qualification, that value must be equal to one tenth of the Total Qualification Time assigned to that qualification, rounded to the nearest whole number Design 16/1/18(JK)

07/08/18 (PT)

E8.3 Where an awarding organisation makes any revision to the number of hours which it has assigned to a qualification in respect of any element of Total Qualification Time, it must –

(a) review each value for credit which it has assigned to that qualification and any Component of that qualification, and

(b) revise that value if appropriate.

Design 16/1/18(JK)

07/08/18 (PT)

Condition E9 Qualification and Component levels
E9.1 An awarding organisation must assign one or more levels to each qualification which it makes available or proposes to make available. Design 16/1/18(JK)

07/08/18 (PT)

E9.2 Where an awarding organisation assigns a value for credit to a Component of a qualification which it makes available or proposes to make available, it must assign a level to that Component. Design 16/1/18(JK)

07/08/18 (PT)

E9.3 An awarding organisation must adhere to any requirements, and have regard to any guidance, which may be published by Ofqual/Qualifications Wales and revised from time to time in assigning –

(a) a level to a qualification,

(b) more than one level to a qualification, and

(c) a level to a Component of a qualification.

Design 16/1/18(JK)

07/08/18 (PT)

E9.4 An awarding organisation must –

(a) keep under review each level which it has assigned to a qualification or a Component of a qualification,

(b) in particular, review that level following any revision by Ofqual of any requirements published under this Condition, and

(c) revise that level if appropriate.

Design 16/1/18(JK)

07/08/18 (PT)

E9.5 Following any review by Ofqual/Qualifications Wales of a level assigned to a qualification or a Component of a qualification an awarding organisation must revise that level in any manner specified by Ofqual/Qualifications Wales. Design 16/1/18(JK)

07/08/18 (PT)

E9.6 An awarding organisation must give to Ofqual/Qualifications Wales reasonable notice of its anticipated revision of a level assigned to a qualification, and must do so prior to the time at which it provides that information to any Users of the qualification. Design 16/1/18(JK)

07/08/18 (PT)

E9.7 Where an awarding organisation intends to revise, or is obliged to revise, a level assigned to a qualification, it must either –

(a) withdraw that qualification, or

(b) follow the process outlined in conditions E9.8 and E9.9,  and must give to Ofqual /Qualifications Wales reasonable notice of which of these two courses it intends to follow.

Design 16/1/18(JK)

07/08/18 (PT)

E9.8 Where an awarding organisation intends to revise, or is obliged to revise, a level assigned to a qualification, and does not intend to withdraw that qualification, it must –

(a) take all reasonable steps to protect the interests of Learners in relation to that qualification,

(b) promptly prepare, maintain, and comply with a written revision plan, which must specify how the interests of Learners in relation to that qualification will be protected, and

(c) provide clear and accurate information about the revision to Users of the qualification who are likely to be affected by the revision.

Design 16/1/18(JK)

07/08/18 (PT)

E9.9 An awarding organisation must ensure that any revision plan which it prepares complies with any requirements which Ofqual /Qualifications Wales has communicated to it in writing. Design 16/1/18(JK)

07/08/18 (PT)

Condition E10 Recognition of Prior Learning
E10.1 Where an awarding organisation has in place a policy for the recognition of prior learning it must –

(a) ensure that the policy which it has in place enables the awarding organisation to award qualifications in accordance with its Conditions of Recognition,

(b) publish that policy, and

(c) comply with that policy.

Assessment 16/1/18(JK)
E10.2 For the purposes of this Condition, ‘recognition of prior learning’ is the –

(a) identification by an awarding organisation of any learning undertaken, and/or attainment, by a Learner –

(i) prior to that Learner taking a qualification which the awarding organisation makes available or proposes to make available, and

(ii) which is relevant to the knowledge, skills and understanding which will be assessed as part of that qualification, and

(b) recognition by an awarding organisation of that learning and/or attainment through amendment to the requirements which a Learner must have satisfied before the Learner will be assessed or that qualification will be awarded.

Assessment 16/1/18(JK)
Go to F. Providing Qualifications to Purchasers