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Regulatory Conditions Section G

This table relates the Ofqual Conditions of Recognition (Section B) 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.

Links

 

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

G. Setting and delivering the assessment

Condition G1 Setting the assessment
G1.1 In setting an assessment for a qualification which it makes available, an awarding organisation must ensure that the content of the assessment is –
(a) fit for purpose,
(b) appropriate for the method of assessment chosen, and
(c) consistent with the specification for that qualification.
Setting 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

G1.2 An awarding organisation must take all reasonable steps to ensure that the Level of Demand of an assessment for a qualification which it makes available is consistent –
(a) across all options as to tasks which may be completed by a Learner for the purposes of the assessment,
(b) with the Level of Demand of any other assessment which may be completed
by a Learner, as an alternative to the assessment, for the purpose of the
qualification, and
(c) with the Level of Demand of previous assessments and of any specimen assessment materials which the awarding organisation has published in relation to the qualification.
Demand 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

G1.3 An awarding organisation must produce a written document in relation to an assessment which sets out clear and unambiguous criteria against which Learners’ levels of attainment will be differentiated. Document 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

Condition G2 Language of the assessment
G2.1 An awarding organisation must ensure that all Learners taking its qualifications are assessed in –
(a) English in England, and
(b) English or Irish in Northern Ireland,
(c)  Welsh and/or English in Wales
except to the extent that the use of another language is permitted by this condition.
Languages 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

G2.2 A Learner taking a qualification may be assessed in British Sign Language or Irish Sign Language where it is permitted by an awarding organisation for the purpose of Reasonable Adjustment. Languages 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

G2.3 A Learner taking a qualification may be assessed in any other language where it is one of the primary objectives of the qualification –
(a) for the Learner to gain knowledge of, skills in, and understanding of that
language, or
(b) to support a role in the workplace, providing that proficiency in English or Welsh or Irish is not required for the role supported by the qualification.
Languages 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

G2.4 Where an awarding organisation makes available a qualification in more than one language, the awarding organisation must take all reasonable steps to ensure that assessments in different languages ensure a consistent Level of Demand for Learners.
Languages 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

Condition G3 Use of language and Stimulus Materials
G3.1 An awarding organisation must ensure that assessments for qualifications which it makes available use only appropriate language and Stimulus Materials. Stimulus 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

G3.2 Language and Stimulus Materials are only appropriate if they –
(a) enable Learners to demonstrate their level of attainment,
(b) require knowledge, skills and understanding which are required for the qualification,
(c) are clear and unambiguous (unless ambiguity forms part of the assessment), and
(d) are not likely to cause unnecessary offence to Learners.
Stimulus 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

G3.3 In considering whether language and Stimulus Materials for an assessment are appropriate, an awarding organisation must take into account in particular –
(a) the age of Learners who may reasonably be expected to take the qualification,
(b) the level of the qualification,
(c) the objective of the qualification, and
(d) the knowledge, skills and understanding assessed for the qualification.
Stimulus 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

G3.4 An awarding organisation must take all reasonable steps to ensure that no assessment for a qualification which it makes available contains language or Stimulus Materials which could lead a group of Learners who share a common attribute or circumstance to experience – because of that attribute or circumstance – an unreasonable disadvantage in the level of attainment that they are able to demonstrate in the assessment.
Stimulus 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

Condition G4 Maintaining confidentiality of assessment materials, including the conduct of specified training events.
G4.1 Where confidentiality in –
(a) the contents of assessment materials, or
(b) information about the assessment,
is required in order to ensure that a qualification which an awarding organisation makes available, or proposes to make available, reflects an accurate measure of attainment, the awarding organisation must take all reasonable steps to ensure that such confidentiality is maintained.
Confidential 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

27/7/13 (IL)

(24/4/2014 IL)

(30/6/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

G4.2 In particular, an awarding organisation –

a. must take all reasonable steps to ensure that such confidentiality is maintained where it (or any person connected or previously connected to it) provides training or training materials in relation to such a qualification,
b. must not provide or endorse any prohibited training, and
c. must take all reasonable steps to ensure that any person connected or previously connected to it does not provide or endorse any prohibited training.
Confidential 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

27/7/13 (IL)

(24/4/2014 IL)

(30/6/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

G4.3 For the purposes of this Condition, ‘prohibited training’ is training:

a. provided to Teachers in relation to such a qualification

b. at which a number of persons are present (whether physically or remotely by means of simultaneous electronic communication),

c. where any one of those persons holds information in relation to the content of assessment materials or information about the assessment for that qualification, and
d. where disclosure of the information to Teachers would breach such confidentiality.
Confidential 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

27/7/13 (IL)

(24/4/2014 IL)

(30/6/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

G4.4 An awarding organisation must, in respect of any training it provides to Teachers in relation to such a qualification (and, in relation to any such training provided by any person connected to it, must take all reasonable steps to) –
a. ensure that the training is reasonably available to all Teachers preparing Learners, or persons likely to become Learners, for assessments for that qualification,
b. advertise to Teachers the availability of the training, including in particular by publishing details of the training, and
c. publish the content of any training materials which have been provided to Teachers in connection with the training, as soon as reasonably practicable after the training has been held.
Confidential 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

27/7/13 (IL)

(24/4/2014 IL)

(30/6/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

G4.5 An awarding organisation must take all reasonable steps to ensure that no person connected to it, or previously connected to it, offers to disclose information about any assessment or the content of any assessment materials where that information is (or is said or implied to be) confidential.
Confidential 4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

G4.6 Where any breach of such confidentiality (including through the loss or theft of confidential assessment materials) is either suspected by an awarding organisation or alleged by any other person and where there are reasonable grounds for that suspicion or allegation, the awarding organisation must:
a. investigate that breach,
b. ensure that such an investigation is carried out rigorously, effectively, and by persons of appropriate competence who have no personal interest in its outcome, and
c. so far as possible, establish whether or not a breach of such confidentiality has occurred.
Confidential 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

27/7/13 (IL)

(24/4/2014 IL)

(30/6/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

Condition G5 Registration of Learners
G5.1 An awarding organisation must take all reasonable steps to ensure that –
(a) each Learner taking a qualification which the awarding organisation makes available is registered in a way that permits the Learner to be clearly and uniquely identified, and
(b) where the identity of a Learner has not previously been confirmed to the awarding organisation, or the Centre at which the assessment will take place, arrangements are in place to confirm the Learner’s identity.
Registration 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

27/7/13 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

Condition G6 Arrangements for Reasonable Adjustments
G6.1 For the purposes of this condition, Reasonable Adjustments are adjustments made to an assessment for a qualification so as to enable a disabled Learner to demonstrate his or her knowledge, skills and understanding to the levels of attainment required by the specification for that qualification.
RAs 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

27/7/13 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

G6.2 An awarding organisation must, in accordance with Equalities Law, have in place clear arrangements for making Reasonable Adjustments in relation to qualifications which it makes available.
RAs 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

27/7/13 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

G6.3 An awarding organisation must publish details of its arrangements for making Reasonable Adjustments, which must include details as to –
(a) how a Learner qualifies for a Reasonable Adjustment, and
(b) what Reasonable Adjustment will be made.
RAs 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

27/7/13 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

Condition G7 Arrangements for Special Consideration
G7.1 For the purposes of this condition, Special Consideration is consideration to be given to a Learner who has temporarily experienced –
(a) an illness or injury, or
(b) some other event outside of the Learner’s control, which has had, or is reasonably likely to have had, a material effect on that Learner’s ability to take an assessment or demonstrate his or her level of attainment in an assessment.
SCs 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

27/7/13 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

G7.2 An awarding organisation must have in place clear arrangements for Special Consideration to be given to Learners in relation to qualifications which it makes available.
SCs 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

27/7/13 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

G7.3 An awarding organisation must publish details of its arrangements for giving Special Consideration, which must include details as to –
(a) how a Learner qualifies for Special Consideration, and
(b) what Special Consideration will be given.
SCs 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

27/7/13 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

Condition G8 Completion of the assessment under the required conditions
G8.1 An awarding organisation must take all reasonable steps to ensure that, in relation to qualifications which it makes available –
(a) evidence generated by a Learner in an assessment is generated by that Learner (or includes evidence generated by that Learner as a contribution to group work), and
(b) where an assessment is required to be completed under specified conditions, Learners complete the assessment under those conditions (other than where any Reasonable Adjustments or Special Consideration require alternative conditions).
Completion 3/102011 (IL)

12/03/2012 (SE)

​(15/04/2013 (IL)

27/7/13 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

Condition G9 Delivering the Assessment 
G9.1  An awarding organisation must ensure that every assessment for a qualification that it makes. available is delivered effectively and efficiently.
G9.2   An awarding organisation must ensure that, on delivery of every assessment for a qualification that it makes available, the assessment:
a) is fit for purpose.
b) permits Reasonable Adjustments to be made, while minimising the need for them.
c) allows each Learner to generate evidence which can be authenticated.
d) 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.
e) allows Assessors to be able to differentiate accurately and consistently between a range of attainments by Learners.
G9.3 An awarding organisation must ensure that, on delivery of every assessment for a qualification. that it makes available, the content of the assessment:
a) is fit for purpose.
b) is appropriate for the method of assessment chosen.
c) is consistent with the specification for that qualification.
Design rationale  4th May added by

27/7/13 (IL)

(24/4/2014 IL)

14/04/15 (SE)

4/9/16 (JK)

7/8/17 (JK)

16/1/18(JK)

07/08/18 (PT)

Go to H. From Marking to Issuing Results