Consultation: Regulatory Outcomes and Mapping of Conditions
This consultation seeks views on Qualifications Wales’ Regulatory Outcomes and
Mapping of Conditions.
The consultation is likely to be of interest to awarding bodies, centres, and other
stakeholders in the education and qualification sector in Wales.
Date of Issue: 26 April 2017
Action Required: Responses by 5 July 2017
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Preamble
In February 2016 we launched a project to consider whether change to our
regulatory framework and approach was needed. The findings of the first phase of
the project identified a number of drivers for change to better support our regulatory
role.
Following feedback from awarding bodies and commissioned external research we
have decided to publish regulatory outcomes (“outcomes”). The outcomes will be a
public statement of what we want to achieve as a regulator. We also intend to
actively use the outcomes to guide and support our approach to regulation.
Introducing these outcomes will not lead directly to any changes in our regulatory
requirements. Awarding Bodies will still be regulated using the various powers set
out in our legislation, such as the Standard Conditions of Recognition (“Conditions”).
After introducing the regulatory outcomes, we plan to conduct a review of our
Conditions for their clarity, prescriptiveness and effectiveness. We envisage using
the regulatory outcomes to guide our review. We will invite stakeholders to contribute
as part of that process. We have discussed our intention to review the Conditions
with the other qualifications regulators and will continue to share our plans with them
as they develop.
This consultation seeks your views on what the outcomes should be, and how the
Conditions should be “mapped” to those outcomes.
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Approach
The work of Qualifications Wales centres around two principal aims:
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To ensure that qualifications, and the Welsh qualification system, are effective
for meeting the reasonable needs of learners in Wales, and
To promote public confidence in qualifications and the Welsh qualification
system
In pursuing these aims, we must also have regard to eight specific matters listed in
the Qualifications Wales Act 20151 (the Act). We have provided a copy of these
matters in the annex to this consultation.
With our principal aims in mind, we have decided to adopt regulatory outcomes to
frame our regulatory requirements. In this consultation, we propose a set of
outcomes and how the existing Conditions could be mapped to those outcomes. We
propose to publish the final version of the regulatory outcomes in autumn 2017.
Our intention, in introducing these outcomes, is to:

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
provide publicly transparent outcome statements and thereby promote public
confidence;
communicate what we intend to achieve as a regulator
ensure our regulatory activities focus on end outcomes for learners and the
qualification system in Wales;
frame the Conditions to show how they contribute to achieving our regulatory
outcomes.
We have drafted the outcomes as a representation of the shared goals of
Qualifications Wales and Awarding Bodies.
Qualifications Wales must have regard to the following principles when carrying out
our regulatory activities and functions:

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Proportionality
Accountability
Consistency
Transparency
Targeting
We are conducting this consultation to help ensure that the regulatory outcomes will
meet these principles, align with our Principal Aims, achieve the intentions outlined
above, and thereby contribute to improving the quality of our regulatory actions.
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http://www.legislation.gov.uk/anaw/2015/5/pdfs/anaw_20150005_en.pdf
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Once we have finalised and introduced our regulatory outcomes, we will continue to
regulate against the Conditions as outlined in the Act. The outcomes themselves will
not have any regulatory force.
At this stage, we are not proposing to measure the extent to which the outcomes are
being achieved. In the future, possibly as part of our planned review of the
Conditions, we may decide to investigate whether to develop collective indicators for
the regulatory outcomes.
Proposal
We have decided to adopt regulatory outcomes. We are seeking your views on the
proposed wording of the outcomes, and on our proposed mapping of the Conditions
to those outcomes.
Proposed regulatory outcomes
The proposed regulatory outcomes are:
1. Regulated qualifications taken in Wales are trusted and valued by learners,
employers and education providers and are recognised throughout the UK
and internationally;
2. Regulated qualifications and the qualifications system are responsive to
changing needs and circumstances, particularly in regard to the matters
prescribed in the Qualifications Wales Act;
3. Regulated qualifications in Wales are inclusive and promote equity of
opportunity for learners;
4. Assessments for regulated qualifications taken by learners in Wales are valid
and reliable;
5. Regulated qualifications are consistently awarded to an appropriate standard;
6. Qualifications Wales and Awarding Bodies have appropriate governance in
place to ensure accountability and regulatory compliance;
7. The information reasonably required to deliver consistent and quality assured
regulated qualifications is available and accessible;
8. Regulation is proportionate, transparent, consistent and targeted, to support a
long-term sustainable qualifications system.
Mapping of Conditions to regulatory outcomes
We have mapped the Conditions to each proposed outcome to illustrate their
relationship to each other.
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We currently see outcome 1 as overarching, with all other regulatory outcomes
relating to it. Therefore, we have not mapped any Conditions to this outcome. Our
proposed mapping can be seen in Annex 1 of this consultation document, and we
would welcome your views on these.
It should be noted that Conditions can be mapped to more than one outcome. In
order to avoid duplication, we have mapped each Condition to what we consider to
be the most relevant outcome. We have provided an example of how we have done
this (see below).
We intend to publish this mapping as an annex to the Conditions. The order and
numbering of the Conditions will not change as a result of this.
Example
Condition A1 is currently mapped to outcome 6 which primarily deals with matters of
governance. However, it is acknowledged that aspects of this Condition could also
be mapped to outcomes 2, 3, 4 and 5 which deal with responsiveness, validity,
reliability and inclusivity of qualifications.
For example, any breaches of Equalities Law by an Awarding Body, particularly in
relation to the design or delivery of assessments, would engage outcome 3 and its
references to inclusivity. Furthermore, an act or omission which has, or is likely to
have an adverse effect may undermine the integrity of an assessment (see outcome
4).
However, as these areas would be addressed through the implementation of
relevant processes and effective governance, we consider Condition A1 to be most
relevant to outcome 6.
Proposed review of the Conditions
We will review the Conditions starting in the autumn of 2017. Through this
consultation we are inviting feedback on any Conditions or groups of Conditions that
are of particular interest to you, or that you consider we should look at first. Your
responses to this question will help to inform our planning of the review.
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Further Information
How to respond
Please respond to this consultation using the online form.
This makes it easier for us to collate and analyse the
responses we receive.
Alternatively, you can email your response to the address
below
You can access the online form and PDF version of the
consultation on our website at www.qualificationswales.org
Closing date:
You must submit your response by 18:00 on 5 July 2017 at
the latest.
Next Steps
The responses received will inform the final version of each
of the regulatory outcomes and our subsequent review of
Conditions. We will publish a report summarising the
consultation responses on our website shortly after the
consultation period has ended.
Contact details
For further information, email:
[email protected]
Data protection
How we will use the views and information you provide
Any response you send us will be seen in full by
Qualifications Wales staff working on this consultation and
the topic it is referring to. It may also be seen by other
Qualifications Wales staff to help them to plan future
consultations.
We will publish a summary of the responses to this
document. We may also publish responses in full. We
normally publish with the response the name and address
(or part of the address) of the person or organisation who
sent the response. This helps to show that the consultation
was carried out properly. There is a tick box at the end of
the response form which you can tick to indicate that you do
not want your name published. We will then blank out your
information if we publish your response.
Names or addresses we blank out might still get published
later, though we do not think this would happen very often.
The Freedom of Information Act 2000 and the
Environmental Information Regulations 2004 allow the
public to ask to see the information held by many public
bodies, including Qualifications Wales. This includes
information that has not been published. However, the law
also allows us to withhold information in some
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circumstances. If anyone asks to see information we have
withheld, we will have to decide whether to release it or not.
If someone has asked for their name and address not to be
published, this is an important factor we will take into
account. However, there might sometimes be important
reasons why we will have to reveal someone’s name and
address, even though they have asked for them not to be
published. We will contact the person using the details
provided in the consultation response and ask their views
before making a final decision.
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Consultation Questions
1. Are Qualifications Wales’ intentions for introducing regulatory
outcomes clear?
Yes [ ]
No [ ]
If No, please give further details:
2. Do the proposed regulatory outcomes meet those aims?
Yes [ ]
No [ ]
If No, please give further details:
3. Do you think that the proposed regulatory outcomes are clear and
easy to understand?
Yes, they are all clear and easy to understand [ ]
Some, but not all, are clear and easy to understand [ ]
No, none are clear and easy to understand [ ]
Please explain the reasons for your response. If you feel that either some or all are
not clear or easy to understand, please state which ones, and include any
suggestions for how these could be developed.
4. Do you agree that the proposed regulatory outcomes represent the
shared goals of Qualifications Wales and Awarding Bodies?
Yes [ ]
No [ ]
If No, please specify which regulatory outcomes, and your reasons why:
5. Do you agree that outcome 1 is overarching, and that all other
regulatory outcomes relate to it?
Yes [ ]
No [ ]
If No, please give further details:
6. Are there any additional regulatory outcomes that you feel should be
included?
Yes [ ]
No [ ]
If Yes, please state the outcomes that should be included and your reasons why:
7. Are there any proposed regulatory outcomes that you feel should be
excluded?
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Yes [ ]
No [ ]
If Yes, please state the outcomes that should be excluded and your reasons why:
8. Do you agree with our proposed mapping of Conditions to the
regulatory outcomes?
Yes [ ]
No [ ]
If No, please state which Conditions should be mapped differently, and to which
regulatory outcome:
Welsh language
9. Would the proposed regulatory outcomes result in any consequences
(intended, or unintended) in relation to the following:
(a) opportunities for persons to use the Welsh language, and
(b) treating the Welsh language no less favourably than the English
language
Yes [ ]
No [ ]
If yes, please give further details:
Equality Act 2010
10. Are there any positive and/or negative consequences on individuals or
groups that may result from the introduction of regulatory outcomes
that you would like to bring to our attention?
Please specify:
Any Other Comments
If you have any other comments on the introduction of regulatory outcomes
and mapping of Conditions which we have not specifically addressed,
please use this space to report them:
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Additional Information
If you supply contact details, we may contact you for clarification of your answers.
Please see our statement on data protection at the start of this consultation.
Name:
Company:
Email Address:
Tick here if you do not want your name published [
]
Personal Details
Are you responding as an individual or on behalf of your organisation?
Individual [ ]
Organisation [ ]
Please select the type of organisation or choose ‘not applicable’ if responding as
an individual.
Awarding body [ ]
Centre [ ]
Sector body [ ]
Other stakeholder [ ]
Other (please specify) [ ]
Next Steps
This consultation is a significant step in developing our regulatory outcomes. We will
consider and analyse the responses to this consultation. The analysis will help
inform the drafting and production of the finalised regulatory outcomes and mapping
of Conditions.
We expect to publish a consultation report, with the regulatory outcomes and
mapping of Conditions in autumn 2017.
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Annex 1: Mapping Conditions to Regulatory Outcomes
We intend to publish this mapping as an annex to the Conditions. The order and numbering
of the Conditions will not change as a result of this.
Annex 1: Mapping Conditions to Regulatory Outcomes
We intend to publish this mapping as an annex to the Conditions. The order and numbering
of the Conditions will not change as a result of this.
Annex 1: Mapping Conditions to Regulatory Outcomes
We intend to publish this mapping as an annex to the Conditions. The order and numbering
of the Conditions will not change as a result of this.