Consultation on Transfer Conditions Policy

For this consultation, we are seeking views on a new policy, called the Transfer Conditions Policy. This policy has not previously been published. A Transfer Condition is a condition to which an awarding body’s recognition by us may be subject.

The work of Qualifications Wales centres around two principal aims:

  • 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 order to carry out these functions, the Qualifications Wales Act 2015 (the “Act”) gives us a number of powers which enable us to act in the interests of learners and promote public confidence in the qualification system and to take action where needed.

It is our intention that undertaking this consultation exercise will help us to ensure that the policy meets our principal aims, thereby improving the quality of our regulation and enforcement.

The consultation document can be found here.

Responses to this consultation should be submitted by 18:00 on 26 November 2018 at the latest using the online form that is available here.

Or by completing the form and emailing your responses

A Privacy Notice – Consultation on Transfer Conditions Policy August 2018 can be found here.


How quickly will it take effect?

In instances where we have identified a risk of a significant adverse effect to learners, we may give a direction to an awarding body within around 5 days (including imposing a Transfer Condition, giving a direction and allowing for representations). In most instances, however, we would allow more time for representations following each stage.

After we have given a direction to an awarding body to transfer a qualification we would expect that awarding body to take make arrangements to begin the transfer of that qualification immediately.

Do awarding bodies get compensated for the market value of assets?

We may, in certain circumstances, provide compensation for awarding bodies whom we direct to transfer qualifications. However, doing so would be linked to the reasonable needs of learners and to securing that awarding body’s ability to continue providing qualifications.

What sort of warning would an awarding body get?

Directing an awarding body to transfer a qualification would be the culmination of a process with a number of stages, and each stage would be undertaken in such a way as to make the awarding body aware of the potential for future action.

In most instances where we identify a risk of a significant adverse effect to learners, we would proceed by notifying the relevant awarding body and undertaking targeted monitoring work to understand the nature of the risk and any controls put in place to mitigate that risk.

We may decide to make the awarding body’s recognition subject to a Transfer Condition at this stage, though this would not require any direct action by the awarding body. In doing so, we would make clear both in the content of the Condition and in our communication with the awarding body that in the event of a specified event occurring, a direction to transfer a qualification would be given.

If we were to have evidence that the event specified in that Condition had occurred, we would notify the awarding body of our intention to direct them to transfer the relevant qualification. They could make representations to us, following which we may direct them.

What kind of circumstance would lead to a Transfer Condition?

A Transfer Condition would be linked to a risk of a significant adverse effect on learners. These might include the risk that an awarding body will not be able to award qualifications to registered learners. We would also always consider the potential for such risks to be managed through other controls, such as contingency plans and relevant undertakings.