Section J - Interpretation and definitions

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Ofqual

June 26

18:09 2023

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J1.1 In these conditions, the following rules of interpretation shall apply.

J1.2 Unless the context suggests otherwise, in these conditions
1. (a) words in the masculine gender are to be read as including the feminine gender (and vice versa),
2. (b) words in the singular are to be read as including the plural (and vice versa),
3. (c) references to it are to be read as including references to he and she (and vice versa),
4. (d) the words including and in particular indicate a list of examples and should not be read as limiting the scope of the words that occur before them
5. (e) references to person include any body of persons, whether corporate or unincorporate,
6. (f) awarding organisation refers to an organisation which is recognised in accordance with section 132 of the Act,
7. (g) relevant qualification refers to any qualification for which the relevant awarding organisation is recognised or which falls within a description of qualifications for which it is recognised,
8. (h) references to providing something in writing are to include providing it by hand, post, fax, electronic mail or through a submission to the Portal,
9. (i) a qualification means a regulated qualification (and includes any units of that qualification),
10. (j) references to this condition are to be read as references to the condition as a whole (such as Condition B3),
11. (k) references to an Act of Parliament include any secondary legislation made under that Act of Parliament, and
12. (l) words have the same meaning as in Part 7 of the Act.

J1.3 If there is an inconsistency between a provision in these conditions, and a provision contained in any document which is referenced in these conditions, these conditions shall prevail and the other document shall have no force and effect to the extent of that inconsistency.

J1.4 Titles and headings in these conditions are for information only and are not to be used for the purposes of interpretation.

J1.5 A person is connected to an awarding organisation if that person undertakes or is involved in any activity undertaken by the awarding organisation.

J1.6 Completion of a qualification by a Learner shall include the completion of any appeals process.

J1.7 Where an awarding organisation is required to publish a document or information, that document or information must be published in a way which is
1. (a) clear to its intended audience,
2. (b) accurate, and
3. (c) reasonably accessible (including by way of publication on the awarding organisations website).

Condition J1.8 - Definitions

Definitions

J1.8 In these conditions, the following words shall have the meaning given to them below (and cognate expressions should be construed accordingly)

the Act

The Apprenticeships, Skills, Children and Learning Act 2009

Adverse Effect

An act, omission, event, incident, or circumstance has an Adverse Effect if it

(a) gives rise to prejudice to Learners or potential Learners, or
(b) adversely affects
1. (i) the ability of the awarding organisation to undertake the development, delivery or award of qualifications in a way that complies with its Conditions of Recognition,
2. (ii) the standards of qualifications which the awarding organisation makes available or proposes to make available, or
3. (iii) public confidence in qualifications.

Assessor

A person who undertakes marking or the review of marking. This involves using a particular set of criteria to make judgements as to the level of attainment a Learner has demonstrated in an assessment.

Associated Learner Fees

Any fee which is

(a) subject to negotiation, payable to an awarding organisation by a purchaser for an optional service that is directly related to the delivery and award of a regulated qualification to an individual Learner, and
(b) not included in the Standard Qualification Fee.

Authentication

A process under which evidence generated by a Learner in an assessment is confirmed as having been generated by that Learner (or identified and confirmed as being that Learners contribution to group work) and as being generated under the required conditions.

Centre

An organisation undertaking the delivery of an assessment (and potentially other activities) to Learners on behalf of an awarding organisation. Centres are typically educational institutions, training providers, or employers.

Centre Assessment Standards Scrutiny

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