(1)This section applies for the purposes of section 53.
(2)A qualifications body is an authority or body which can confer a relevant qualification.
(3)A relevant qualification is an authorisation, qualification, recognition, registration, enrolment, approval or certification which is needed for, or facilitates engagement in, a particular trade or profession.
(4)An authority or body is not a qualifications body in so far as—
(a)it can confer a qualification to which section 96 applies,
(b)it is the responsible body of a school to which section 85 applies,
(c)it is the governing body of an institution to which section 91 applies,
(d)it exercises functions under the Education Acts, or
(e)it exercises functions under the Education (Scotland) Act 1980.
(5)A reference to conferring a relevant qualification includes a reference to renewing or extending the conferment of a relevant qualification.
(6)A competence standard is an academic, medical or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability.
Cases considering section 54 13
[2020] EWCA Civ 1526 · 13 November 2020Interprets
Section 54 supplied the interpretive framework for determining whether a body was a qualifications body and whether the university exclusion applied. (see paras [5]; [18]-[20])
Section 54(2) provided the definition of a qualifications body as an authority or body able to confer a relevant qualification. (see para [5])
Section 54(3) identified the relevant qualification as an authorisation, qualification or similar status needed for or facilitating engagement in a trade or profession. (see para [5])
Section 54(4) was interpreted as containing exclusions from qualifications-body status, with the effect of the opening words depending on the particular subparagraph. (see paras [5]; [18]-[20])
Section 54(4)(b) was used as a comparison showing that, for a school covered by section 85, the statutory question is likewise whether the body has the specified status. (see para [18])
Section 54(4)(c) was construed as creating a binary exclusion. Where a body is the governing body of a university or other institution to which section 91 applies, that status displaces qualifications-body status rather than requiring functional division. (see paras [18]-[20])
Section 54(4)(d) was identified as an example where in so far as can operate by reference to the extent to which functions are exercised under the Education Acts. (see para [18])
[2018] EWCA Civ 564 · 22 March 2018Defines
The Bishop was a qualifications body because he could confer the EPML, which the court held was a relevant qualification. (see paras [43]–[46])
A relevant qualification may be an authorisation that is needed for or facilitates a vocation. The EPML met that description because it was required for the paid chaplaincy role and vouched for the priest’s status; the PTO did not facilitate that role merely through a shared good-standing criterion. (see paras [40]–[46])
[2026] EAT 54 · 1 May 2026
Network Rail was an authority or body able to confer a relevant qualification because it granted the entitlement represented by a Sentinel card. (see paras [78]-[82])
The Sentinel card was an authorisation, approval or certification needed for engagement in a safety-critical rail occupation. It was therefore a relevant qualification. (see paras [79]-[82])
2 more judgments, and what each says about section 54, are in the
case-law panel in the full Act.
185.This section explains the meaning of various terms used in section 53. In particular, it defines a qualifications body as a body which can confer any academic, medical, technical or other standard which is required to carry out a particular trade or profession, or which better enables a person to do so by, for example, determining whether the person has a particular level of competence or ability.
186.It also makes clear that bodies such as schools, institutions of further and higher education and education authorities which confer qualifications such as A Levels and GCSEs are not qualifications bodies for the purposes of section 53.
187.This section is designed to replicate the effect of similar provisions in previous legislation.