Section 60 — Validation of fees charged in relation to qualifications

(1) A fee charged at any time before the day on which this Act is passed by a person to whom this section applies is taken to have been lawfully charged if condition A, B or C is met.

(2) Condition A is that the fee was charged in connection with services relating to the comparability, recognition or assessment for immigration or nationality purposes of a UK qualification or a non-UK qualification.

(3) Condition B is that the fee was charged in connection with services relating to the comparability, recognition or assessment of a non-UK qualification obtained by a person where—

(a) the person was employed or seeking employment with an early years provider within the meaning of Part 3 of the Childcare Act 2006, and

(b) the status of the person’s non-UK qualification was relevant to the welfare requirements imposed on early years providers under section 39(1)(b) of that Act.

(4) Condition C is that the fee was charged in connection with—

(a) the provision of a service pursuant to an international agreement or arrangement requiring services to be provided relating to—

(i) the comparability, recognition or assessment of UK qualifications or non-UK qualifications, or

(ii) the provision of information or advice about such qualifications or the systems for awarding them, or

(b) any associated services provided by a person providing services mentioned in paragraph (a).

(5) This section applies to—

(a) the Secretary of State, and

(b) a person other than the Secretary of State who charged the fee pursuant to arrangements between that person and the Secretary of State.

(6) In this section— “fee” includes charge; “non-UK qualification” means a qualification issued by a body located outside the United Kingdom; “UK qualification” means a qualification issued by a body located in the United Kingdom.

(7) This section binds the Crown.