Citation and commencement

1. These Regulations may be cited as the Adult Skills (Specified Qualifications) Regulations 2009 and come into force on 1st August 2009.

Interpretation and application

2. —(1) In these Regulations—

“the Act” means the Learning and Skills Act 2000;

“an education or training provider” means any body which provides courses of study for qualifications specified in, or for the purposes of, these Regulations;

“the Schedule” means Schedule 1A to the Act.

(2) These Regulations apply in relation to England.

Level 1 literacy qualifications

3. For the purposes of paragraph 1(a) of the Schedule, a specified qualification in level 1 literacy is an external qualification, or description of an external qualification, which is assessed by the Council( 2 ) to be at the level of attainment specified in paragraph 4 of the Schedule.

Entry level 3 numeracy qualifications

4. For the purposes of paragraph 1(b) of the Schedule, a specified qualification in entry level 3 numeracy is an external qualification, or description of an external qualification, which is assessed by the Council to be at the level of attainment specified in paragraph 5 of the Schedule.

Vocational qualifications at level 2

5. For the purposes of paragraph 1(c) of the Schedule, a specified vocational qualification at level 2 is an external vocational qualification, or description of an external vocational qualification, which is assessed by the Council to be at the level of attainment specified in paragraph 6 of the Schedule.

Qualifications at level 3

6. For the purposes of paragraph 2 of the Schedule, a specified qualification at level 3 is an external qualification, or a description of an external qualification, which is assessed by the Council to be at the level of attainment specified in paragraph 7 of the Schedule.

Publication of lists

7. The Council must make available to the public lists of the specified qualifications and specified vocational qualifications assessed, in exercise of its functions under regulations 3, 4, 5 and 6, as being at the relevant level of attainment( 3 ).

Exclusion for apprentices

8. For the purposes of sections 4A(3)(c), 4B(2)(c) and 4B(4)(c), it is a condition that a person should not be studying for a specified qualification as part of their engagement under the Government arrangements known, at 1st August 2009, as Apprenticeships, Advanced Apprenticeships or Programme Led Apprenticeships.

Persons to be treated as not having a specified qualification

9. —(1) A person is to be treated for the purposes of sections 4A(1) or 4B(1) of the Act insofar as they are connected with the provision of a course of study for a qualification specified for the purposes of regulation 3, as not having that qualification or a qualification (including one awarded by a person outside England) which appears to the Council to be at a comparable or higher level if that person—

(a) is assessed in accordance with regulation 10 as having literacy skills below the level of attainment described in paragraph 4 of the Schedule; and

(b) has been awarded on a previous occasion either—

(i) a qualification specified for the purposes of regulation 3; or

(ii) a qualification (including one awarded by a person outside England) which appears to the Council to be at a comparable level to or higher level than a qualification specified for the purposes of regulation 3.

(2) A person is to be treated for the purposes of sections 4A(1) or 4B(1) of the Act insofar as they are connected with the provision of a course of study for a qualification specified for the purposes of regulation 4, as not having that qualification or a qualification (including one awarded by a person outside England) which appears to the Council to be at a comparable or higher level if that person—

(a) is assessed in accordance with regulation 10 as having numeracy skills below the level of attainment described in paragraph 4 of the Schedule; and

(b) has been awarded on a previous occasion either—

(i) a qualification specified for the purposes of regulation 4; or

(ii) a qualification (including one awarded by a person outside England) which appears to the Council to be at a comparable level to or higher level than a qualification specified for the purposes of regulation 4.

Assessment of skill level

10. —(1) For the purposes of regulation 9, an education or training provider may assess whether a person has a skill level below the level of attainment demonstrated by paragraphs 3 and 4 of the Schedule.

(2) For the purposes of performing the function in subparagraph (1), an education or training provider may select a test or assessment.

Tuition fees

11. For the purposes of section 4B(8) of the Act, “tuition fees” include—

(a) the costs of any examination for a qualification specified in regulations 3 and 4;

(b) the costs of any assessment under regulation 10.