Statutory Instruments
2010 No. 2327
Education, England
The Education (Prescribed Public Examinations) (England) Regulations 2010
Made
19th September 2010
Laid before Parliament
24th September 2010
Coming into force
1st January 2011
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 402(1), (3) and (5), 451(4)(a), 453(1) and 454(1)(b) and (3)(b) of the Education Act 1996( 1 ).
Citation, commencement and application
1. —(1) These Regulations may be cited as the Education (Prescribed Public Examinations) (England) Regulations 2010 and come into force on 1st January 2011.
(2) These Regulations apply in relation to maintained schools in England only.
Prescribed public examinations
2. —(1) A public examination is prescribed for the purposes of the provisions of the Education Act 1996 set out in paragraph (2) if it is for a qualification that—
(a) falls within paragraph (3); and
(b) is approved for the purposes of section 96 of the Learning and Skills Act 2000( 2 ) (qualifications for persons under 19).
(2) The provisions of the Education Act 1996 referred to in paragraph (1) are—
(a) section 402(1), (3) and (5) (obligation to enter pupils for public examinations);
(b) section 451(4)(a) (prohibition of charges for provision of education);
(c) section 453(1) (examinations: prohibition of charges and recovery of wasted fees); and
(d) section 454(1)(b) and (3)(b) (prohibition of incidental charges).
(3) The qualifications in this paragraph are—
(a) Advanced Extension Award;
(b) an award, certificate or diploma in the Qualifications and Credit Framework;
(c) Asset Languages qualification;
(d) Cambridge International Certificate;
(e) Cambridge Pre-University qualification;
(f) Diploma;
(g) Entry Level qualification;
(h) Extended Project qualification;
(i) Free-Standing Mathematics qualification;
(j) Functional Skills qualification;
(k) General Certificate of Education Advanced level (Advanced Subsidiary level and Advanced level);
(l) General Certificate of Secondary Education;
(m) International Baccalaureate Diploma;
(n) Key Skills qualification;
(o) Vocational qualification.
Revocation
3.The Education (Prescribed Public Examinations) Regulations 1989( 3 ) are revoked so far as they apply in relation to maintained schools in England.
Nick Gibb
Minister of State
Department for Education
19th September 2010
1996 c. 56 . See section 579(1) for the definitions of “prescribed” and “regulations”. For the purposes of Chapter 3 (charges in connection with education at maintained schools) references to a prescribed public examination are to be construed in accordance with section 462(4) and (5).
2000 c. 21 ; amended by section 159 of the Education and Skills Act 2008 (c. 25) . Approvals for the purposes of section 96 of the Learning and Skills Act 2000are given by the Secretary of State under section 98 of that Act.
1989/377 .