Citation and commencement_I1

1. These Regulations may be cited as the Adult Skills (Specified Qualifications) Regulations 2010 and come into force on 1st April 2010.

Interpretation and application_I2

2.—(1) In these Regulations–

“the Act” means the Apprenticeships, Skills, Children and Learning Act 2009 ;

“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 5 to the Act.

These Regulations apply in relation to England.

Literacy qualifications_I3

3. For the purposes of paragraph 1(a) of the Schedule, a specified qualification in literacy is a qualification, or description of a qualification, which is assessed by [^F1the Secretary of State^F1] to be at the level of attainment specified in paragraph 4 of the Schedule.

Numeracy qualifications_I4

4. For the purposes of paragraph 1(b) of the Schedule, a specified qualification in numeracy is a qualification, or description of a qualification, which is assessed by [^F2the Secretary of State^F2] to be at the level of attainment specified in paragraph 5 of the Schedule.

[^F3Information technology qualifications

4A. For the purposes of paragraph 1(ba) of the Schedule(2), a specified qualification in making use of information technology is a qualification, or a description of a qualification, which is assessed by the Secretary of State to be at the level of attainment specified in paragraph 5A of the Schedule.^F3]

Vocational qualifications at level 2_I5

5. For the purposes of paragraph 1(c) of the Schedule, a specified vocational qualification at level 2 is a vocational qualification, or description of a vocational qualification, which is assessed by [^F4the Secretary of State^F4] to be at the level of attainment specified in paragraph 6 of the Schedule.

Qualifications at level 3_I6

6. For the purposes of paragraph 2 of the Schedule, a specified qualification at level 3 is a qualification, or a description of a qualification, which is assessed by [^F5the Secretary of State^F5] to be at the level of attainment specified in paragraph 7 of the Schedule.

Publication of lists_I7

7. The Chief Executive must make available to the public lists of the specified qualifications and specified vocational qualifications assessed, in exercise of [^F6the Secretary of State^F6] ’s functions under regulations 3, 4, [^F74A^F7] 5 and 6, as being at the relevant level of attainment(2).

Exclusion for apprentices_I8

8. For the purposes of sections 87(3)(c), 88(2)(c) and 88(4)(c), it is a condition that a person should not be studying for a specified qualification [^F8, other than a specified qualification in making use of information technology,^F8] as part of their engagement under the Government arrangements known, at 1st April 2010, as Apprenticeships.

[^F9Exclusion for persons skilled in information technology

8A. For the purposes of sections 87(3)(c) and 88(2)(c) 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 4A (qualification in making use of information technology), it is a condition that a person must have information technology skills below the level of attainment described in paragraph 5A of the Schedule.^F9]

Persons to be treated as not having a specified qualification_I9

9.—(1) A person is to be treated for the purposes of sections 87(1) or 88(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 [^F10the Secretary of State^F10] 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 [^F10the Secretary of State^F10] 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 87(1) or 88(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 [^F10the Secretary of State^F10] 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 [^F11paragraph 5^F11] 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 [^F10the Secretary of State^F10] to be at a comparable level to or higher level than a qualification specified for the purposes of regulation 4.

[^F12 (3) A person is to be treated for the purposes of sections 87(1) or 88(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 4A (qualification in making use of information technology), as not having that qualification or a qualification (including one awarded by a person outside England) which appears to the Secretary of State to be at a comparable or higher level if that person—

(a)is assessed in accordance with regulation 10 as having information technology skills below the level of attainment described in paragraph 5A of the Schedule; and

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

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

(ii)a qualification (including one awarded by a person outside England) which appears to the Secretary of State to be at a comparable level to or higher level than a qualification specified for the purposes of regulation 4A.^F12]

Assessment of skill level_I10

10.—(1) For the purposes of [^F13regulations 8A and 9^F13] , an education or training provider may assess whether a person has a skill level below the level of attainment demonstrated by paragraphs [^F144, 5 or 5A^F14] 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_I11

11. For the purposes of section 88(7) of the Act, “tuition fees” include–

(a)the costs of any examination for a qualification specified in regulations[^F15 3, 4 and 4A^F15] ;

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