Citation and commencement

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

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

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 the Chief Executive ( 2 ) to be at the level of attainment specified in paragraph 4 of the Schedule.

Numeracy qualifications

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 the Chief Executive 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 a vocational qualification, or description of a vocational qualification, which is assessed by the Chief Executive 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 a qualification, or a description of a qualification, which is assessed by the Chief Executive to be at the level of attainment specified in paragraph 7 of the Schedule.

Publication of lists

7. The Chief Executive must make available to the public lists of the specified qualifications and specified vocational qualifications assessed, in exercise of the Chief Executive’s 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 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 as part of their engagement under the Government arrangements known, at 1st April 2010, as Apprenticeships.

Persons to be treated as not having a specified qualification

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 the Chief Executive 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 Chief Executive 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 the Chief Executive 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 Chief Executive 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 88(7) 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.