The Adult Skills (Specified Qualifications) Regulations 2009

• Citation: S.I. 2009/1602
• Sections: 11

Section 1 Citation and commencement

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

Section 2 Interpretation and application

(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.

Section 3 Level 1 literacy qualifications

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 to be at the level of attainment specified in paragraph 4 of the Schedule.

Section 4 Entry level 3 numeracy qualifications

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.

Section 5 Vocational qualifications at level 2

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.

Section 6 Qualifications at level 3

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.

Section 7 Publication of lists

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 .

Section 8 Exclusion for apprentices

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.

Section 9 Persons to be treated as not having a specified qualification

(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.

Section 10 Assessment of skill level

(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.

Section 11 Tuition fees

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.