The Skills and Post-16 Education Act 2022 (Commencement No. 1 and Transitional Provision) (England) Regulations 2022

• Citation: S.I. 2022/965
• Sections: 5

Section 1 Citation and interpretation

(1) These Regulations may be cited as the Skills and Post-16 Education Act 2022 (Commencement No. 1 and Transitional Provision) (England) Regulations 2022.

(2) In these Regulations—

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

“ Higher Technical Qualification ” means a technical education qualification approved or being considered for approval under section A2DA(1) of the 2009 Act and which is at level 4 or 5—

on the Framework for Higher Education Qualifications of UK Degree-Awarding Bodies ; or

as described in the Ofqual Handbook: General Conditions of Recognition ;

“ the Institute ” means the Institute for Apprenticeships and Technical Education as established under section ZA1(1) of the 2009 Act;

“ technical education qualification ” has the same meaning as under section A2DA(12) of the 2009 Act.

Section 2 Extent

(1) Subject to paragraphs (2) and (3), these Regulations extend to England and Wales only.

(2) Regulation 3(6) also extends to Scotland.

(3) Regulations 3(5) and 3(6) also extend to Northern Ireland.

Section 3 Provisions coming into force on 30th September 2022

The following provisions of the Skills and Post-16 Education Act 2022 come into force on 30th September 2022—

(1) Section 6 (functions of the Institute: oversight etc);

(2) Section 7 (additional powers to approve technical education qualifications);

(3) Section 8 (functions of the Institute: availability of qualifications outside of England);

(4) Section 9 (technical education qualifications: co-operation between the Institute and Ofqual);

(5) Section 10 (application of accreditation requirement in relation to technical education qualifications);

(6) Section 11 (information sharing in relation to technical education qualifications);

(7) Section 12 (technical education qualifications: minor and consequential amendments);

(8) Section 13 (renumbering of provisions relating to technical education qualifications).

Section 4 Transitional provision

A Higher Technical Qualification approved prior to the 30th September 2022 will be treated as though it was approved under section A2D5 of the 2009 Act on and after 30th September 2022.

Section 5 Transitional provision

Where a Higher Technical Qualification was submitted to the Institute for approval prior to 30th September 2022 and no decision on approval has been made before that date, it will be considered for approval under section A2D5 of the 2009 Act on and after 30th September 2022.