Regulation 2 Amendment of the Adult Skills (Specified Qualifications) Regulations 2010

(1)

The Adult Skills (Specified Qualifications) Regulations 2010^f1 are amended as follows.

(2)

After regulation 4 insert—

“Information technology qualifications

4A.

For the purposes of paragraph 1(ba) of the Schedule^f2, 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.”.

(3)

In regulation 7 (publication of lists), after “4,” insert “4A”.

(4)

In regulation 8 (exclusion for apprentices), after “”qualification” insert “, other than a specified qualification in making use of information technology,”.

(5)

After regulation 8 insert—

“Exclusion 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.”.

(6)

In regulation 9 (persons to be treated as not having a specified qualification)—

(a)

in paragraph (2)(a), for “paragraph 4” substitute “paragraph 5”;

(b)

after paragraph (2) insert—

“(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.”.

(7)

In regulation 10(1) (assessment of skill level)—

(a)

for “regulation 9” substitute “regulations 8A and 9”; and

(b)

for “3 and 4” substitute “4, 5 or 5A”.

(8)

In regulation 11 (tuition fees), for “3 and 4” substitute “3, 4 and 4A”.

Annotations

Footnotes

f1: S.I. 2010/733; amended by S.I. 2015/971.
f2: Paragraph 1(ba) of Schedule 5 to the 2009 Act was inserted by section 114(3) of the Digital Economy Act 2017 (c. 30) (“the 2017 Act”).
f3: Paragraph 5A of Schedule 5 to the 2009 Act was inserted by section 114(4) of the 2017 Act.