Regulation 9 Persons to be treated as not having a specified qualification
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—
is assessed in accordance with regulation 10 as having literacy skills below the level of attainment described in paragraph 4 of the Schedule; and
has been awarded on a previous occasion either—
a qualification specified for the purposes of regulation 3; or
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.
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—
is assessed in accordance with regulation 10 as having numeracy skills below the level of attainment described in paragraph 4 of the Schedule; and
has been awarded on a previous occasion either—
a qualification specified for the purposes of regulation 4; or
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.