# The Adult Skills (Specified Qualifications) Regulations 2009, Regulation 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.

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Source: https://www.legislation.gov.uk/uksi/2009/1602/regulation/9 (the official version)
Page: https://openlegislation.uk/adult-skills-specified-qualifications-regulations-2009/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.