Explanatory note

Under sections 87 to 89 of the Apprenticeships, Skills, Children and Learning Act 2009 (“the 2009 Act”), the Chief Executive of Skills Funding (“the Chief Executive”) is under a duty to secure the provision of proper facilities for eligible persons undertaking a course of study for specified qualifications (as described in Schedule 5 to the 2009 Act), and to ensure that courses of study for such qualifications are free of charge to eligible persons. These Regulations specify the qualifications to which these duties relate, and make other related provisions. These Regulations replace the Adult Skills (Specified Qualifications) Regulations 2009 (“the 2009 Regulations”) which made similar provisions in respect of the Learning and Skills Council for England, which is abolished under the 2009 Act.

Regulations 3, 4, 5 and 6 confer functions on the Chief Executive to determine specified qualifications and specified vocational qualifications. Regulation 7 requires the Chief Executive to make lists of these qualifications available to the public.

Regulation 8 ensures that a person who is undertaking a specified qualification as part of an apprenticeship programme will not be someone in respect of whom the Chief Executive is under duties under sections 87 or 88 of the 2009 Act. This regulation is made in exercise of the powers at sections 87(3)(c), 88(2)(c) and 88(4)(c) to specify conditions which persons must satisfy in order to fall within sections 87(3), 88(2) and 88(4) respectively.

Regulation 9 sets out persons who are to be treated as not having a specified qualification. This enables persons who have obtained a specified literacy or specified numeracy qualification, but who have since lost the skills at the relevant level, to take a further course of study to obtain the qualification again.

Regulation 10 provides that education or training providers may assess whether a person has a skill level below that specified for literacy and numeracy; and that they may exercise their discretion as to the means by which they assess skill levels.

Regulation 11 provides that the cost of an examination for a specified literacy and numeracy qualification will constitute “tuition fees” for the purposes of section 88.

A full impact assessment of the effect on the costs of business and the voluntary sector was carried out in respect of the 2009 Regulations and is available from the Department for Business, Innovation and Skills, 1 Victoria Street, London SW1H 0ET.