# The Adult Skills (Specified Qualifications) Regulations 2010, Regulation 9: Persons to be treated as not having a specified qualification

Extent: E+W

(1) 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 3, 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 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 Secretary of State 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 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 4, 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 numeracy skills below the level of attainment described in paragraph 5 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 Secretary of State to be at a comparable level to or higher level than a qualification specified for the purposes of regulation 4.
(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.

---
Source: https://www.legislation.gov.uk/uksi/2010/733/regulation/9 (the official version)
Page: https://openlegislation.uk/adult-skills-specified-qualifications-regulations-2010/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.