Regulation 9 Persons to be treated as not having a specified qualificationI1
England and Wales
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 F1the Secretary of State 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 Secretary of State 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 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–
is assessed in accordance with regulation 10 as having numeracy skills below the level of attainment described in F2paragraph 5 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 Secretary of State to be at a comparable level to or higher level than a qualification specified for the purposes of regulation 4.
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—
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
has been awarded on a previous occasion either—
a qualification specified for the purpose of regulation 4A; or
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.
Annotations
Textual amendments
- F1
Words in reg. 9(1)(2) substituted (26.5.2015) by The Deregulation Act 2015 (Consequential Amendments) Order 2015 (S.I. 2015/971), art. 1(2)(a), Sch. 3 para. 16
- F2
Words in reg. 9(2)(a) substituted (1.8.2020) by The Adult Skills (Specified Qualification in Information Technology) (Amendment) Regulations 2020 (S.I. 2020/67), regs. 1, 2(6)(a)
- F3
Reg. 9(3) inserted (1.8.2020) by The Adult Skills (Specified Qualification in Information Technology) (Amendment) Regulations 2020 (S.I. 2020/67), regs. 1, 2(6)(b)
Commencement
- I1
Reg. 9 in force at 1.4.2010, see reg. 1