{
  "url": "https://openlegislation.uk/apprenticeships-skills-children-and-learning-act-2009/section-A2D5",
  "json_url": "https://openlegislation.uk/apprenticeships-skills-children-and-learning-act-2009/section-A2D5.json",
  "legislation": "ukpga/2009/22",
  "legislation_title": "Apprenticeships, Skills, Children and Learning Act 2009",
  "legislation_url": "https://openlegislation.uk/apprenticeships-skills-children-and-learning-act-2009",
  "path": "section/A2D5",
  "kind": "section",
  "number": "A2D5",
  "heading": "Further powers to approve technical education qualifications",
  "text": "(1) The Secretary of State may ... approve a technical education qualification under this section in respect of one or more published occupations (each a “related” occupation).\n(2) But the Secretary of State may approve a qualification under this section only if—\n(a) the Secretary of State is satisfied that the qualification falls within a category specified under section A2D2(1)(b),\n(b) the qualification meets each of the following tests in respect of the related occupation or occupations—\n(i) the appropriate test specified for the category under section A2D2(3), and\n(ii) the employer demand test (see subsection (6)), and\n(c) the Secretary of State is not prevented from approving the qualification by virtue of a moratorium under section A2D9.\n(3) The alternative approval test is met in respect of an occupation if—\n(a) a standard is published under section ZA11 for the occupation, and\n(b) the Secretary of State is satisfied that by obtaining the qualification a person demonstrates attainment of as many of the outcomes set out in the standard as may reasonably be expected to be attained by undertaking a course of education.\n(4) The additional specialist competence test is met in respect of an occupation if—\n(a) a standard is published under section ZA11 for the occupation, and\n(b) the Secretary of State is satisfied that—\n(i) by obtaining the qualification, a person demonstrates attainment of particular outcomes which are additional to those set out in the standard, and\n(ii) attaining all those outcomes (together with attainment of the outcomes set out in the standard) would enable a person to specialise within the occupation.\n(5) The significant outcomes test is met in respect of one or more occupations if—\n(a) the Secretary of State is satisfied that—\n(i) by obtaining the qualification a person demonstrates attainment of particular outcomes in relation to the occupations, and\n(ii) attaining those outcomes would enable a person to work in the occupations at a particular level of competence (whether in the course of training or otherwise) or to improve competence in the occupations, and\n(b) where standards are published under section ZA11 for any of the occupations, the outcomes are set out in the standards (whether or not all in the same standard).\n(6) The employer demand test is met in respect of one or more occupations if the Secretary of State is satisfied that there is, or is likely to be, demand from employers in the occupations for employees who have obtained the particular qualification.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Ss. A2D5-A2D9 inserted (30.9.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 7(4), 36(3); S.I. 2022/965, reg. 3(2) (with regs. 4, 5)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. A2D5 substituted (1.6.2025) by Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025 (c. 14), s. 12(1)(b), Sch. 1 para. 12(2) (with s. 13); S.I. 2025/598, reg. 3(g)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. A2D5(1) omitted (1.6.2025) by virtue of Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025 (c. 14), s. 12(1)(b), Sch. 1 para. 12(3) (with s. 13); S.I. 2025/598, reg. 3(g)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. A2D5(2) substituted (1.6.2025) by Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025 (c. 14), s. 12(1)(b), Sch. 1 para. 12(4) (with s. 13); S.I. 2025/598, reg. 3(g)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2009/22/section/A2D5",
    "retrieved_at": "2026-10-29T09:10:50.261352+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}