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Section A2D3 Technical education certificate: approval of technical education qualificationsF1F12F2

(1)

The F3Secretary of State may F4... approve a technical education qualification F5under this section in respect of one or more occupations for which standards are published under section ZA11.

F6(2)

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(3)

The Secretary of State may approve a technical education qualification under this section only if satisfied that

(F7a)

the qualification falls within a category specified under section A2D2(1)(a), and

(b)

by obtaining the qualification a person demonstrates that he or she has attained as many of the outcomes set out in the standards as may reasonably be expected to be attained by undertaking a course of education.

(4)

The Secretary of State may approve a technical education qualification under this section only where the Secretary of State—

(a)

has determined the documents relating to the qualification to which F8the Secretary of State considers section A2IA should apply (if any), and

(b)

is satisfied that each person (other than the Secretary of State ) who the Secretary of State thinks is entitled to a right or interest in any copyright in those documents agrees to the right or interest being transferred to the Secretary of State (see section A2IA).

(5)

If the Secretary of State fails to comply with subsection (4)(b) then, unless F9the Secretary of State does so in the knowledge that a person does not agree as mentioned in that provision—

(a)

the failure does not invalidate the approval of the qualification, but

(b)

the Secretary of State must pay such compensation (if any) as may be appropriate to any person whose right or interest is transferred to the Secretary of State without the person's agreement.

(6)

In making a determination under subsection (4)(a), the Secretary of State may take into account the likelihood of any person agreeing as mentioned in subsection (4)(b).

(7)

The Secretary of State may revise F10a determination under subsection (4)(a) before approving the qualification.

F11(8)

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(9)

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(10)

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(11)

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(12)

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(13)

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Annotations

Textual amendments

F1

Ss. A2DA-A2DC and cross-heading inserted (31.1.2019) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 15; S.I. 2019/61, reg. 2(b)

F2

S. A2DA renumbered as s. A2D3 (30.9.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 13(2), 36(3) (with s. 13(8)); S.I. 2022/965, reg. 3(8) (with regs. 4, 5)

F3

Words in s. A2D3 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. 10(2) (with s. 13); S.I. 2025/598, reg. 3(g)

F4

Words in s. A2D3(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. 10(3) (with s. 13); S.I. 2025/598, reg. 3(g)

F5

Words in s. A2D3(1) inserted (30.9.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 12(3)(a), 36(3); S.I. 2022/965, reg. 3(7) (with regs. 4, 5)

F6

S. A2D3(2) omitted (30.9.2022) by virtue of Skills and Post-16 Education Act 2022 (c. 21), ss. 12(3)(b), 36(3); S.I. 2022/965, reg. 3(7) (with regs. 4, 5)

F7

Words in s. A2D3(3) inserted (30.9.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 7(3), 36(3); S.I. 2022/965, reg. 3(2) (with regs. 4, 5)

F8

Words in s. A2D3(4) 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. 10(4) (with s. 13); S.I. 2025/598, reg. 3(g)

F9

Words in s. A2D3(5) 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. 10(4) (with s. 13); S.I. 2025/598, reg. 3(g)

F10

Word in s. A2D3(7) 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. 10(5) (with s. 13); S.I. 2025/598, reg. 3(g)

F11

S. A2D3(8)-(13) omitted (30.9.2022) by virtue of Skills and Post-16 Education Act 2022 (c. 21), ss. 12(3)(c), 36(3); S.I. 2022/965, reg. 3(7) (with regs. 4, 5)

F12

S. A2D3 heading substituted (30.9.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 12(3)(d), 36(3); S.I. 2022/965, reg. 3(7) (with regs. 4, 5)

Notes on Chapter A1

Textual amendments

F1

Pt. 1 Ch. A1 inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 1 para. 1 (with Sch. 1 para. 28); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F2

Words in Pt. 1 Ch. A1 heading inserted (31.1.2019) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 1 para. 6; S.I. 2019/61, reg. 2(b)