Apprenticeships, Skills, Children and Learning Act 2009

Part 2 Power to specify

Power to specify

3 (1) In paragraphs 1 and 2, a reference to a specified qualification is to a regulated qualification which is specified, or which is of a description specified, in regulations.

(2) The regulations may specify qualifications, or descriptions of qualifications, by reference to an assessment made by the Chief Executive of the level of attainment demonstrated by a qualification; and for that purpose the regulations may confer functions (which may include the exercise of a discretion) on the Chief Executive.

(3) The regulations may make provision which applies subject to exceptions specified in the regulations.

(4) In sub-paragraph (1) “regulated qualification” has the meaning given by section 130.

Power to specify qualification in literacy

4 The level of attainment in literacy demonstrated by a specified qualification in literacy must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.

Power to specify qualification in numeracy

5 The level of attainment in numeracy demonstrated by a specified qualification in numeracy must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.

Level 2

6 Level 2 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Secondary Education in five subjects, each at Grade C or above.

Level 3

7 Level 3 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Education at the advanced level in two subjects.

Advice and information

8 In forming an opinion for the purposes of this Schedule, the Secretary of State may have regard, in particular, to advice or information relating to qualifications which is provided by—

(a) the Chief Executive,

(b) the Qualifications and Curriculum Development Agency, or

(c) the Office of Qualifications and Examinations Regulation.

Power to amend

9 (1) The Secretary of State may by order amend this Schedule so as to—

(a) add a category of qualification to Part 1;

(b) remove a category of qualification for the time being referred to in Part 1;

(c) substitute a different qualification for a qualification for the time being referred to in Part 2;

(d) make consequential amendments.

(2) The power conferred by sub-paragraph (1)(b) includes power to remove every category of qualification to which a paragraph of Part 1 for the time being applies.