Apprenticeships, Skills, Children and Learning Act 2009

[F1 A2D5 Further powers to approve technical education qualifications E+W+S

(1) The Institute may, if it considers it appropriate, approve a technical education qualification under this section in respect of one or more published occupations (each a “related” occupation).

(2) But it may approve a qualification under this section only if—

(a) the Institute is satisfied that the qualification falls within a category specified under section A2D2(1)(b),

(b) the qualification meets each of the following tests in respect of the related occupation or occupations—

(i) the appropriate test specified for the category under section A2D2(3), and

(ii) the employer demand test (see subsection (6)), and

(c) the Institute is not prevented from approving the qualification by virtue of a moratorium under section A2D9.

(3) The alternative approval test is met in respect of an occupation if—

(a) a standard is published under section ZA11 for the occupation, and

(b) the Institute 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.

(4) The additional specialist competence test is met in respect of an occupation if—

(a) a standard is published under section ZA11 for the occupation, and

(b) the Institute is satisfied that—

(i) by obtaining the qualification, a person demonstrates attainment of particular outcomes which are additional to those set out in the standard, and

(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.

(5) The significant outcomes test is met in respect of one or more occupations if—

(a) the Institute is satisfied that—

(i) by obtaining the qualification a person demonstrates attainment of particular outcomes in relation to the occupations, and

(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

(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).

(6) The employer demand test is met in respect of one or more occupations if the Institute is satisfied that there is, or is likely to be, demand from employers in the occupations for employees who have obtained the particular qualification.]

Textual Amendments

F1 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)