The Disability Discrimination (General Qualifications Bodies)(Relevant Qualifications, Reasonable Steps and Physical Features)(Amendment) Regulations 2008

Statutory Instruments

2008 No. 2159

Disabled Persons

The Disability Discrimination (General Qualifications Bodies)(Relevant Qualifications, Reasonable Steps and Physical Features)(Amendment) Regulations 2008

Made

11th August 2008

Laid before Parliament

19th August 2008

Coming into force

24th October 2008

The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by sections 31AA(4) and 31AD(6) of the Disability Discrimination Act 1995(1).

In accordance with section 31AF of that Act he has consulted with the Welsh Ministers, the Scottish Ministers and such other persons as it appeared to him to be appropriate:

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Disability Discrimination (General Qualifications Bodies) (Relevant Qualifications, Reasonable Steps and Physical Features) (Amendment) Regulations 2008.

(2) These Regulations shall come into force on 24th October 2008.

Amendment of the Disability Discrimination (General Qualifications Bodies)(Relevant Qualifications, Reasonable Steps and Physical Features) Regulations 2007

2.—(1) The Disability Discrimination (General Qualifications Bodies) (Relevant Qualifications, Reasonable Steps and Physical Features) Regulations 2007(2) are amended as follows.

(2) After regulation 3(2) insert—

“(3) Where a general qualifications body grants an exemption in accordance with paragraph (1), it is always a reasonable step for the general qualifications body to have to take to assess the candidate only in relation to those components of the examination or assessment for which the candidate has not been granted an exemption as if those components comprised the entire examination or assessment. ”.

(3) In the Schedule, before “Advanced Extension Awards” insert “the 14-19 Diploma” and after “Free Standing Maths Qualifications” insert “Functional Skills”.

Jim Knight

Minister of State

Department for Children, Schools and Families

11th August 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations specify that it is always a reasonable step for a general qualifications body to assess a disabled candidate in relation to the components of an examination taken by that candidate as if those components comprised the entire examination.

The 14-19 Diplomas and Functional Skills qualifications are added to the list of prescribed qualifications.

(1)

1995 c.50. See section 68 for the definitions of “prescribed” and “regulations”. Sections 31AA and 31AD were inserted by the Disability Discrimination Act 2005 (c.31), section 15.

(2)

S.I. 2007/1764.