Education, England Citation and commencement 1 These Regulations may be cited as the Adult Skills (Specified Qualifications) Regulations 2010 and come into force on 1st April 2010. Interpretation and application 2 1 In these Regulations– “ the Act ” means the Apprenticeships, Skills, Children and Learning Act 2009; “an education or training provider” means any body which provides courses of study for qualifications specified in, or for the purposes of, these Regulations; “the Schedule” means Schedule 5 to the Act. These Regulations apply in relation to England. Literacy qualifications 3 For the purposes of paragraph 1(a) of the Schedule, a specified qualification in literacy is a qualification, or description of a qualification, which is assessed by the Chief Executive to be at the level of attainment specified in paragraph 4 of the Schedule. Numeracy qualifications 4 For the purposes of paragraph 1(b) of the Schedule, a specified qualification in numeracy is a qualification, or description of a qualification, which is assessed by the Chief Executive to be at the level of attainment specified in paragraph 5 of the Schedule. Vocational qualifications at level 2 5 For the purposes of paragraph 1(c) of the Schedule, a specified vocational qualification at level 2 is a vocational qualification, or description of a vocational qualification, which is assessed by the Chief Executive to be at the level of attainment specified in paragraph 6 of the Schedule. Qualifications at level 3 6 For the purposes of paragraph 2 of the Schedule, a specified qualification at level 3 is a qualification, or a description of a qualification, which is assessed by the Chief Executive to be at the level of attainment specified in paragraph 7 of the Schedule. Publication of lists 7 The Chief Executive must make available to the public lists of the specified qualifications and specified vocational qualifications assessed, in exercise of the Chief Executive’s functions under regulations 3, 4, 5 and 6, as being at the relevant level of attainment . Exclusion for apprentices 8 For the purposes of sections 87(3)(c), 88(2)(c) and 88(4)(c), it is a condition that a person should not be studying for a specified qualification as part of their engagement under the Government arrangements known, at 1st April 2010, as Apprenticeships. Persons to be treated as not having a specified qualification 9 1 A person is to be treated for the purposes of sections 87(1) or 88(1) of the Act insofar as they are connected with the provision of a course of study for a qualification specified for the purposes of regulation 3, as not having that qualification or a qualification (including one awarded by a person outside England) which appears to the Chief Executive to be at a comparable or higher level if that person– a is assessed in accordance with regulation 10 as having literacy skills below the level of attainment described in paragraph 4 of the Schedule; and b has been awarded on a previous occasion either– i a qualification specified for the purposes of regulation 3; or ii a qualification (including one awarded by a person outside England) which appears to the Chief Executive to be at a comparable level to or higher level than a qualification specified for the purposes of regulation 3. 2 A person is to be treated for the purposes of sections 87(1) or 88(1) of the Act insofar as they are connected with the provision of a course of study for a qualification specified for the purposes of regulation 4, as not having that qualification or a qualification (including one awarded by a person outside England) which appears to the Chief Executive to be at a comparable or higher level if that person– a is assessed in accordance with regulation 10 as having numeracy skills below the level of attainment described in paragraph 4 of the Schedule; and b has been awarded on a previous occasion either– i a qualification specified for the purposes of regulation 4; or ii a qualification (including one awarded by a person outside England) which appears to the Chief Executive to be at a comparable level to or higher level than a qualification specified for the purposes of regulation 4. Assessment of skill level 10 1 For the purposes of regulation 9, an education or training provider may assess whether a person has a skill level below the level of attainment demonstrated by paragraphs 3 and 4 of the Schedule. 2 For the purposes of performing the function in subparagraph (1), an education or training provider may select a test or assessment. Tuition fees 11 For the purposes of section 88(7) of the Act, “tuition fees” include– a the costs of any examination for a qualification specified in regulations 3 and 4; b the costs of any assessment under regulation 10. Kevin Brennan Minister for Further Education, Skills, Apprenticeships and Consumer Affairs Department for Business, Innovation and Skills 6th March 2010