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.E+W
(2)The regulations may specify qualifications, or descriptions of qualifications, by reference to an assessment made by the [F1Secretary of State] 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 [F1Secretary of State] .
(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.
Textual Amendments
F1Words in Sch. 5 para. 3(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 30(a)
Commencement Information
I1Sch. 5 para. 3 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
4E+WThe 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.
Commencement Information
I2Sch. 5 para. 4 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
5E+WThe 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.
Commencement Information
I3Sch. 5 para. 5 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
6E+WLevel 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.
Commencement Information
I4Sch. 5 para. 6 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
7E+WLevel 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.
Commencement Information
I5Sch. 5 para. 7 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
8E+WIn 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—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)F3... or
(c)the Office of Qualifications and Examinations Regulation.
Textual Amendments
F2Sch. 5 para. 8(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 30(b)
F3Sch. 5 para. 8(b) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 25; S.I. 2012/924, art. 2
Commencement Information
I6Sch. 5 para. 8 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
9(1)The Secretary of State may by order amend this Schedule so as to—E+W
(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.
Commencement Information
I7Sch. 5 para. 9 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)