The Equality Act 2010 (General Qualifications Bodies) (Appropriate Regulator and Relevant Qualifications) Regulations 2010

Statutory Instruments

2010 No. 2245

Equality

The Equality Act 2010 (General Qualifications Bodies) (Appropriate Regulator and Relevant Qualifications) Regulations 2010

Made

9th September 2010

Laid before Parliament

10th September 2010

Coming into force

1st October 2010

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 96(9)(b), 96(10)(a) and 97(3)(a) of the Equality Act 2010(1):

Citation, commencement and application

1.—(1) These Regulations may be cited as the Equality Act 2010 (General Qualifications Bodies) (Appropriate Regulator and Relevant Qualifications) Regulations 2010 and come into force on 1st October 2010.

(2) Regulations 3 and 4 apply in relation to England only.

Manner of publishing matters specified under section 96(7) of the Equality Act 2010

2.  An appropriate regulator(2) must publish any matter specified under section 96(7) of the Equality Act 2010 on the regulator’s website.

The appropriate regulator

3.  The appropriate regulator in relation to a qualifications body that confers qualifications in England is the Office of Qualifications and Examinations Regulation(3).

Relevant qualifications

4.  Relevant qualifications(4) in relation to conferments in England are those qualifications listed in the Schedule.

Nick Gibb

Minister of State

Department for Education

9th September 2010

Regulation 4

SCHEDULE 1

• 14–19 Diploma Principal Learning

• Advanced Extension Awards

• Cambridge International Certificate

• Cambridge Pre-University qualification

• Certificate in Adult Literacy

• Certificate in Adult Numeracy

• Entry level certificates in GCSE subjects

• Extended projects

• Foundation Projects

• Free Standing Maths Qualifications

• Functional Skills

• General Certificate of Education Advanced level (Advanced and Advanced Subsidiary levels)

• General Certificate of Secondary Education

• General National Vocational Qualifications

• Higher projects

• International Baccalaureate Diploma

• Key Skills

• Welsh Baccalaureate Qualification Core Certificate

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the purposes of section 96 of the Equality Act 2010 (“the Act”). Section 96 of the Act imposes a duty on qualifications bodies not to discriminate in the conferment of relevant qualifications and also imposes a duty on them to make reasonable adjustments for disabled people.

Under section 96(7) of the Act an appropriate regulator may specify matters which are not to be subject to the reasonable adjustments duty and regulation 2 provides that any such matters must be published on the regulator’s website.

Regulation 3 prescribes the Office of Qualifications and Examinations Regulation (Ofqual) as the appropriate regulator in relation to a qualifications body that confers qualifications in England.

A qualifications body is a body which confers relevant qualifications. Regulation 4 prescribes the relevant qualifications in relation to conferments in England and these are set out in the Schedule.

An impact assessment has not been undertaken as these Regulations will have no impact on business or on the voluntary or public sector.

(1)

2010 c. 15. See section 212 of the Equality Act 2010 (“the 2010 Act”) for the definition of “prescribed”. Section 207(1) of the 2010 Act provides that the power to make regulations is exercisable by a Minister of the Crown, unless there is express provision to the contrary.

(2)

For the meaning of “appropriate regulator” see section 96(10) of the 2010 Act.

(3)

The Office of Qualifications and Examinations Regulation is a body corporate established by section 127 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22). A “qualifications body” is defined by section 97(2) of the 2010 Act.

(4)

For the meaning of “relevant qualification” see section 97 (3) of the 2010 Act.