In paragraphs 1 and 2, a reference to a specified qualification is to an external qualification which is specified, or which is of a description specified, in regulations made by the Secretary of State.

The regulations may specify qualifications, or descriptions of qualifications, by reference to an assessment made by the Council of the level of attainment demonstrated by a qualification; and for that purpose the regulations may confer a function (which may include the exercise of a discretion) on the Council.

The regulations may make provision which applies subject to exceptions specified in the regulations.

In sub-paragraph (1), “external qualification” has the meaning given in section 24 of the Education Act 1997.