Statutory Instruments
Equality, England
Made
23rd June 2017
Laid before Parliament
27th June 2017
Coming into force
1st September 2017
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by section 97(3)(a) of the Equality Act 2010(1)
1. These Regulations may be cited as the Equality Act 2010 (General Qualifications Bodies) (Appropriate Regulator and Relevant Qualifications) (Amendment) (England) Regulations 2017 and come into force on 1st September 2017.
2. Schedule 1 to the Equality Act 2010 (General Qualifications Bodies) (Appropriate Regulator and Relevant Qualifications) Regulations 2010(2) is amended as follows.
(1) Omit the following entries—
(a)“Certificate in Adult Literacy”;
(b)“Certificate in Adult Numeracy”;
(c)“General National Vocational Qualifications”;
(d)“Key Skills”; and
(e)“Welsh Baccalaureate Qualification Core Certificate”.
(2) Insert in the appropriate places—
“Cambridge IGCSE”;
“English for Speakers of Other Languages (ESOL)”; and
“International GCSEs (level 1/2 certificates)”.
Nick Gibb
Minister of State
Department for Education
23rd June 2017
(This note is not part of the Regulations)
These Regulations make amendments to Schedule 1 to the Equality Act 2010 (General Qualifications Bodies) (Appropriate Regulator and Relevant Qualifications) Regulations 2010 (“the 2010 Regulations”).
Section 96(6) of the Equality Act 2010 (“the 2010 Act”) places a duty on qualifications bodies to make reasonable adjustments in relation to qualifications for candidates with disabilities. By section 96(7) of the 2010 Act, the appropriate regulator can specify provisions, criteria or practices which limit or remove the obligation to make reasonable adjustments so as to avoid undue advantage.
Regulation 3 of the 2010 Regulations names the Office of Qualifications and Examinations Regulation (“Ofqual”) as the appropriate regulator in England.
Schedule 1 to the 2010 Regulations sets out the qualifications to which Ofqual’s limitations apply. These Regulations amend the list of relevant qualifications to remove those qualifications that are no longer listed on the Register of Regulated Qualifications as being offered in England. It also adds to Schedule 1 three qualifications which are typically taught by schools and colleges as an alternative to the qualifications already listed (regulation 2).
A validation impact assessment has been prepared in respect of these Regulations and is published with an Explanatory Memorandum alongside this instrument on legislation.gov.uk.
2010 c.15. See section 212 of the Equality Act 2010 for the definition of “prescribed”. Section 207(1) of that Act provides that the power to make regulations is exercisable by a Minister of the Crown, unless there is express provision to the contrary.