EXPLANATORY NOTE

(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.