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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.
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.
For the meaning of -appropriate regulator- see section 96(10) of the 2010 Act.
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.
For the meaning of -relevant qualification- see section 97 (3) of the 2010 Act.