1.9 Under Section 96 of the Act, the appropriate regulators (Ofqual in England, SQA in Scotland, DCELLS in Wales) have been given a new power in relation to general qualifications, replacing the reference to maintaining a competence standard. Section 96 (7) gives the regulator the power to specify provisions, criteria or practices in relation to which an awarding organisation for general qualifications:

1. is not subject to a duty to make reasonable adjustments
2. is subject to a duty to make reasonable adjustments, but in relation to which such adjustments as the regulator specifies should not be made.

1.10 In effect, this allows the regulator to specify where reasonable adjustments should not be made. In making such specifications, the regulator must take into account ('have regard to') the following:

1. the need to minimise the extent to which disabled persons are disadvantaged in attaining the qualification because of their disabilities
2. the need to secure that the qualification gives a reliable indication of the knowledge, skills and understanding of a person upon whom it is conferred
3. the need to maintain public confidence in the qualification.

1.11 Section 96 of the Act came into force on 1st October 2010. The section is applicable to England, Wales and Scotland (although, as noted above, we are only the appropriate regulator in respect of awarding organisations that confer general qualifications in England). The Act is not applicable to Northern Ireland.

1.12 The Secretary of State for Education has the power to list which qualifications are included in the definition of 'general qualifications' covered by section 96. This list is set out in Appendix 2 of this consultation document.