1.13 It is important to note that this new regulatory power does not remove the duty on awarding organisations to make reasonable adjustments, or to consider what adjustments might be reasonable in any particular set of circumstances. Where the appropriate regulator has not made any relevant specifications, awarding organisations are still under a legal duty to make reasonable adjustments for disabled candidates.

1.14 Section 96 does not create a power of appeal to the appropriate regulator. Where disabled candidates have been refused an adjustment by an awarding organisation, they may complain to the awarding organisation. Disabled candidates are also able to take such a complaint to court under equality legislation.

1.15 Section 96 does not give qualifications regulators responsibility for monitoring and enforcing equality law, nor can the regulator make decisions regarding what may or may not constitute discrimination. Decisions concerning what constitutes discrimination are ultimately a matter for the judicial system. The Equality and Human Rights Commission (EHRC) is the public sector body responsible for promoting, monitoring and enforcing equality legislation. The EHRC also provides advice and support to organisations and individuals on their duties and rights under equality law.