Education (Wales) Act 2014

Requirements to be satisfied to provide services

14School teachers and school learning support workers

(1)The Welsh Ministers may by regulations provide that specified services may not be provided by a person in a school unless—

(a)the person—

(i)is a qualified teacher (see section 132 of the 2002 Act), or

(ii)satisfies specified requirements, and

(b)the person is registered in a specified category of registration.

(2)Regulations under subsection (1) specifying services for the purpose of this section may make provision by reference to—

(a)one or more specified activities, or

(b)the circumstances in which activities are carried out.

(3)Provision made by virtue of subsection (2) may, in particular, be made by reference to an activity specified in a document of the kind mentioned in section 124(3) of the 2002 Act.

(4)A requirement of regulations under subsection (1) may, in particular, relate to—

(a)the possession of a specified qualification or experience of a specified kind;

(b)participation in or completion of a specified programme or course of training;

(c)compliance with a specified condition;

(d)an exercise of discretion by the Welsh Ministers, another specified person or another person of a specified description.

(5)Regulations under subsection (1) may limit the period of time during which work may be provided by a person in reliance on subsection (1)(a)(ii).

(6)In this section, “school” means—

(a)a school maintained by a local authority in Wales, and

(b)a special school in Wales not so maintained.

15Further education teachers

(1)The Welsh Ministers may by regulations—

(a)provide that education may not be provided by a person in or for a further education institution in Wales unless the person—

(i)has a specified qualification, and

(ii)is registered in the category of further education teacher;

(b)specify conditions to be complied with by or in respect of a person providing education in or for a further education institution in Wales.

(2)Regulations under subsection (1) may provide that a specified provision of the regulations is not to apply where a specified condition (which may refer to the opinion of a specified person) is satisfied.

(3)Regulations under subsection (1) may impose a function on—

(a)a local authority in Wales;

(b)a governing body (within the meaning of section 90(1) of the Further and Higher Education Act 1992 (c. 13)) of a further education institution in Wales.

(4)For the purposes of this section, “education” has the meaning given by section 140(3) of the 2002 Act.

16Further education learning support workers

(1)The Welsh Ministers may by regulations provide that a person may not (directly or indirectly) provide the services described in subsection (2) in or for a further education institution in Wales unless the person—

(a)satisfies any specified requirements, and

(b)is registered in the category of further education learning support worker.

(2)The services are—

(a)enabling or assisting a learner to participate in education,

(b)supporting a learner’s independence, achievement or progression, or

(c)supporting a person who is providing education in or for a further education institution.

(3)A requirement of regulations under subsection (1) may, in particular, relate to—

(a)the possession of a specified qualification or experience of a specified kind;

(b)participation in or completion of a specified programme or course of training;

(c)compliance with a specified condition;

(d)an exercise of discretion by the Welsh Ministers, another specified person or another person of a specified description.

(4)For the purposes of this section, “education” has the meaning given by section 140(3) of the 2002 Act.