Prospective

Prospective

PART 1E+WGeneral

Title and commencementE+W

1.—(1) The title of this Order is the Education Workforce Council (Registration of Youth Workers, Youth Support Workers and Work Based Learning Practitioners) Order 2016.

(2) This Order comes into force on 1 March 2017 except articles 4, 6 and 7 which come into force on 1 April 2017.

InterpretationE+W

2.  In this Order—

“the 2014 Act” (“Deddf 2014”) means the Education (Wales) Act 2014;

“the 2015 Regulations” (“Reoliadau 2015”) means the European Union (Recognition of Professional Qualifications) Regulations 2015(2);

“relevant body ” (“corff perthnasol”) means—

“voluntary body” (“corff gwirfoddol”) means a body, other than a body exercising functions of a public nature, the activities of which are not carried out for profit;

“work based learning body” (“corff dysgu seiliedig ar waith”) means a body to which financial resources are provided pursuant to section 34(1) of the Learning and Skills Act 2000(3) in respect of the provision of work based learning.

PART 2E+WYOUTH WORKERS

Youth workers: qualifications and alternative requirementsE+W

3.—(1) Part 1 of Schedule 1 to this Order sets out the youth worker qualifications for the purposes of the description of the category of youth worker in Table 1 in paragraph 1 of Schedule 2 to the 2014 Act.

(2) Part 2 of Schedule 1 to this Order sets out the alternative requirements for the purposes of that description.

Youth workers: requirement to registerE+W

4.—(1) A person falling within the category of youth worker in Table 1 in paragraph 1 of Schedule 2 to the 2014 Act must not provide youth development services for or on behalf of a relevant body (other than as a volunteer) unless he or she is registered under section 9 of the 2014 Act (register maintained by the Council) in the category of youth worker.

(2) But paragraph (1) does not apply to a person who is providing youth worker services in respect of which Part 2 of the 2015 Regulations apply (freedom to provide services in the United Kingdom on a temporary and occasional basis).

PART 3E+WYOUTH SUPPORT WORKERS

Youth support workers: qualifications and alternative requirementsE+W

5.—(1) Part 1 of Schedule 2 to this Order sets out the youth support worker qualifications for the purposes of the description of the category of youth support worker in Table 1 in paragraph 1 of Schedule 2 to the 2014 Act.

(2) Part 2 of Schedule 2 to this Order sets out the alternative requirement for the purposes of that description.

Youth support workers: requirement to registerE+W

6.—(1) A person falling within the category of youth support worker in Table 1 in paragraph 1 of Schedule 2 to the 2014 Act must not provide youth development services for or on behalf of a relevant body (other than as a volunteer) unless he or she is registered under section 9 of the 2014 Act in the category of youth support worker.

(2) Paragraph (1) does not apply to a person who is providing youth support worker services in respect of which Part 2 of the 2015 Regulations apply (freedom to provide services in the United Kingdom on a temporary and occasional basis).

PART 4E+WWORK BASED LEARNING PRACTITIONERS

Requirement to registerE+W

7.—(1) A person must not provide work based learning practitioner services for or on behalf of a work based learning body (other than as a volunteer) unless he or she is registered under section 9 of the 2014 Act in the category of work based learning practitioner.

(2) Paragraph (1) does not apply to a person who is providing work based learning practitioner services in respect of which Part 2 of the 2015 Regulations apply (freedom to provide services in the United Kingdom on a temporary and occasional basis).

PART 5E+WAMENDMENTS TO THE 2014 ACT

Amendments to the 2014 ActE+W

8.—(1) Schedule 2 to the 2014 Act is amended as set out in paragraphs (2) and (3).

(2) In Table 1 in paragraph 1 insert at the end of the Table—

(3) For paragraph 3 substitute—

“3.  In this Schedule—

“school” (“ysgol”) means—

“work based learning” (“dysgu seiliedig ar waith”) means education or training provided—

“work based learning practitioner services” (“gwasanaethau ymarferydd dysgu seiliedig ar waith”) are—

“youth development services” (“gwasanaethau datblygu ieuenctid”) are services—

Prospective

article 3

SCHEDULE 1E+WYouth Workers

PART 1E+WQualifications

Youth worker qualificationsE+W

1.  The youth worker qualifications are set out in this Part as follows—

(a)Table 1 sets out qualifications awarded by awarding bodies in Wales;

(b)Table 2 sets out qualifications awarded by awarding bodies in England;

(c)Table 3 sets out qualifications awarded by awarding bodies in Scotland;

(d)Table 4 sets out qualifications awarded by awarding bodies in Northern Ireland;

(e)Table 5 sets out qualifications awarded in the United Kingdom by other awarding bodies.

PART 2E+WAlternative Requirements

Alternative requirementsE+W

2.  A person meets the alternative requirements for the purposes of the youth worker category in Table 1 in paragraph 1 in Schedule 2 to the 2014 Act if that person—

(a)before 31 December 1988, was a qualified teacher within the meaning of Part 3 of the Education (Teachers) Regulations 1982(4) (see regulation 13), or

(b)is authorised to practice as a youth worker by virtue of Part 3 of the 2015 Regulations (freedom of establishment in the United Kingdom).

article 5

SCHEDULE 2E+WYouth Support Workers

PART 1E+WQualifications

InterpretationE+W

1.  In this Schedule—

“the 1996 (Scotland) Act” (“Deddf (Yr Alban) 1996”) means the Education (Scotland) Act 1996(5);

“the 2009 Act” (“Deddf 2009”) means the Apprenticeships, Skills, Children and Learning Act 2009(6);

“the 2015 Act” (“Deddf 2015”) means the Qualifications Wales Act 2015(7);

“the 1998 Order” (“Gorchymyn 1998”) means the Education (Northern Ireland) Order 1998(8);

“CCEA” (“CCEA”) means the Northern Ireland Council for the Curriculum, Examinations and Assessment continued in existence by article 73 of the 1998 Order;

“Ofqual” (“Ofqual”) means the Office of Qualifications and Examinations Regulation established under section 127 of the 2009 Act;

“SQA” (“SQA”) means the Scottish Qualifications Authority established under section 1 of the 1996 (Scotland) Act;

“Qualifications Wales” means the body established under section 2(1) of the 2015 Act.

Youth support worker qualificationsE+W

2.  Paragraphs 2 to 5 set out the youth support worker qualifications.

WalesE+W

3.—(1) A qualification set out in sub-paragraph (2) is a youth support worker qualification for the purposes of the youth support worker category in Table 1 in paragraph 1 in Schedule 2 to the 2014 Act if it was awarded by a body recognised by Qualifications Wales under Part 3 of the 2015 Act in respect of the award of that qualification.

(2) The qualifications are—

(a)Level 2 award in youth work practice;

(b)Level 2 certificate in youth work practice;

(c)Level 3 certificate in youth work practice;

(d)Level 3 diploma in youth work practice.

EnglandE+W

4.—(1) A qualification set out in sub-paragraph (2) is a youth support worker qualification for the purposes of the youth support worker category in Table 1 in paragraph 1 in Schedule 2 to the 2014 Act if it was awarded by a body recognised by Ofqual under section 132 of the 2009 Act in respect of the award of that qualification.

(2) The qualifications are—

(a)Level 2 certificate in working with young people;

(b)Level 2 award in youth work practice;

(c)Level 2 certificate in working with young people;

(d)Level 2 certificate in youth work practice;

(e)Level 3 award in working with vulnerable young people;

(f)Level 3 award in youth work practice;

(g)Level 3 certificate in working with vulnerable young people;

(h)Level 3 diploma in youth work practice;

(i)Level 4 award in working with vulnerable young people.

ScotlandE+W

5.—(1) A qualification set out in sub-paragraph (2) is a youth support worker qualification for the purposes of the youth support worker category in Table 1 in paragraph 1 in Schedule 2 to the 2014 Act if it was awarded by the SQA, or any body approved by the SQA under section 2(1) of the 1996 (Scotland) Act in respect of the award of that qualification.

(2) The qualifications are—

(a)Youth work SVQ 2;

(b)Youth work SVQ 3;

(c)SVQ youth justice 3.

Northern IrelandE+W

6.—(1) A qualification set out in sub-paragraph (2) is a youth support worker qualification for the purposes of the youth support worker category in Table 1 in paragraph 1 in Schedule 2 to the 2014 Act if it was awarded by the CCEA, or any body recognised by the CCEA under Part 8 of the 1998 Order in respect of the award of that qualification.

(2) The qualifications are—

(a)Level 2 award in community relations, equality and diversity in youth work practice;

(b)Level 2 award in understanding the role of the youth council;

(c)Level 2 certificate in community relations;

(d)equality and diversity in youth work practice;

(e)Level 2 certificate in youth work practice;

(f)Level 2 diploma in youth work practice;

(g)Level 3 award in youth work practice;

(h)Level 3 certificate in outreach and detached youth work;

(i)Level 3 certificate in peer support worker – theory and practice.

PART 2E+WAlternative Requirements

7.  A person meets the alternative requirements for the purposes of the youth support worker category in Table 1 in paragraph 1 in Schedule 2 to the 2014 Act if that person—E+W

(a)before 31 December 1988, was a qualified teacher within the meaning of Part 3 of the Education (Teachers) Regulations 1982 (see regulation 13), or

(b)is authorised to practice as a youth support worker by virtue of Part 3 of the 2015 Regulations (freedom of establishment in the United Kingdom).

Prospective

EXPLANATORY NOTE

(This note is not part of the Order)

The Education (Wales) Act 2014 (“the 2014 Act”) makes provision in relation to the Education Workforce Council (“the Council”). Part 2 of the 2014 Act confers functions on the Council in relation to persons who are required to register in the register the Council maintains in accordance with section 9 of that Act (“the Register”).

The categories of registered persons are set out in Table 1 in paragraph 1 in Schedule 2 to the 2014 Act. The Welsh Ministers have a power in paragraph 2 of that Schedule to add, amend or remove a category of registration. Accordingly, this Order amends Table 1 in in paragraph 1 in Schedule 2 to the 2014 Act to add the following categories of registered person (Part 4 of this Order)—

(a)youth worker;

(b)youth support worker; and

(c)work based learner practitioner.

The effect of Part 2 of this Order is to create a voluntary registration system for youth workers, so that any person providing youth development services may register with the Council. However, Part 2 also provides that a person must register with the Council if they want to provide youth development services for or on behalf of a relevant body (as defined in this Order) (article 3(1)).

Article 3(2) sets out an exception to the restriction in article 3(1); that exception applies where a person moves to the UK from another member state in the European Union to carry out work as a youth worker on a temporary and occasional basis. That person is not subject to the requirement to register (“the EU temporary and occasional worker exemption”). This provision ensures compliance with Part 2 of the European Union (Recognition of Professional Qualifications) Regulations 2015.

The effect of Part 3 of this Order is also to create a voluntary registration system for youth support workers, so that any person providing youth development services may register with the Council. However, Part 3 also provides that a person must register with the Council if they want to provide youth development services for or on behalf of a relevant body. Article 5(2) provides that the EU temporary and occasional worker exemption also applies to the restriction in article 5(1).

The effect of Part 4 of this Order is create a compulsory registration system for work based learning practitioners, so that any person providing work based learning practitioner services for or on behalf of a work based learning body (as defined in this Order) must register with the Council (article 7(1)). There is no provision for voluntary registration of work based learning practitioners.

The amended table in paragraph 1 in Schedule 2 to the 2014 Act describes a work based learning practitioner as a person who provides work based learning practitioner services for or on behalf of a work based learning body. A work based learning body is a body which is funded by the Welsh Ministers to provide work based learning services. A list of such bodies can be found on the Welsh Government website at www.learning.gov.wales.

The description of a work based learning practitioner includes a number of professional roles involved in the delivery of work based learning. Those roles are often known within the profession as work based learning “mentors”, “coaches” and “assessors”. Article 7(2) provides that the EU temporary and occasional worker exemption also applies to the restriction in article 7(1).

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Department for Education and Public Services in the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.