The Education Workforce Council (Registration of Youth Workers, Youth Support Workers and Work Based Learning Practitioners) Order 2016

Made: 7 December 2016

Coming into force in accordance with article 1(2)

In accordance with section 47(2) of the Education (Wales) Act 2014, a draft of this Order was laid before the National Assembly for Wales and approved by a resolution of the National Assembly for Wales.

PART 1 — General

Title and commencement

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• (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.

Interpretation

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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[^f00002];

• “the 2023 Regulations” (“Rheoliadau 2023”) means the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023;

• “the 2023 Commencement Regulations” (“Rheoliadau Cychwyn 2023”) means the Professional Qualifications Act 2022 (Commencement No. 3) Regulations 2023;

• “Education Workforce Council (“Cyngor y Gweithlu Addysg”) means the Education Workforce Council continued in existence by section 2(1) of the 2014 Act;

• ...

• “relevant employer” (“cyflogwr perthnasol”) means a person who employs or otherwise engages persons to provide youth development services in Wales;

• ...

• “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[^f00003] in respect of the provision of work based learning.

PART 2 — YOUTH WORKERS

Youth workers: qualifications and alternative requirements

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• (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.

• (3) The Education Workforce Council must—

• (a) prepare and maintain a list of youth worker qualifications, and

• (b) inform the Welsh Ministers on an annual basis whether the list of youth worker qualifications specified in Part 1 of Schedule 1 should be amended.

Youth workers: requirement to register

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• (1) A person within paragraph (1A) must not provide youth development services in Wales for or on behalf of a relevant employer (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.

• (1A) A person is within this paragraph if—

• (a) the person falls within the category of youth worker in Table 1 in paragraph 1 of Schedule 2 to the 2014 Act, or

• (b) the person is working towards obtaining one of the qualifications specified as youth worker qualifications in Part 1 of Schedule 1.

• (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 3 — YOUTH SUPPORT WORKERS

Youth support workers: qualifications and alternative requirements

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• (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.

• (3) The Education Workforce Council must—

• (a) prepare and maintain a list of youth support worker qualifications, and

• (b) inform the Welsh Ministers on an annual basis whether the list of youth support worker qualifications specified in Part 1 of Schedule 2 should be amended.

Youth support workers: requirement to register

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• (1) A person within paragraph (1A) must not provide youth development services in Wales for or on behalf of a relevant employer (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.

• (1A) A person is within this paragraph if—

• (a) the person falls within the category of youth support worker in Table 1 in paragraph 1 of Schedule 2 to the 2014 Act, or

• (b) the person is working towards obtaining one of the qualifications specified as youth support worker qualifications in Part 1 of Schedule 2.

• (2) Paragraph (1) does not apply to a person who is—

• (a) 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); or

• (b) registered on a provisional basis as a youth worker in accordance with article 4.

PART 4 — WORK BASED LEARNING PRACTITIONERS

Requirement to register

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• (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 5 — AMENDMENTS TO THE 2014 ACT

Amendments to the 2014 Act

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• (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— a school maintained by a local authority in Wales; a special school in Wales not so maintained; - “work based learning” (“dysgu seiliedig ar waith”) means education or training provided— for persons aged 16 or above (regardless of whether it is also provided for persons under 16), and to develop knowledge and skills relevant to a particular trade, occupation or employer; - “work based learning practitioner services” (“gwasanaethau ymarferydd dysgu seiliedig ar waith”) are— the co-ordination and delivery of work based learning; the assessment of the knowledge and skills of a person receiving (or about to receive) work based learning; - “youth development services” (“gwasanaethau datblygu ieuenctid”) are services— provided mainly to persons who are aged no younger than 11 and no older than 25, and which promote— the development of the skills or knowledge of such persons, or the intellectual, emotional or social development of such persons.

SCHEDULE 1 — Youth Workers

PART 1 — Qualifications

Youth worker qualifications

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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.