The Education Workforce Council (Main Functions) (Wales) Regulations 2015

• (2) Persons mentioned in sub-paragraph (1) may carry out work specified in regulation 17 in a school (other than a pupil referral unit) under the supervision of a qualified teacher during any period in which they are undertaking practical teaching experience for the purposes of that course.

Qualified further education teachers teaching vocational courses within the local curriculum

6

• (1) This paragraph applies in the case of persons who hold qualifications required under regulation 3 of the 2002 Regulations.

• (2) Persons mentioned in sub-paragraph (1) may carry out work specified in regulation 17 in a school to the extent that the work comprises the delivery of vocational courses of study forming a part or the whole of a local curriculum that has been formed by a local authority pursuant to section 116A of the 2002 Act 2002³⁰, or by the Welsh Ministers pursuant to section 33A of the Learning and Skills Act 2000.

Employment-based teacher training scheme

7

• (1) This paragraph applies in the case of persons who are undertaking training for the purposes of an employment-based teacher training scheme.

• (2) Such persons may carry out work specified in regulation 17 in a school until they successfully complete or cease to undertake that training.

Other persons who may carry out specified work

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 — RECORDS MAINTAINED BY THE COUNCIL

PART 1 — Interpretation

1

For the purposes of this Schedule a reference to a registered person in Schedule 2 is be taken be a reference to one of the persons set out in Part 2 of this Schedule.

PART 2 — Persons the Council is required to maintain records for

2

Persons whose names have been removed from the Register other than those whose names were removed at their own request or who have died.

3

Persons who are ineligible for registration by virtue of section 10(3) of the 2014 Act.

4

Qualified teachers who are not registered teachers.

5

Persons who are not registered teachers and who have started a course for the initial training of teachers, whether or not they have completed such course.

6

Persons who are not qualified teachers who are employed as teachers in schools maintained by a local authority.

7

Persons who are not registered teachers who are preparing for, or who have obtained, the National Professional Qualification for Headship.

8

• (1) Persons not falling within any of the above mentioned categories and who are not registered persons, who—

• (a) have had an official reference number assigned to them; and

• (b) are, or have at any time been, employed as a teacher at a school or other educational institution.

• (2) Persons who are not registered in any category of registration but are eligible to be so registered and about whom the Council consider it appropriate to record the information set out in Part 2.

PART 3 — Information to be contained in the records

9

The information set out in paragraphs 3 to 25 of Part 1 of Schedule 2.

10

Where the person has been registered previously but has since been removed from the Register—

• (a) the category or categories of registration they were previously registered in;

• (b) the date of their first registration; and

• (c) the date they were last removed from the Register.

11

The information set out in Part 2 of Schedule 2.

12

Where the person is ineligible for registration pursuant to section 10 and regulations made under sections 12 or 13 of the 2014 Act, particulars of the direction, disciplinary order or other prohibition by virtue of which the person is ineligible for registration.

13

Where a person is ineligible for registration pursuant to section 10 of the 2014 Act because the Council are not satisfied as to the person’s suitability to be registered, particulars of the grounds on which the decision to refuse the application was taken.

14

Where the person’s name has been removed from the Register, particulars of the grounds on which the person’s name was removed from the Register.

15

If the person has been barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006), a statement of that fact.

16

If the person has been barred from regulated activity relating to vulnerable adults (within the meaning of section 3(3) of the Safeguarding Vulnerable Groups Act 2006), a statement of that fact.

SCHEDULE 5 — INFORMATION TO BE SUPPLIED TO THE COUNCIL

PART 1 — Information to be supplied by a relevant employer

1

A statement of reasons for ceasing to use the person’s services.

2

Employer’s records relating to the cessation of the use of the person’s services or any contemplated cessation, including notes and minutes of meetings, interview notes, and evidence supplied to or obtained by the employer.

3

Employer’s records relating to the conduct which eventually led to the cessation of the use of the person’s services or might, but for the person having ceased to provide those services, have led the employer to cease to use that person’s services, including notes and minutes of meetings, interview notes, and evidence supplied to or obtained by the employer.

4

Employer’s letters, warnings or notices issued to a person in relation to the cessation of the use of that person’s services or contemplated cessation, or the conduct which eventually led to the cessation of the use of the person’s services or might, but for the person having ceased to provide those services, have led the employer to cease to use that person’s services, and the person’s replies or representations in response.

5

Any other statements, representations and evidence submitted by a person to the employer in relation to the cessation of the use that person’s services or contemplated cessation, or the conduct which eventually led to the cessation of the use of the person’s services or might, but for the person having ceased to provide those services, have led the employer to cease to use that person’s services.

6

Letter advising of a person’s intention to cease to provide services.

7

Any other document or information which the employer considers is relevant to any investigation which may be carried out by an Investigating Committee or any proceedings which may be taken by an Investigating Committee or a Fitness to Practise Committee against a registered person.

PART 2 — Information to be supplied by an agent

8

A statement of reasons for terminating the arrangements.

9

Any records relating to the termination of the arrangements or any contemplated termination, including notes and minutes of meetings, interview notes, and evidence supplied to or obtained by the agent.

10

Any records relating to the conduct which eventually led to the termination of arrangements or might, but for the person having terminated arrangements, have led the agent to terminate them, or might, but for the person having ceased to make themselves available for work, have led the agent to refrain from making new arrangements, including notes and minutes of meetings, interview notes, and evidence supplied to or obtained by the agent.

11

Agent’s letters, warnings or notices issued to a person in relation to the termination of arrangements, or the conduct which eventually led to the termination of arrangements or might, but for the person having terminated arrangements, have led the agent to terminate them, or might, but for the person having ceased to make themselves available for work, have led the agent to refrain from making new arrangements, and the person’s replies or representations in response.

12

Any other statements, representations and evidence submitted by a person to the agent in relation to the termination of arrangements, or the conduct which eventually led to the termination of arrangements or might, but for the person having terminated arrangements, have led the agent to terminate them, or might, but for the person having ceased to make themselves available for work, have led the agent to refrain from making new arrangements.

13

The person’s letter terminating arrangements or ceasing to make themselves available for work.

14

Any other document or information which the agent considers is relevant to any investigation which may be carried out by an Investigating Committee or any proceedings which may be taken by an Investigating Committee or a Fitness to Practise Committee against a registered person.

Signed

Huw Lewis — Minister for Education and Skills, one of the Welsh Ministers — 2015-02-03

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

The General Teaching Council for Wales was re-named the Education Workforce Council (“the Council”) by section 2 of the Education (Wales) Act 2014 (“the 2014 Act”).

Part 1 of these Regulations sets out the provisions in relation to interpretation, the revocation of Regulations and the savings and transitional provisions.

Part 2 of these Regulations contains the provisions in relation to registration of the education workforce. Section 9 of the 2014 Act requires the Council to establish and maintain a register of the categories of person set out in the table in paragraph 1 of Schedule 2. Accordingly these Regulations make provision as to the form and manner in which the register is to be kept, and other matters relating to registration.

These Regulations revoke the Education (Specified Work and Registration) (Wales) Regulations 2010 (“the 2010 Regulations”). Part 2 of these Regulations re-make the provisions of the 2010 Regulations with some minor changes.

Part 3 of these Regulations specifies the work that may be carried out in schools by qualified teachers and persons who satisfy specified requirements. The requirements to be satisfied are specified in Schedule 3.

These Regulations also provide for qualified teachers carrying out specified work in schools to be registered with the Council (regulation 18).

Part 4 of these Regulations provides that unless a person meets any of the conditions prescribed in these Regulations they may not provide further education in or for a further education institution unless they are registered with the Council.

Part 5 of these Regulations makes provision in relation to the disciplinary functions of the Council. Sections 26 to 32 of the 2014 Act confer disciplinary functions on the Council in relation to persons registered in the register (“registered persons”).

Regulation 20 provides for the establishment of one or more Investigating Committees, which will investigate, and determine whether to pursue proceedings against, registered persons where it is alleged that the teacher is guilty of unacceptable professional conduct or serious professional incompetence, or has been convicted (at any time) of a relevant offence, or it appears to them that a registered person may be so guilty or has been so convicted. Regulation 21 makes further provision in relation to the delegation of those committees’ functions to employees of the Council.

Regulation 22 provides for the establishment of Fitness to Practice Committees, which will hear disciplinary proceedings concerning unacceptable professional conduct and relevant offences and have power to make disciplinary orders (prohibition orders, suspension orders, conditional registration orders or reprimands); and hear applications in relation to those orders with the exception of reprimands.

Section 33 of the 2014 Act allows the Welsh Ministers to make provision in relation to the maintenance of records by the Council. Accordingly Part 6 of these Regulations requires the Council to maintain records for the persons set out in Part 2 of Schedule 4 to these Regulations. The information that must be contained in those records is set out in Part 3 of Schedule 4 to these Regulations and is similar to the information that is recorded in the register established and maintained by the Council under section 9 of the 2014 Act.

Part 7 requires the employers of teachers registered with the Council and supply agencies to report cases of misconduct and incompetence to the Council. The information that must be supplied is set out in Schedule 5 to these Regulations.

Part 8 requires the Council to supply, on request, to registered persons and other persons about whom records are maintained, copies of the information held about them. Part 8 also requires the Council to supply information to employers and other bodies upon request.

Part 9 contains a provision in relation to service of notices pursuant to these Regulations.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

Footnotes

Editorial notes

PART 3A — Requirement to be registered: school learning support workers

School learning support workers

18A

• (1) A person must not support the provision of the services specified in regulation 17 in or for a school in Wales (except as a volunteer) unless—

• (a) the person is registered under section 9 of the 2014 Act (register maintained by the Council) in the category of school learning support worker; and

• (b) the head teacher is satisfied that the person has the skills, expertise, and experience to support the provision of the services in a school.

• (2) Paragraph (1) does not apply to a person who is registered under section 9 of the 2014 Act (register maintained by the Council) in the category of school teacher in so far as that person is supporting the provision of the services as part of the person’s role as a school teacher.

Part 4A — Requirement to be registered: further education learning support workers

Requirement to be registered: further education learning support workers

19A

• (1) A person must not provide the services set out in section 16(2) of the 2014 Act unless they are registered under section 9 of the 2014 Act (register maintained by the Council) in the category of further education learning support worker.

• (2) Paragraph (1) does not apply to a person who is registered under section 9 of the 2014 Act (register maintained by the Council) in the category of further education teacher in so far as that person is supporting the provision of the services as part of the person’s role as a further education teacher.

Establishment of Fitness to Practise

Proceedings of Fitness to Practise Committees

Requirements relating to further education teachers

Council to review list of specified qualifications

19ZA

The Council must review the list of specified qualifications and report to the Welsh Ministers on an annual basis any amendments which it considers may be required.

SCHEDULE 6 — Further education teachers

PART 1 — Qualifications

1

Table 1: Wales