LegalizeThe 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
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.
Interpretation
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[^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
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.
- (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
4
- (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
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.
- (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
6
- (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
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 5 — AMENDMENTS TO THE 2014 ACT
Amendments to the 2014 Act
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—
| Youth worker | A person who provides (or wishes to provide) youth development services and who— possesses at least one of the qualifications specified as youth worker qualifications in an order made under paragraph 2, or otherwise meets such alternative requirements as are specified in an order under that paragraph. |
|---|---|
| Youth support worker | A person who provides (or wishes to provide) youth development services and who– possesses at least one of the qualifications specified as youth support worker qualifications in an order made under paragraph 2, or otherwise meets such alternative requirements as are specified in an order under that paragraph. |
| Work based learning practitioner | A person who provides (or wishes to provide) work based learning practitioner services. |
- (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
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.
| Qualifications in relation to Wales | Awarding body |
|---|---|
| Higher education diploma in community education | Cardiff Metropolitan University |
| Higher education diploma in youth and community work | Glyndŵr University |
| Postgraduate degree in the community professions | Cardiff Metropolitan UniversityThe University of Wales Institute, Cardiff |
| Postgraduate degree in working for children and young people (youth work initial qualifying) | University of South Wales |
| Postgraduate degree in youth and community education | Glyndŵr UniversityNorth East Wales Institute of Higher Education |
| Postgraduate degree in youth and community studies | Glyndŵr UniversityNorth East Wales Institute of Higher Education |
| Postgraduate degree in youth and community work | Trinity College CarmarthenUniversity of Wales: Trinity Saint David |
| Postgraduate degree in youth and community work | Wrexham Glyndŵr University |
| Postgraduate degree in youth and community work with postgraduate diploma in youth and community work | Cardiff Metropolitan University |
| Postgraduate degree in youth work and social education | University of Wales Trinity Saint David |
| Postgraduate diploma in community professions (youth and community work) | Cardiff Metropolitan UniversityThe University of Wales Institute, Cardiff |
| Postgraduate diploma in working for children and young people (youth work initial qualifying) | University of South Wales |
| Postgraduate diploma in youth and community education | Glyndŵr UniversityNorth East Wales Institute of Higher Education |
| Postgraduate diploma in youth and community work | Cardiff Metropolitan UniversityGlyndŵr UniversityNorth East Wales Institute of Higher EducationTrinity College CarmarthenUniversity of South WalesUniversity of Wales: Trinity Saint DavidThe University of Wales Institute, CardiffUniversity of Wales Newport Higher Education Corporation |
| Postgraduate diploma in youth and community work | Wrexham Glyndŵr University |
| Postgraduate diploma in youth work and social education | University of Wales Trinity Saint David |
| Undergraduate degree in community education | Cardiff Metropolitan UniversityThe University of Wales Institute, Cardiff |
| Undergraduate degree in youth and community work | Cardiff Metropolitan UniversityGlyndŵr UniversityNorth East Wales Institute of Higher EducationThe University of Wales Institute, CardiffTrinity College CarmarthenUniversity of South WalesUniversity of Wales: Trinity Saint DavidUniversity of Wales Newport Higher Education Corporation |
| Undergraduate degree in youth and community work (sport) | University of South WalesUniversity of Wales Newport Higher Education Corporation |
| Undergraduate degree in youth and community work (youth justice) | University of South WalesUniversity of Wales Newport Higher Education Corporation |
| Undergraduate degree in youth work and social education | University of Wales Trinity Saint David |
| Undergraduate degree in youth work and social education with foundation year | University of Wales Trinity Saint David |
| Qualifications in relation England | Awarding body |
| --- | --- |
| Diploma in community and youth work studies | University of Manchester |
| Graduate diploma in youth and community development | University of CumbriaSt Martin’s College |
| Graduate diploma in youth and community development work | University of CumbriaSt Martin’s College |
| Graduate diploma in youth work | Sheffield Hallam University |
| Graduate diploma in youth work and ministry | Oasis CollegeOasis Trust |
| Higher education diploma in youth work and community | Bristol PolytechnicJohn Moores UniversityUniversity of the West of England |
| Postgraduate certificate in youth and community work | Brunel University |
| Postgraduate degree in applied anthropology and community and youth work | Goldsmiths College, University of London |
| Postgraduate degree in childhood and youth studies (youth work) | University of Sunderland |
| Postgraduate degree in professional studies (youth and community work) | University of Huddersfield |
| Postgraduate degree in youth and community leadership | University of Northampton |
| Postgraduate degree in youth and community work | College of St Mark & St JohnEdgehill UniversityLiverpool Hope University London Metropolitan University University College Plymouth, St Mark & St JohnNewman UniversityUniversity of DurhamUniversity of HullUniversity of NorthamptonUniversity of St Mark & St John |
| Postgraduate degree in youth and community work development | De Montfort University |
| Postgraduate degree in youth work | University of GloucestershireUniversity of Teesside |
| Postgraduate degree in youth work and community development | University of Teesside |
| Postgraduate degree in youth work, leadership and practice | Nottingham Trent University |
| Postgraduate diploma in applied anthropology and community and youth work | Goldsmiths College, University of LondonTurning Point College |
| Postgraduate diploma in applied theology (youth and community work) | Moorlands College |
| Postgraduate diploma in childhood, youth and family studies: youth work pathway | University of Bedfordshire |
| Postgraduate diploma in professional studies (youth and community work) | University of Huddersfield |
| Postgraduate diploma in youth and community development | Bradford CollegeBrunel UniversityCollege of St Mark & St John PlymouthLeeds Beckett UniversityLeeds Metropolitan UniversityManchester Metropolitan UniversityUniversity College BirminghamUniversity College Plymouth, St Mark & St JohnUniversity of CumbriaUniversity of East LondonUniversity of St Mark & St John |
| Postgraduate diploma in youth and community development | Bradford College |
| Postgraduate diploma in youth and community work | Bradford CollegeBrunel UniversityLeeds Beckett UniversityLeeds Metropolitan UniversityNewman UniversityManchester Metropolitan UniversitySt Martin’s CollegeUniversity College BirminghamUniversity of CumbriaUniversity of East LondonUniversity of St Mark & St JohnCollege of St Mark & St John PlymouthUniversity College Plymouth, St Mark & St John |
| Postgraduate diploma in youth and community work development | De Montfort UniversityManchester Metropolitan UniversityLeicester Polytechnic |
| Postgraduate diploma in youth work | University of GloucestershireUniversity of Teesside |
| Postgraduate diploma in youth work and community development | University of Teesside |
| Postgraduate diploma in youth work, health and community leadership | De Montfort University |
| Postgraduate diploma in youth work, leadership and practice | Nottingham Trent University |
| Undergraduate degree in applied community and youth work studies | University of DerbyUniversity of Manchester |
| Undergraduate degree in applied social science, community development and youth work | Goldsmiths College, University of London |
| Undergraduate degree in applied studies children and youth work | Bishop Grosseteste University |
| Undergraduate degree in applied theology (youth and community work) | Moorlands College |
| Undergraduate degree in Christian youth work | University of Chester |
| Undergraduate degree in community and youth studies | Bulmershe College of Higher EducationUniversity of Reading |
| Undergraduate degree in community and youth work | York St John University |
| Undergraduate degree in community and youth work studies | University of Durham |
| Undergraduate degree in community development and youth work | Ruskin College, Oxford University of Wolverhampton |
| Undergraduate degree in community development and youth work | University of Bolton |
| Undergraduate degree in community youth work | Sunderland University |
| Undergraduate degree in education studies: youth and community work | University of Hull |
| Undergraduate degree in integrated youth work and support | Middlesex University |
| Undergraduate degree in professional studies childhood and youth (youth work pathway) | Bishop Grosseteste University |
| Undergraduate degree in professional studies in children and youth work | Bishop Grosseteste University |
| Undergraduate degree in social science, community development and youth work | Goldsmiths College, University of London |
| Undergraduate degree in theology, youth work and ministry | Nazarene Theological College |
| Undergraduate degree in working with young people and communities (youth work) | University of Derby |
| Undergraduate degree in youth and community development | Bradford CollegeDe Montfort UniversityLeicester Polytechnic |
| Undergraduate degree in youth and community services | University of Worcester |
| Undergraduate degree in youth and community studies | University of CumbriaUniversity of Sunderland |
| Undergraduate degree in youth and community work | Anglia Polytechnic UniversityAnglia Ruskin UniversityBradford CollegeBrunel UniversityLeeds Metropolitan UniversityManchester Metropolitan University Newman University Ruskin College, OxfordSheffield Hallam UniversitySt Helens CollegeSt Martin’s CollegeThames Polytechnic University of Bedfordshire University College Plymouth, St Mark & St JohnUniversity of BedfordshireUniversity of BoltonUniversity of ChichesterUniversity of CumbriaUniversity of East LondonUniversity of GreenwichUniversity of HuddersfieldUniversity of St Mark & St JohnUniversity of WorcesterYork St John University |
| Undergraduate degree in youth and community work studies | Sunderland University |
| Undergraduate degree in youth and community work with Christian, Muslim and secular pathways | Newman University |
| Undergraduate degree in youth studies | University of CumbriaSt Martin’s College |
| Undergraduate degree in youth work | Brunel UniversityCoventry UniversityLondon Metropolitan UniversityMiddlesex University Nottingham Trent University University of BrightonUniversity of ChesterUniversity of Cumbria University of East London University of Gloucestershire |
| Undergraduate degree in youth work and communities | Birmingham City University |
| Undergraduate degree in youth work and community development | De Montfort UniversityLeeds Beckett UniversityLeeds Metropolitan University Liverpool Hope University University of CumbriaUniversity of Hull |
| Undergraduate degree in youth work and community development (with pathways) | University of Derby |
| Undergraduate degree in youth work and community practice | University of Central Lancashire |
| Undergraduate degree in youth work and community services | University of Teesside |
| Undergraduate degree in youth work and ministry | Oasis CollegeOasis Trust |
| Qualifications in relation to Scotland | Awarding body |
| --- | --- |
| Diploma in adult and continuing education | University of Glasgow |
| Diploma in community education | Moray House Institute of EducationUniversity of Edinburgh |
| Postgraduate certificate in community education | Jordanhill College of EducationMoray House Institute of EducationNorthern College of EducationUniversity of AberdeenUniversity of EdinburghUniversity of StrathclydeWest of Scotland University |
| Postgraduate certificate in youth work | Jordanhill College of EducationMoray House Institute of EducationUniversity of EdinburghUniversity of Strathclyde |
| Postgraduate degree in adult and continuing education | University of Glasgow |
| Postgraduate degree in community education | Moray House Institute of EducationUniversity of Edinburgh |
| Postgraduate diploma in adult education, community development and youth work | University of Glasgow |
| Postgraduate diploma in community education | Northern College of EducationMoray House Institute of EducationUniversity of AberdeenUniversity of Edinburgh |
| Postgraduate diploma in community education | University of Dundee |
| Postgraduate diploma in community learning and development | Northern College of EducationUniversity of AberdeenUniversity of DundeeUniversity of Glasgow |
| Postgraduate diploma in community learning and development with applied theology | International Christian College |
| Undergraduate degree in community development | University of Glasgow |
| Undergraduate degree in community development and learning | University of Dundee |
| Undergraduate degree in community development and learning | University of Glasgow |
| Undergraduate degree in community education | Jordanhill College of EducationNorthern College of EducationMoray House Institute of EducationUniversity of AberdeenUniversity of EdinburghWest of Scotland UniversityUniversity of Strathclyde |
| Undergraduate degree in community education (including work based route) | University of Dundee |
| Undergraduate degree in community education and community development | University of Glasgow |
| Undergraduate degree in community learning and development | University of GlasgowNorthern College of EducationUniversity of AberdeenUniversity of Dundee |
| Undergraduate degree in community learning and participation | West of Scotland University |
| Undergraduate degree in learning in communities | Moray House Institute of Education University of Edinburgh |
| Undergraduate degree in youth work | Edinburgh Napier University |
| Undergraduate degree in youth work with applied theology | International Christian College |
| Qualifications in relation Northern Ireland | Awarding body |
| --- | --- |
| Postgraduate diploma in community youth work | University of Ulster |
| Undergraduate degree in applied theology (youth and community work) | Moorlands College and Youth Link |
| Undergraduate degree in community youth work | University of Ulster |
| Qualifications | Awarding body |
| --- | --- |
| Postgraduate degree in youth work and community learning and development | YMCA George Williams College |
| Postgraduate diploma in mission and ministry (youth and community work) | Institute for Children, Youth and Mission |
| Postgraduate diploma in youth work and community learning and development | YMCA George Williams College |
| Undergraduate degree in children, young people and families | YMCA George Williams College |
| Undergraduate degree in informal education | YMCA George Williams College |
| Undergraduate degree in informal education (youth work and community learning and development) | YMCA George Williams College |
| Undergraduate degree in practical theology (community youth work) | Institute for Children, Youth and Mission |
| Undergraduate degree in school, youth and community work and practical theology | Institute for Children, Youth and Mission |
| Undergraduate degree in working with young people/youth work | Open University |
| Undergraduate degree in youth and community work | Institute for Children Youth and Mission |
| Undergraduate degree in youth and community work and practical theology | Centre for Youth MinistryInstitute for Children Youth and Mission |
| Undergraduate degree in youth work | Open University |
PART 2 — Alternative Requirements
Alternative requirements
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[^f00004] (see regulation 13), ...
- (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) ,
- (c) is, as respects the profession of youth worker, entitled to practise pursuant to the 2023 Regulations, or
- (d) is authorised to practice as a youth worker by virtue of a decision taken or determination made under the 2015 Regulations in accordance with paragraphs 1, 2(2) and (3) of Schedule 1 to the 2023 Commencement Regulations.
SCHEDULE 2 — Youth Support Workers
PART 1 — Qualifications
Interpretation
1
In this Schedule—
- “the 1996 (Scotland) Act” (“Deddf (Yr Alban) 1996”) means the Education (Scotland) Act 1996[^f00005];
- “the 2009 Act” (“Deddf 2009”) means the Apprenticeships, Skills, Children and Learning Act 2009[^f00006];
- “the 2015 Act” (“Deddf 2015”) means the Qualifications Wales Act 2015[^f00007];
- “the 1998 Order” (“Gorchymyn 1998”) means the Education (Northern Ireland) Order 1998[^f00008];
- “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 qualifications
2
Paragraphs 2 to 5 set out the youth support worker qualifications.
Wales
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) Level 3 certificate in youth work practice;
- (d) Level 3 diploma in youth work practice.
England
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (f) Level 3 certificate in youth work practice;
- (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (h) Level 3 diploma in youth work practice;
- (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Scotland
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) Youth work SVQ 3;
- (c) SVQ youth justice 3.
Northern Ireland
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (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 2 — Alternative 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—
- (a) before 31 December 1988, was a qualified teacher within the meaning of Part 3 of the Education (Teachers) Regulations 1982 (see regulation 13), ...
- (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) ,
- (c) is, as respects the profession of youth support worker, entitled to practise pursuant to the 2023 Regulations, or
- (d) is authorised to practice as a youth support worker by virtue of a decision taken or determination made under the 2015 Regulations in accordance with paragraphs 1, 2(2) and (3) of Schedule 1 to the 2023 Commencement Regulations.
Signed
Julie James — Minister for Skills and Science under the authority of the Cabinet Secretary for Education, one of the Welsh Ministers — 7 December 2016
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
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.
Footnotes
[^f00001]: 2014 anaw 5.
[^f00002]: S.I. 2015/2059.
[^f00003]: 2000 c.21.
[^f00004]: S.I. 1982/106 as amended by S.I. 1988/542 and S.I. 1989/329. S.I.1982/106 was revoked by S.I. 1989/1319.
[^f00005]: 1996 c.43.
[^f00006]: 2009 c.22.
[^f00007]: 2015 anaw 5.
[^f00008]: S.I. 1998/1759 (N.I. 13) as amended by S.I. 2006/1915 (N.I. 11).
Editorial notes
[^key-cb5da0349c3abe7cc5e47c84070a439a]: Art. 8 in force at 1.3.2017, see art. 1(2)
[^key-fdacc7152d20d8934a436c0e97687866]: Art. 1 in force at 1.3.2017, see art. 1(2)
[^key-34315b4760b648ed1b809aa1e4807e1e]: Art. 2 in force at 1.3.2017, see art. 1(2)
[^key-04f7b81b50adc9af330785f819ec93e0]: Art. 3 in force at 1.3.2017, see art. 1(2)
[^key-5c62f9724d15b31f100937d126631b98]: Art. 5 in force at 1.3.2017, see art. 1(2)
[^key-d7aa8da6538d6de00b6ab0d3efd6e461]: Sch. 2 para. 3 in force at 1.3.2017, see art. 1(2)
[^key-33a6a5dcf7c3d70874f550ccec337a4e]: Sch. 2 para. 4 in force at 1.3.2017, see art. 1(2)
[^key-d4e90dcebafe79f44c13e061736462f4]: Sch. 2 para. 5 in force at 1.3.2017, see art. 1(2)
[^key-fc399b4ac0b1925d9712a7d7fb4ef02c]: Sch. 2 para. 6 in force at 1.3.2017, see art. 1(2)
[^key-affc9f45d34002004bd961858f9478f8]: Sch. 1 para. 1 in force at 1.3.2017, see art. 1(2)
[^key-615c42e8aabf7e62d8c67b986cb36acd]: Sch. 1 para. 2 in force at 1.3.2017, see art. 1(2)
[^key-3a80bda65b659dbfcf1cd371ec9c8e38]: Sch. 2 para. 1 in force at 1.3.2017, see art. 1(2)
[^key-c85b2933299a6c6d8f4d27abdd6bf90e]: Sch. 2 para. 2 in force at 1.3.2017, see art. 1(2)
[^key-a13b2a50f3e0af6bdd8faf856f10f650]: Sch. 2 para. 7 in force at 1.3.2017, see art. 1(2)
[^key-871d030a3d17c5271ea7079249bd179b]: Art. 4 in force at 1.4.2017, see art. 1(2)
[^key-6d45b61679b5b214d4abc528ead76965]: Art. 6 in force at 1.4.2017, see art. 1(2)
[^key-69e170762d6e5dd60212dcdd4e570538]: Art. 7 in force at 1.4.2017, see art. 1(2)
[^key-ad09842633d64a0b7eecdbc9b525dffd]: Art. 3A inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(4)
[^key-3f1ebbdd68018f5b5b546938d104b7aa]: Art. 5A inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(7)
[^key-573b3080880ea886fd7bc21c0dc3f1dc]: Words in art. 2 omitted (22.5.2023) by virtue of The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(2)(a)
[^key-a3efa82eec4dce8edb1cea0e62d154e2]: Words in art. 2 inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(2)(b)
[^key-fb1aae0b0f546a19e32a22db86368a6f]: Art. 3(3) inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(3)
[^key-e3ab1a59df6d49be5498db325063e4c2]: Art. 4(1A) inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(5)(b)
[^key-679c414e197d91cea1a14efc46c0a22e]: Words in art. 4(1) substituted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(5)(a)(i)
[^key-bce0a7bd2f9f913ed0dde282b6d7b8a9]: Words in art. 4(1) inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(5)(a)(ii)
[^key-f315d892832eba5b6ffdd655d0664a94]: Word in art. 4(1) substituted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(5)(a)(iii)
[^key-369efc8d54715e20f0a06305536312e4]: Art. 5(3) inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(6)
[^key-a5300366040d6209362479027968a340]: Art. 6(1A) inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(8)(b)
[^key-6f5c444c51ba4b49b0c2a56665fa5fae]: Words in art. 6(1) substituted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(8)(a)(i)
[^key-a0b923cdbea33f181b98260eee63402c]: Words in art. 6(1) inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(8)(a)(ii)
[^key-27b3ec66c309aa261c5df03f3f1a4010]: Word in art. 6(1) substituted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(8)(a)(iii)
[^key-75fad28ea5c16fe91d76cefd4e34d359]: Art. 6(2) substituted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(8)(c)
[^key-abbbe8b97e839ee80e3bb14cfe39b15d]: Sch. 2 para. 3(2)(a) omitted (22.5.2023) by virtue of The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(10)(a) (with art. 9(11))
[^key-8968e8d392a2de13bb92fd75ee362bf7]: Sch. 2 para. 3(2)(b) omitted (22.5.2023) by virtue of The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(10)(a) (with art. 9(11))
[^key-b49f1a32e755a80c844690e963346a02]: Sch. 2 para. 4(2)(g) omitted (22.5.2023) by virtue of The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(10)(b)(i) (with art. 9(11))
[^key-adabfc637cd75c28e7b435cc8c08eebc]: Sch. 2 para. 4(2)(i) omitted (22.5.2023) by virtue of The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(10)(b)(i) (with art. 9(11))
[^key-f2098d755e31428cd176a6fc88c4fca4]: Word in Sch. 2 para. 4(2)(f) substituted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(10)(b)(ii) (with art. 9(11))
[^key-bfadaea6ab0cdde64b5a3630373fa86f]: Sch. 2 para. 4(2)(a)-(e) omitted (22.5.2023) by virtue of The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(10)(b)(i) (with art. 9(11))
[^key-68f9da3fd870d2148d5a04e325274ae8]: Sch. 2 para. 5(2)(a) omitted (22.5.2023) by virtue of The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(10)(c) (with art. 9(11))
[^key-f6b0d8f724b2b9a3842dedb7ccc4cc1f]: Sch. 2 para. 6(2)(a)-(f) omitted (22.5.2023) by virtue of The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), arts. 1(2), 9(10)(d) (with art. 9(11))
[^key-1403726cdafb17bde26b39eb4ec15a3c]: Words in Sch. 1 Table 1 inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), art. 1(2), Sch. para. 1(2)
[^key-49cfc8e426c4b21b30e189b06e4d8a2d]: Words in Sch. 1 Table 2 inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), art. 1(2), Sch. para. 1(3)(a)
[^key-9689b0748bcc271cf54601c7c7798414]: Words in Sch. 1 Table 2 inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), art. 1(2), Sch. para. 1(3)(b)
[^key-769d68a72c6cf251993132c6c22d3012]: Words in Sch. 1 Table 2 inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), art. 1(2), Sch. para. 1(3)(c)
[^key-cd4352f3176161440b1cbdb49ef173a9]: Words in Sch. 1 Table 2 inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), art. 1(2), Sch. para. 1(3)(d)
[^key-6393ea73ab33058668b1920d607f71d2]: Words in Sch. 1 Table 2 inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), art. 1(2), Sch. para. 1(3)(e)
[^key-b3262a00aba1f91f22768595cacc1b8d]: Words in Sch. 1 Table 2 inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), art. 1(2), Sch. para. 1(3)(f)
[^key-fa41ff25a741e5b35643793bf0676db4]: Words in Sch. 1 Table 2 inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), art. 1(2), Sch. para. 1(3)(g)
[^key-aaff01f98d69ba49078fe6337e9e60ee]: Words in Sch. 1 Table 3 inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), art. 1(2), Sch. para. 1(4)
[^key-5a1494121b87e74be8dd65a0039e526b]: Words in Sch. 1 Table 4 inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), art. 1(2), Sch. para. 1(5)
[^key-0333ab8887e3024340bde4ac16b975a9]: Words in Sch. 1 Table 5 inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551), art. 1(2), Sch. para. 1(6)
[^key-ec12728bcb8e8b1494c09b5a54b1aa5b]: Words in art. 2 inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023 (S.I. 2023/1294), reg. 1, Sch. 3 para. 3(2)
[^key-2534e62dd183e913700eb6fda772c195]: Words in art. 2 inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023 (S.I. 2023/1294), reg. 1, Sch. 4 para. 2(2)
[^key-0885682b1171fc5f20ce21a6fd56f5d2]: Sch. 1 para. 2(c) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023 (S.I. 2023/1294), reg. 1, Sch. 3 para. 3(3)(c)
[^key-545e4f0f96d546a74f62b045522b544b]: Sch. 1 para. 2(d) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023 (S.I. 2023/1294), reg. 1, Sch. 4 para. 2(3)
[^key-ef8372feede05392e3c55f3aa44e7097]: Word in Sch. 1 para. 2(a) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023 (S.I. 2023/1294), reg. 1, Sch. 3 para. 3(3)(a)
[^key-31bed96c54c48a0e2ef19c9d49df2b7f]: Sch. 1 para. 2(b): comma substituted for full stop (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023 (S.I. 2023/1294), reg. 1, Sch. 3 para. 3(3)(b)
[^key-f10312ab3ff1b7022df75088c23ddc86]: Sch. 2 para. 7(c) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023 (S.I. 2023/1294), reg. 1, Sch. 3 para. 3(4)(c)
[^key-393dd19e6070d1168d6e5abb94c002ce]: Sch. 2 para. 7(d) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023 (S.I. 2023/1294), reg. 1, Sch. 4 para. 2(4)
[^key-a6042f3d0635fd59a563d273852d38f3]: Word in Sch. 2 para. 7(a) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023 (S.I. 2023/1294), reg. 1, Sch. 3 para. 3(4)(a)
[^key-c6c533a58fb948ae341d2a56e71e6e17]: Sch. 2 para. 7(b): comma substituted for full stop (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023 (S.I. 2023/1294), reg. 1, Sch. 3 para. 3(4)(b)
Provisional registration of youth workers
3A
A person may be registered on a provisional basis as a youth worker if the person is working towards obtaining one of the qualifications specified as youth worker qualifications in Part 1 of Schedule 1.
Youth workers: requirement to register
Provisional registration of youth support workers
5A
A person may be registered on a provisional basis as a youth support worker if the person is working towards obtaining one of the qualifications specified as youth support worker qualifications in Part 1 of Schedule 2.
Youth support workers: requirement to register
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.