PART 1 — General
(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.
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 ;
“ 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 in respect of the provision of work based learning.
PART 2 — YOUTH WORKERS
(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.
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.
(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
(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.
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.
(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
(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
(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—
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.
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.
(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.
Schedules
SCHEDULE 1 — Youth Workers
PART 1 — Qualifications
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.
Cardiff Metropolitan University
The University of Wales Institute, Cardiff
Glyndŵr University
North East Wales Institute of Higher Education
Glyndŵr University
North East Wales Institute of Higher Education
Trinity College Carmarthen
University of Wales: Trinity Saint David
Cardiff Metropolitan University
The University of Wales Institute, Cardiff
Glyndŵr University
North East Wales Institute of Higher Education
Cardiff Metropolitan University
Glyndŵr University
North East Wales Institute of Higher Education
Trinity College Carmarthen
University of South Wales
University of Wales: Trinity Saint David
The University of Wales Institute, Cardiff
University of Wales Newport Higher Education Corporation
Cardiff Metropolitan University
The University of Wales Institute, Cardiff
Cardiff Metropolitan University
Glyndŵr University
North East Wales Institute of Higher Education
The University of Wales Institute, Cardiff
Trinity College Carmarthen
University of South Wales
University of Wales: Trinity Saint David
University of Wales Newport Higher Education Corporation
University of South Wales
University of Wales Newport Higher Education Corporation
University of South Wales
University of Wales Newport Higher Education Corporation
University of Cumbria
St Martin’s College
University of Cumbria
St Martin’s College
Oasis College
Oasis Trust
Bristol Polytechnic
John Moores University
University of the West of England
College of St Mark & St John
Edgehill University
Liverpool Hope University
London Metropolitan University
University College Plymouth, St Mark & St John
Newman University
University of Durham
University of Hull
University of Northampton
University of St Mark & St John
University of Gloucestershire
University of Teesside
Goldsmiths College, University of London
Turning Point College
Bradford College
Brunel University
College of St Mark & St John Plymouth
Leeds Beckett University
Leeds Metropolitan University
Manchester Metropolitan University
University College Birmingham
University College Plymouth, St Mark & St John
University of Cumbria
University of East London
University of St Mark & St John
Bradford College
Brunel University
Leeds Beckett University
Leeds Metropolitan University
Newman University
Manchester Metropolitan University
St Martin’s College
University College Birmingham
University of Cumbria
University of East London
University of St Mark & St John
College of St Mark & St John Plymouth
University College Plymouth, St Mark & St John
De Montfort University
Manchester Metropolitan University
Leicester Polytechnic
University of Gloucestershire
University of Teesside
University of Derby
University of Manchester
Bulmershe College of Higher Education
University of Reading
Ruskin College, Oxford
University of Wolverhampton
Bradford College
De Montfort University
Leicester Polytechnic
University of Cumbria
University of Sunderland
Anglia Polytechnic University
Anglia Ruskin University
Bradford College
Brunel University
Leeds Metropolitan University
Manchester Metropolitan University
Newman University
Ruskin College, Oxford
Sheffield Hallam University
St Helens College
St Martin’s College
Thames Polytechnic
University of Bedfordshire
University College Plymouth, St Mark & St John
University of Bedfordshire
University of Bolton
University of Chichester
University of Cumbria
University of East London
University of Greenwich
University of Huddersfield
University of St Mark & St John
University of Worcester
York St John University
University of Cumbria
St Martin’s College
Brunel University
Coventry University
London Metropolitan University
Middlesex University
Nottingham Trent University
University of Brighton
University of Chester
University of Cumbria
University of East London
University of Gloucestershire
De Montfort University
Leeds Beckett University
Leeds Metropolitan University
Liverpool Hope University
University of Cumbria
University of Hull
Oasis College
Oasis Trust
Moray House Institute of Education
University of Edinburgh
Jordanhill College of Education
Moray House Institute of Education
Northern College of Education
University of Aberdeen
University of Edinburgh
University of Strathclyde
West of Scotland University
Jordanhill College of Education
Moray House Institute of Education
University of Edinburgh
University of Strathclyde
Moray House Institute of Education
University of Edinburgh
Northern College of Education
Moray House Institute of Education
University of Aberdeen
University of Edinburgh
Northern College of Education
University of Aberdeen
University of Dundee
University of Glasgow
Jordanhill College of Education
Northern College of Education
Moray House Institute of Education
University of Aberdeen
University of Edinburgh
West of Scotland University
University of Strathclyde
University of Glasgow
Northern College of Education
University of Aberdeen
University of Dundee
Centre for Youth Ministry
Institute for Children Youth and Mission
PART 2 — Alternative Requirements
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 (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
In this Schedule—
“the 1996 (Scotland) Act ” ( “ Deddf (Yr Alban) 1996 ” ) means the Education (Scotland) Act 1996 ;
“the 2009 Act ” ( “ Deddf 2009 ” ) means the Apprenticeships, Skills, Children and Learning Act 2009 ;
“the 2015 Act ” ( “ Deddf 2015 ” ) means the Qualifications Wales Act 2015 ;
“the 1998 Order ” ( “ Gorchymyn 1998 ” ) means the Education (Northern Ireland) Order 1998 ;
“ 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.
Paragraphs 2 to 5 set out the youth support worker qualifications.
(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.
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
(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
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.
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