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SourceS.I. 2016/1183 (W.)

The Education Workforce Council (Registration of Youth Workers, Youth Support Workers and Work Based Learning Practitioners) Order 2016 (S.I. 2016/1183 (W.))

SI · In force · Made 7 December 2016 · 19 articles

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”).

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PART 1 — General
art 1Title and commencementOpen ↗
(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.
art 2InterpretationOpen ↗
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
art 3Youth workers: qualifications and alternative requirementsOpen ↗
(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.
art 4Youth workers: requirement to registerOpen ↗
(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
art 5Youth support workers: qualifications and alternative requirementsOpen ↗
(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.
art 6Youth support workers: requirement to registerOpen ↗
(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
art 7Requirement to registerOpen ↗
(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
art 8Amendments to the 2014 ActOpen ↗
(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
Sch 1 para 1Youth worker qualificationsOpen ↗
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
Sch 1 para 2Alternative requirementsOpen ↗
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
Sch 2 para 1InterpretationOpen ↗
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.
Sch 2 para 3WalesOpen ↗
(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.
Sch 2 para 4EnglandOpen ↗
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch 2 para 5ScotlandOpen ↗
(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.
Sch 2 para 6Northern IrelandOpen ↗
(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
Sch 2 para 7Open ↗
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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S.I. 2016/1183 (W.)
Source
legislation.gov.uk
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The Education Workforce Council (Registration of Youth Workers, Youth Support Workers and Work Based Learning Practitioners) Order 2016 (legislation.gov.uk, OGL-3). Retrieved via LawPlayer, https://lawplayer.com/uk/act/wsi-2016-1183

This text is synced from legislation.gov.uk. In case of any discrepancy, the official version prevails.

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