{
  "url": "https://openlegislation.uk/education-workforce-council-main-functions-wales-amendment-regulations-2016/regulation-2",
  "json_url": "https://openlegislation.uk/education-workforce-council-main-functions-wales-amendment-regulations-2016/regulation-2.json",
  "legislation": "wsi/2016/6",
  "legislation_title": "The Education Workforce Council (Main Functions) (Wales) (Amendment) Regulations 2016",
  "legislation_url": "https://openlegislation.uk/education-workforce-council-main-functions-wales-amendment-regulations-2016",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Amendment",
  "text": "The Education Workforce Council (Main Functions) (Wales) Regulations 2015 are amended as follows—\n(a) in regulation 3(1)—\n(i) in the appropriate place in alphabetical order, insert—\n““nominated teacher” (“athro neu athrawes enwebedig”) means a person who is mentioned in paragraphs 3, 4, 5, 6 or 7 of Schedule 3 to these Regulations and who is nominated by the head teacher where the head teacher considers that appropriate in the circumstances”; and\n(ii) in the definition of “serious professional incompetence” for “level of incompetence” substitute “level of competence”;\n(b) in regulation 16 after “by virtue of”, in the first place it occurs, insert “regulation 18A or”;\n(c) in regulation 18 after “(register maintained by the Council)” insert “in the category of school teacher”;\n(d) after Part 3 insert—\n“PART 3A\nRequirement to be registered: school learning support workers\nSchool learning support workers\n18A. (1) A school learning support worker is a person who provides the services specified in regulation 17 (“the services”) or supports the provision of the services by a school teacher.\n(2) A school learning support worker must not provide the services or support the provision of the services by a school teacher unless—\n(a) they are registered under section 9 of the 2014 Act (register maintained by the Council) in the category of school learning support worker;\n(b) they provide the services with direct interaction with learners to assist or support the work of school teachers or nominated teachers in the school;\n(c) they provide the services under the direction and supervision of school teachers or nominated teachers in accordance with arrangements made by the head teacher of the school; and\n(d) the head teacher is satisfied that they have the skills, expertise and experience to provide the services.\n(3) In determining whether a person has the skills, expertise and experience required to provide the services specified in paragraph (2)(d) in a school, head teachers must have regard to—\n(a) the standards for higher-level teaching assistants, or guidance concerning the qualifications for school learning support workers that may be published from time to time by the Welsh Ministers; and\n(b) guidance as to the contractual matters relating to school learning support workers as may be published from time to time by any local authority or other employer.”;\n(e) after Part 4 insert—\n“Part 4A\nRequirement to be registered: further education learning support workers\nRequirement to be registered: further education learning support workers\n19A. 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.”; and\n(f) in Schedule 3 omit paragraph 8.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2015/140 (W. 8)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2016/6/regulation/2",
    "retrieved_at": "2026-10-28T23:31:54.190007+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}