The Education Workforce Council (Registration of Youth Workers, Youth Support Workers and Work Based Learning Practitioners) Order 2016

The title of this Order is the Education Workforce Council (Registration of Youth Workers, Youth Support Workers and Work Based Learning Practitioners) Order 2016.

This Order comes into force on 1 March 2017 except articles 4, 6 and 7 which come into force on 1 April 2017.

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.

Part 2 of Schedule 1 to this Order sets out the alternative requirements for the purposes of that description.

The Education Workforce Council must—

A person F1within paragraph (1A) must not provide youth development services F2in Wales for or on behalf of a relevant F3employer (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.

A person is within this paragraph if—

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 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.

Part 2 of Schedule 2 to this Order sets out the alternative requirement for the purposes of that description.

The Education Workforce Council must—

A person F1within paragraph (1A) must not provide youth development services F2in Wales for or on behalf of a relevant F3employer (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.

A person is within this paragraph if—

Paragraph (1) does not apply to a person who is—

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.

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).

Schedule 2 to the 2014 Act is amended as set out in paragraphs (2) and (3).

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— (a) possesses at least one of the qualifications specified as youth worker qualifications in an order made under paragraph 2, or (b) 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– (c) possesses at least one of the qualifications specified as youth support worker qualifications in an order made under paragraph 2, or (d) 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.

”

For paragraph 3 substitute—

“3.

In this Schedule—

• “school” (“ysgol”) means—

  1. (a)

     a school maintained by a local authority in Wales;

  2. (b)

     a special school in Wales not so maintained;

• “work based learning” (“dysgu seiliedig ar waith”) means education or training provided—

  1. (a)

     for persons aged 16 or above (regardless of whether it is also provided for persons under 16), and

  2. (b)

     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—

  1. (a)

     the co-ordination and delivery of work based learning;

  2. (b)

     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—

  1. (a)

     provided mainly to persons who are aged no younger than 11 and no older than 25, and

  2. (b)

     which promote—

     1. (i)

        the development of the skills or knowledge of such persons, or

     2. (ii)

        the intellectual, emotional or social development of such persons.”

Table 1 sets out qualifications awarded by awarding bodies in Wales;

Table 2 sets out qualifications awarded by awarding bodies in England;

Table 3 sets out qualifications awarded by awarding bodies in Scotland;

Table 4 sets out qualifications awarded by awarding bodies in Northern Ireland;

Table 5 sets out qualifications awarded in the United Kingdom by other awarding bodies.

before 31 December 1988, was a qualified teacher within the meaning of Part 3 of the Education (Teachers) Regulations 1982^f1 (see regulation 13), F1...

is authorised to practice as a youth worker by virtue of Part 3 of the 2015 Regulations (freedom of establishment in the United Kingdom) F2,

is, as respects the profession of youth worker, entitled to practise pursuant to the 2023 Regulations, or

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.

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.

The qualifications are—

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.

The qualifications are—

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.

The qualifications are—

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.

The qualifications are—

before 31 December 1988, was a qualified teacher within the meaning of Part 3 of the Education (Teachers) Regulations 1982 (see regulation 13), F1...

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) F2,

is, as respects the profession of youth support worker, entitled to practise pursuant to the 2023 Regulations, or

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.