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The Qualifications Wales Act 2015 (Consequential Amendments) Regulations 2016

W.S.I. 2016/236 · Made 24 February 2016 · Extends to England and Wales

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 1 September 2026.

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Education, England And Wales

Made 24 February 2016

Coming into force 1 May 2016

The Welsh Ministers in exercise of the powers in sections 55(1)(c) and 59 of the Qualifications Wales Act 2015f1 make the following Regulations.

The Welsh Ministers consider it expedient for the purposes of, or in consequence of, provisions of that Act to make the following Regulations.

In accordance with section 55(2) of the Qualifications Wales Act 2015, a draft of these Regulations was laid before the National Assembly for Wales and approved by a resolution of the National Assembly for Wales.

Annotations to the whole text

Footnotes

f1

2015 anaw 5.

Contents

  1. Part 1: Introduction
  2. 1Title and commencement
  3. Part 2: Amendments to primary legislation
  4. 2Amendment to the Learning and Skills Act 2000
  5. 3Amendment to the Education Act 2002
  6. Part 3: Amendments to secondary legislation
  7. 4Amendment to the Council Tax (Discount Disregards) Order 1992 Repealed
  8. 5Amendment to the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994
  9. 6Amendment to the Education (Special Schools) Regulations 1994
  10. 7Amendment to the Motor Vehicles (Driving Licences) Regulations 1999
  11. 8Amendment to the Education (Information About Individual Pupils) (Wales) Regulations 2007
  12. 9Amendment to the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009
  13. 10Amendment to the Education (Local Curriculum for Pupils in Key Stage 4) (Wales) Regulations 2009 Repealed
  14. 11Amendment to the Education (Information About Children in Alternative Provision) (Wales) Regulations 2009
  15. 12Amendment to the Head Teacher’s Report to Parents and Adult Pupils (Wales) Regulations 2011
  16. 13Amendment to the School Performance and Absence Targets (Wales) Regulations 2011 Repealed
  17. 14Amendment to the School Performance Information (Wales) Regulations 2011
  18. 15Amendment to the Operation of the Local Curriculum (Wales) Regulations 2013
  19. 16Amendment to the Gangmasters Licensing (Exclusions) Regulations 2013
  20. 17Amendment to the Welsh in Education Strategic Plans and Assessing Demand for Welsh Medium Education (Wales) Regulations 2013
  21. 18Amendment to the Education (School Development Plans) (Wales) Regulations 2014
  22. 19Amendment to the National Minimum Wage Regulations 2015
  23. 20Amendment to the Education (Student Information) (England) Regulations 2015
  24. 21Revocation of saving provision in respect of accredited qualifications for the purposes of the National Minimum Wage Regulations 2015
  25. Signature
  26. Explanatory note

1Title and commencementI1

The title of these Regulations is the Qualifications Wales Act 2015 (Consequential Amendments) Regulations 2016 and they come into force on 1 May 2016.

2Amendment to the Learning and Skills Act 2000I1

In section 33N(1) of the Learning and Skills Act 2000f1 for the definition of “course of study” substitute—

  • ““course of study” means a course of education or training that—

    1. (a)

      leads to a form of qualification or set of forms of qualification approved under Part 4 of the Qualifications Wales Act 2015 or designated under Part 5 of that Act, or

    2. (b)

      is designated by the Welsh Ministers under section 34(8) of that Act;”.

3Amendment to the Education Act 2002I1

In section 97 of the Education Act 2002f1 for the definition of “course of study” substitute—

  • ““course of study” means a course of education or training that—

    1. (a)

      leads to a form of qualification or set of forms of qualification approved under Part 4 of the Qualifications Wales Act 2015 or designated under Part 5 of that Act, or

    2. (b)

      is designated by the Welsh Ministers under section 34(8) of that Act;”.

4Amendment to the Council Tax (Discount Disregards) Order 1992F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Amendment to the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994I1

In regulation 2(1) of the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994f1, as it applies in relation to Wales, for the definition of “approved relevant qualification” substitute—

  • ““approved relevant qualification” is a qualification within the meaning of section 56 of the Qualifications Wales Act 2015;”.

6Amendment to the Education (Special Schools) Regulations 1994I1

In regulation 2(1) of the Education (Special Schools) Regulations 1994f1 for the definition of “approved relevant qualification” substitute—

  • ““approved relevant qualification” is a qualification within the meaning of section 56 of the Qualifications Wales Act 2015;”.

7Amendment to the Motor Vehicles (Driving Licences) Regulations 1999I1

In regulation 22 of the Motor Vehicles (Driving Licences) Regulations 1999f1, within the definition of “educational qualification” for paragraph (f) substitute—

“(f)

a qualification which has been awarded by a body in respect of the award of which it is recognised by Qualifications Wales under Part 3 of the Qualifications Wales Act 2015;”.

8Amendment to the Education (Information About Individual Pupils) (Wales) Regulations 2007I1

The Education (Information About Individual Pupils) (Wales) Regulations 2007f1 are amended as follows—

(a)

in regulation 3, delete the definition of “relevant qualification”;

(b)

in regulation 5(2) for subparagraph (f) substitute—

“(ea)

Qualifications Wales;

(f)

any body recognised by Qualifications Wales under Part 3 of the Qualifications Wales Act 2015 as a body awarding qualifications in Wales;”;

(c)

in regulation 5(5) in subparagraph (e) delete “and”; and

(d)

in regulation 5(5) at the end insert —

“; and

(g)

any course of study leading to a qualification (other than one of the kind referred to in sub-paragraph (b) or (e) above) provided to pupils of compulsory school age in any school maintained by a local authority if —

(i)

the form of qualification to which the course leads is approved under Part 4 of the Qualifications Wales Act 2015 or designated under Part 5 of that Act, or

(ii)

the course is designated by the Welsh Ministers under section 34(8) of the Qualifications Wales Act 2015.”

9Amendment to the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009I1

At the end of regulation 3(5) of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009f1 add—

“(x)

Qualifications Wales.”

10Amendment to the Education (Local Curriculum for Pupils in Key Stage 4) (Wales) Regulations 2009F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11Amendment to the Education (Information About Children in Alternative Provision) (Wales) Regulations 2009I1

In regulation 2 of the Education (Information About Children in Alternative Provision) (Wales) Regulations 2009f1 for the definition of “approved relevant qualification” substitute—

  • ““approved relevant qualification” (“cymhwyster perthnasol a gymeradwywyd”) is a qualification within the meaning of section 56 of the Qualifications Wales Act 2015;”.

12Amendment to the Head Teacher’s Report to Parents and Adult Pupils (Wales) Regulations 2011I1

In regulation 2(1) of the Head Teacher’s Report to Parents and Adult Pupils (Wales) Regulations 2011f1—

(a)

in the definition of “approved relevant qualification” for “section 30(5) of the Education Act 1997” substitute “section 56 of the Qualifications Wales Act 2015”; and

(b)

in the definition of “NQF” omit the words from “comprising relevant qualifications” to the end.

13Amendment to the School Performance and Absence Targets (Wales) Regulations 2011F1I1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14Amendment to the School Performance Information (Wales) Regulations 2011I1

(1)

The School Performance Information (Wales) Regulations 2011f1 are amended as follows.

(2)

In regulation 2(1) at the appropriate place insert—

  • ““approval number”(“rhif cymeradwyo”) is the number allocated to a qualification by Qualifications Wales under section 22(3) of the Qualifications Wales Act 2015;”.

(3)

In regulation 2(1), for the definition of “approved relevant qualification” substitute—

  • ““approved relevant qualification” (“cymhwyster perthnasol a gymeradwywyd”) is a qualification within the meaning of section 56 of the Qualifications Wales Act 2015;”.

(4)

In paragraph 3 in Part 1 of Schedule 3, for sub-paragraphs (e) and (f) substitute—

“(e)

the date awarded;

(f)

the qualification number (if any); and

(g)

the approval number (if any).”

(5)

In paragraph 6 in Part 2 of Schedule 3, for sub-paragraphs (e) and (f) substitute—

“(e)

the date awarded;

(f)

the qualification number (if any); and

(g)

the approval number (if any).”

15Amendment to the Operation of the Local Curriculum (Wales) Regulations 2013I1

In regulation 2 of the Operation of the Local Curriculum (Wales) Regulations 2013f1 for the definition of “course of study” substitute—

  • ““course of study” means a course of education or training that—

    1. (a)

      leads to a form of qualification or set of forms of qualification approved under Part 4 of the Qualification Wales Act 2015 or designated under Part 5 of that Act, or

    2. (b)

      is designated by the Welsh Ministers under section 34(8) of that Act;”.

16Amendment to the Gangmasters Licensing (Exclusions) Regulations 2013I1

In paragraph 13 of Part 2 of the Schedule to the Gangmasters Licensing (Exclusions) Regulations 2013f1 for subparagraph (b) substitute—

“(b)

in relation to Wales, is a qualification within the meaning of section 56 of the Qualifications Wales Act 2015;”.

17Amendment to the Welsh in Education Strategic Plans and Assessing Demand for Welsh Medium Education (Wales) Regulations 2013I1

In regulation 2 of the Welsh in Education Strategic Plans and Assessing Demand for Welsh Medium Education (Wales) Regulations 2013f1 in the definition of “relevant qualification” for “it in section 30(5) of the Education Act 1997” substitute ““qualification” in section 56 of the Qualifications Wales Act 2015”.

18Amendment to the Education (School Development Plans) (Wales) Regulations 2014I1

In regulation 2(1) of the Education (School Development Plans) (Wales) Regulations 2014f1 in the definition of “approved relevant qualifications” for “section 30(5) of the Education Act 1997” substitute “section 56 of the Qualifications Wales Act 2015”.

19Amendment to the National Minimum Wage Regulations 2015I1

In regulation 3 of the National Minimum Wage Regulations 2015f1 in the definition of “further education course” in paragraph (b) for subparagraphs (ii), (iii) and (iv) substitute—

“(ii)

is funded by a local authority, or

(iii)

leads to a qualification awarded by a body in respect of the award of which it is recognised by Qualifications Wales under Part 3 of the Qualifications Wales Act 2015;”.

20Amendment to the Education (Student Information) (England) Regulations 2015I1

In Schedule 2 to the Education (Student Information) (England) Regulations 2015f1—

(a)

in paragraph 1(18) of Part 1 delete “and”; and

(b)

at the end of paragraph 1(19) add—

“; and

(20)

Qualifications Wales.”

21Revocation of saving provision in respect of accredited qualifications for the purposes of the National Minimum Wage Regulations 2015I1

Article 13 of the Qualifications Wales Act 2015 (Commencement No. 2 and Transitional and Saving Provisions) Order 2015f1 is revoked.

Signature

Huw Lewis

Minister for Education and Skills, one of the Welsh Ministers

24 February 2016

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in consequence of the Qualifications Wales Act 2015 (“the 2015 Act”). Part 2 of the 2015 Act establishes Qualifications Wales and sets out its principal aims.

These Regulations update references in legislation so as to reflect the new system of qualification regulation provided for in the 2015 Act.

These Regulations make amendments to primary and secondary legislation, which are in consequence of, or for the purposes of, provisions of the 2015 Act, namely Part 2 (establishment and principal aims of Qualifications Wales), Part 3 (recognition of awarding bodies), Part 6 (further provision relevant to recognition, approval and designation), section 56 (interpretation of references to “qualification”) of, and Schedule 3 (further provision about recognition of awarding bodies) and Schedule 4 (consequential amendments) to, the 2015 Act.

Qualifications Wales (which is established by section 2 of the Act) has functions of recognising bodies awarding qualifications in Wales (Part 3) and regulating such bodies through conditions of recognition (section 36 and Schedule 3). Section 34 addresses the qualifications which may be used on certain publicly funded courses, which generally limits them to forms of qualification which are either approved by Qualifications Wales (under Part 4) or designated by it (under Part 5). Schedule 4 amends Part 5 of the Education Act 1997 and Part 5 of the Learning and Skills Act 2000.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.