Explanatory note

This Order makes provision in consequence of the Qualifications Wales Act 2015 (anaw 5) (“the 2015 Act”); an Act passed by the National Assembly for Wales. Section 2 of the 2015 Act created a new body called Qualifications Wales, responsible for regulating qualifications awarded in Wales. This Order also makes provision in consequence of the Qualifications Wales Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/236 W. 88) (“the 2016 Regulations”).

The 2016 Regulations were made by the Welsh Ministers to update references in other legislation, to refer to the new system of qualification regulation. The amendments made by the 2016 Regulations extend to England and Wales only and some amendments applied only in relation to Wales. However, because some of the legislation amended by the 2016 Regulations has a wider extent than could be made by the 2016 Regulations, this Order makes consequential amendments to two statutory instruments to ensure that they have the required territorial extent.

Regulation 7 of the 2016 Regulations amended regulation 22 of the Motor Vehicles (Driving Licence) Regulations 1999 (S.I. 1999/2864) (“the 1999 Regulations”), as it extends to England and Wales, so that the definition of “educational qualification” refers to a qualification awarded by a body recognised by Qualifications Wales. Article 2(2) of this Order further amends that definition to remove two redundant references to qualifications accredited by Welsh Ministers in paragraphs (c) and (d). The Article 2(2) amendment extends to Scotland and to England and Wales. Article 2(3) of this Order provides that the amendment to paragraph (f) of the definition of “educational qualification”, made by regulation 7 as regards England and Wales, also extends to Scotland. Article 2(3) also omits the previous paragraph (f) as it extends to Scotland.

Regulation 19 of the 2016 Regulations amended regulation 3 of the National Minimum Wage Regulations 2015 (S.I. 2015/621) (“the 2015 Regulations”), as it extends to England and Wales, to update the definition of “further education course” so that it refers to qualifications awarded by a body recognised by Qualifications Wales. It did that by replacing sub-paragraphs (ii), (iii) and (iv) of paragraph (b) of regulation 3 with new sub-paragraphs (ii) and (iii) that extend to England and Wales. Article 3(2) of this Order provides that the new sub-paragraphs (ii) and (iii) also extend to Scotland and Northern Ireland and consequently omits the previous sub-paragraphs (ii) and (iii) that extend to Scotland and Northern Ireland. Article 3(3) of this Order ensures sub-paragraph (iv) of paragraph (b) of the definition of “further education course” in regulation 3 of the 2015 Regulations is omitted for Scotland and Northern Ireland as well as England and Wales.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.