Draft Order laid before the National Assembly for Wales under section 47(2) of the Education (Wales) Act 2014, for approval by resolution of the National Assembly for Wales.
WELSH STATUTORY INSTRUMENTS
2016 No. (W. )
EDUCATION, WALES
The Education Workforce Council (Registration of Youth Workers, Youth Support Workers and Work Based Learning Practitioners) Order 2016
EXPLANATORY NOTE
(This note is not part of the Order)
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”).
The categories of registered persons are set out in Table 1 in paragraph 1 in Schedule 2 to the 2014 Act. The Welsh Ministers have a power in paragraph 2 of that Schedule to add, amend or remove a category of registration. Accordingly, this Order amends Table 1 in in paragraph 1 in Schedule 2 to the 2014 Act to add the following categories of registered person (Part 4 of this Order)—
(a) youth worker;
(b) youth support worker; and
(c) work based learner practitioner.
The effect of Part 2 of this Order is to create a voluntary registration system for youth workers, so that any person providing youth development services may register with the Council. However, Part 2 also provides that a person must register with the Council if they want to provide youth development services for or on behalf of a relevant body (as defined in this Order) (article 3(1)).
Article 3(2) sets out an exception to the restriction in article 3(1); that exception applies where a person moves to the UK from another member state in the European Union to carry out work as a youth worker on a temporary and occasional basis. That person is not subject to the requirement to register (“the EU temporary and occasional worker exemption”). This provision ensures compliance with Part 2 of the European Union (Recognition of Professional Qualifications) Regulations 2015.
The effect of Part 3 of this Order is also to create a voluntary registration system for youth support workers, so that any person providing youth development services may register with the Council. However, Part 3 also provides that a person must register with the Council if they want to provide youth development services for or on behalf of a relevant body. Article 5(2) provides that the EU temporary and occasional worker exemption also applies to the restriction in article 5(1).
The effect of Part 4 of this Order is create a compulsory registration system for work based learning practitioners, so that any person providing work based learning practitioner services for or on behalf of a work based learning body (as defined in this Order) must register with the Council (article 7(1)). There is no provision for voluntary registration of work based learning practitioners.
The amended table in paragraph 1 in Schedule 2 to the 2014 Act describes a work based learning practitioner as a person who provides work based learning practitioner services for or on behalf of a work based learning body. A work based learning body is a body which is funded by the Welsh Ministers to provide work based learning services. A list of such bodies can be found on the Welsh Government website at www.learning.gov.wales.
The description of a work based learning practitioner includes a number of professional roles involved in the delivery of work based learning. Those roles are often known within the profession as work based learning “mentors”, “coaches” and “assessors”. Article 7(2) provides that the EU temporary and occasional worker exemption also applies to the restriction in article 7(1).
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Department for Education and Public Services in the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.
Draft Order laid before the National Assembly for Wales under section 47(2) of the Education (Wales) Act 2014, for approval by resolution of the National Assembly for Wales.
WELSH STATUTORY INSTRUMENTS
2016 No. (W. )
EDUCATION, WALES
The Education Workforce Council (Registration of Youth Workers, Youth Support Workers and Work Based Learning Practitioners) Order 2016
Made 2016
Coming into force in accordance with article 1(2)
The Welsh Ministers, in exercise of the powers conferred on them by section 47(1) of, and paragraph 2 of Schedule 2 to, the Education (Wales) Act 2014([1]), having consulted such persons as they consider appropriate, make the following Order.
In accordance with section 47(2) of the Education (Wales) Act 2014, a draft of this Order was laid before the National Assembly for Wales and approved by a resolution of the National Assembly for Wales.
PART 1
General
Title and commencement
1.—(1)(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.
Interpretation
2. In this Order—
“the 2014 Act” (“Deddf 2014”) means the Education (Wales) Act 2014;
“the 2015 Regulations” (“Rheoliadau 2015”) means the European Union (Recognition of Professional Qualifications) Regulations 2015([2]);
“relevant body ” (“corff perthnasol”) means—
(a) a local authority in Wales;
(b) a governing body of a school;
(c) a further education institution in Wales;
(d) a voluntary body, to the extent that the youth development services provided for or on behalf of the voluntary body are provided to people in Wales;
“voluntary body” (“corff gwirfoddol”) means a body, other than a body exercising functions of a public nature, the activities of which are not carried out for profit;
“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([3]) in respect of the provision of work based learning.
PART 2
YOUTH WORKERS
Youth workers: qualifications and alternative requirements
3.—(1)(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.
Youth workers: requirement to register
4.—(1)(1) A person falling
within the category of youth worker in Table 1 in paragraph 1 of
Schedule 2 to the 2014 Act must not provide youth development
services for or on behalf of a relevant body (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.
(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
Youth support workers: qualifications and alternative requirements
5.—(1)(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.
Youth support workers: requirement to register
6.—(1)(1) A person falling
within the category of youth support worker in Table 1 in paragraph
1 of Schedule 2 to the 2014 Act must not provide youth development
services for or on behalf of a relevant body (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.
(2) Paragraph (1) does not apply to a person who is 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).
PART 4
WORK BASED LEARNING PRACTITIONERS
Requirement to register
7.—(1)(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
Amendments to the 2014 Act
8.—(1)(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—
|
“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– (a) possesses at least one of the qualifications specified as youth support 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. |
|
Work based learning practitioner |
A person who provides (or wishes to provide) work based learning practitioner services.” |
(3) For paragraph 3 substitute—
3. In this Schedule—
“school” (“ysgol”) means—
(a) a school maintained by a local authority in Wales;
(b) a special school in Wales not so maintained;
“work based learning” (“dysgu seiliedig ar waith”) means education or training provided—
(a) for persons aged 16 or above (regardless of whether it is also provided for persons under 16), and
(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—
(a) the co-ordination and delivery of work based learning;
(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—
(a) provided mainly to persons who are aged no younger than 11 and no older than 25, and
(b) which promote—
(i) the development of the skills or knowledge of such persons, or
(ii) the intellectual, emotional or social development of such persons.
Minister for Skills and Science under the authority of the Cabinet Secretary for Education, one of the Welsh Ministers
Date
SCHEDULE 1 article 3
Youth Workers
PART 1
Qualifications
Youth worker qualifications
1. 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.
Table 1: Wales
|
Qualifications in relation to Wales |
Awarding body |
|
Higher education diploma in community education |
Cardiff Metropolitan University |
|
Higher education diploma in youth and community work |
Glyndŵr University |
|
Postgraduate degree in the community professions |
Cardiff Metropolitan University
The University of Wales Institute, Cardiff |
|
Postgraduate degree in youth and community education |
Glyndŵr University
North East Wales Institute of Higher Education |
|
Postgraduate degree in youth and community studies |
Glyndŵr University
North East Wales Institute of Higher Education |
|
Postgraduate degree in youth and community work |
Trinity College Carmarthen
University of Wales: Trinity Saint David |
|
Postgraduate diploma in community professions (youth and community work) |
Cardiff Metropolitan University
The University of Wales Institute, Cardiff |
|
Postgraduate diploma in youth and community education |
Glyndŵr University
North East Wales Institute of Higher Education |
|
Postgraduate diploma in youth and community work |
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 |
|
Undergraduate degree in community education |
Cardiff Metropolitan University
The University of Wales Institute, Cardiff |
|
Undergraduate degree in youth and community work |
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 |
|
Undergraduate degree in youth and community work (sport) |
University of South Wales
University of Wales Newport Higher Education Corporation |
|
Undergraduate degree in youth and community work (youth justice) |
University of South Wales
University of Wales Newport Higher Education Corporation |
Table 2: England
|
Qualifications in relation England |
Awarding body |
|
Diploma in community and youth work studies |
University of Manchester |
|
Graduate diploma in youth and community development |
University of Cumbria
St Martin’s College |
|
Graduate diploma in youth and community development work |
University of Cumbria
St Martin’s College |
|
Graduate diploma in youth work |
Sheffield Hallam University |
|
Graduate diploma in youth work and ministry |
Oasis College
Oasis Trust |
|
Higher education diploma in youth work and community |
Bristol Polytechnic
John Moores University
University of the West of England |
|
Postgraduate certificate in youth and community work |
Brunel University |
|
Postgraduate degree in applied anthropology and community and youth work |
Goldsmiths College, University of London |
|
Postgraduate degree in professional studies (youth and community work) |
University of Huddersfield |
|
Postgraduate degree in youth and community work |
College of St Mark & St John
Edgehill University
Liverpool Hope 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 |
|
Postgraduate degree in youth and community work development |
De Montfort University |
|
Postgraduate degree in youth work |
University of Gloucestershire
University of Teesside |
|
Postgraduate degree in youth work and community development |
University of Teesside |
|
Postgraduate diploma in applied anthropology and community and youth work |
Goldsmiths College, University of London
Turning Point College |
|
Postgraduate diploma in applied theology (youth and community work) |
Moorlands College |
|
Postgraduate diploma in professional studies (youth and community work) |
University of Huddersfield |
|
Postgraduate diploma in youth and community development |
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 |
|
Postgraduate diploma in youth and community work |
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 |
|
Postgraduate diploma in youth and community work development |
De Montfort University
Manchester Metropolitan University
Leicester Polytechnic |
|
Postgraduate diploma in youth work |
University of Gloucestershire
University of Teesside
|
|
Postgraduate diploma in youth work and community development |
University of Teesside |
|
Undergraduate degree in applied community and youth work studies |
University of Derby
University of Manchester |
|
Undergraduate degree in applied social science, community development and youth work |
Goldsmiths College, University of London |
|
Undergraduate degree in applied theology (youth and community work) |
Moorlands College |
|
Undergraduate degree in Christian youth work |
University of Chester |
|
Undergraduate degree in community and youth studies |
Bulmershe College of Higher Education
University of Reading |
|
Undergraduate degree in community and youth work studies |
University of Durham |
|
Undergraduate degree in community development and youth work |
Ruskin College, Oxford |
|
Undergraduate degree in community youth work |
Sunderland University |
|
Undergraduate degree in integrated youth work and support |
Middlesex University |
|
Undergraduate degree in theology, youth work and ministry |
Nazarene Theological College |
|
Undergraduate degree in working with young people and communities (youth work) |
University of Derby |
|
Undergraduate degree in youth and community development |
De Montfort University
Leicester Polytechnic |
|
Undergraduate degree in youth and community services |
University of Worcester |
|
Undergraduate degree in youth and community studies |
University of Cumbria
University of Sunderland |
|
Undergraduate degree in youth and community work |
Anglia Polytechnic University
Anglia Ruskin University
Bradford College
Brunel University
Leeds Metropolitan University
Manchester Metropolitan University
Ruskin College, Oxford
Sheffield Hallam University
St Helens College
St Martin’s College
Thames Polytechnic
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 |
|
Undergraduate degree in youth and community work studies |
Sunderland University |
|
Undergraduate degree in youth and community work with Christian, Muslim and secular pathways |
Newman University |
|
Undergraduate degree in youth studies |
University of Cumbria
St Martin’s College |
|
Undergraduate degree in youth work |
Brunel University
Coventry University
London Metropolitan University
Middlesex University
University of Brighton
University of Chester
University of Cumbria
University of Gloucestershire |
|
Undergraduate degree in youth work and community development |
De Montfort University
Leeds Beckett University
Leeds Metropolitan University
University of Cumbria
University of Hull |
|
Undergraduate degree in youth work and community services |
University of Teesside |
|
Undergraduate degree in youth work and ministry |
Oasis College
Oasis Trust |
Table 3: Scotland
|
Qualifications in relation to Scotland |
Awarding body |
|
Diploma in adult and continuing education |
University of Glasgow |
|
Diploma in community education |
Moray House Institute of Education
University of Edinburgh |
|
Postgraduate certificate in community education |
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 |
|
Postgraduate certificate in youth work |
Jordanhill College of Education
Moray House Institute of Education
University of Edinburgh
University of Strathclyde |
|
Postgraduate degree in adult and continuing education |
University of Glasgow |
|
Postgraduate degree in community education |
Moray House Institute of Education
University of Edinburgh |
|
Postgraduate diploma in community education |
Northern College of Education
Moray House Institute of Education
University of Aberdeen
University of Edinburgh |
|
Postgraduate diploma in community learning and development |
Northern College of Education
University of Aberdeen
University of Dundee
University of Glasgow |
|
Postgraduate diploma in community learning and development with applied theology |
International Christian College |
|
Undergraduate degree in community development |
University of Glasgow |
|
Undergraduate degree in community development and learning |
University of Dundee |
|
Undergraduate degree in community education |
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 |
|
Undergraduate degree in community learning and development |
University of Glasgow
Northern College of Education
University of Aberdeen
University of Dundee |
|
Undergraduate degree in community learning and participation |
West of Scotland University |
|
Undergraduate degree in youth work |
Edinburgh Napier University |
|
Undergraduate degree in youth work with applied theology |
International Christian College |
Table 4: Northern Ireland
|
Qualifications in relation Northern Ireland |
Awarding body |
|
Postgraduate diploma in community youth work |
University of Ulster |
|
Undergraduate degree in community youth work |
University of Ulster
|
Table 5: Other awarding bodies awarding qualifications in the United Kingdom
|
Qualifications |
Awarding body |
|
Postgraduate degree in youth work and community learning and development |
YMCA George Williams College |
|
Postgraduate diploma in youth work and community learning and development |
YMCA George Williams College |
|
Undergraduate degree in informal education |
YMCA George Williams College |
|
Undergraduate degree in informal education (youth work and community learning and development) |
YMCA George Williams College |
|
Undergraduate degree in school, youth and community work and practical theology |
Institute for Children, Youth and Mission |
|
Undergraduate degree in working with young people/youth work |
Open University |
|
Undergraduate degree in youth and community work |
Institute for Children Youth and Mission |
|
Undergraduate degree in youth and community work and practical theology |
Centre for Youth Ministry
Institute for Children Youth and Mission |
|
Undergraduate degree in youth work |
Open University |
PART 2
Alternative Requirements
Alternative requirements
2. 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([4]) (see regulation 13), or
(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).
SCHEDULE 2 article 5
Youth Support Workers
PART 1
Qualifications
Interpretation
1. In this Schedule—
“the 1996 (Scotland) Act” (“Deddf (Yr Alban) 1996”) means the Education (Scotland) Act 1996([5]);
“the 2009 Act” (“Deddf 2009”) means the Apprenticeships, Skills, Children and Learning Act 2009([6]);
“the 2015 Act” (“Deddf 2015”) means the Qualifications Wales Act 2015([7]);
“the 1998 Order” (“Gorchymyn 1998”) means the Education (Northern Ireland) Order 1998([8]);
“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.
Youth support worker qualifications
2. Paragraphs 2 to 5 set out the youth support worker qualifications.
Wales
3.—(1)(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) Level 2 award in youth work practice;
(b) Level 2 certificate in youth work practice;
(c) Level 3 certificate in youth work practice;
(d) Level 3 diploma in youth work practice.
England
4.—(1)(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) Level 2 certificate in working with young people;
(b) Level 2 award in youth work practice;
(c) Level 2 certificate in working with young people;
(d) Level 2 certificate in youth work practice;
(e) Level 3 award in working with vulnerable young people;
(f) Level 3 award in youth work practice;
(g) Level 3 certificate in working with vulnerable young people;
(h) Level 3 diploma in youth work practice;
(i) Level 4 award in working with vulnerable young people.
Scotland
5.—(1)(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) Youth work SVQ 2;
(b) Youth work SVQ 3;
(c) SVQ youth justice 3.
Northern Ireland
6.—(1)(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) Level 2 award in community relations, equality and diversity in youth work practice;
(b) Level 2 award in understanding the role of the youth council;
(c) Level 2 certificate in community relations;
(d) equality and diversity in youth work practice;
(e) Level 2 certificate in youth work practice;
(f) Level 2 diploma in youth work practice;
(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
7. 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), or
(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).