PART 1 General

Title and coming into force

1.—(1) The title of this Order is the Education Workforce Council (Additional Categories of Registration and Further Education Teacher Qualifications) (Wales) Order 2024.

(2) This Order comes into force on 10 May 2024.

Interpretation

2.  In this Order—

“ the 1996 Act” (“ Deddf 1996”) means the Employment Rights Act 1996( 6);

“ the 2014 Act” (“ Deddf 2014”) means the Education (Wales) Act 2014;

“ the 2015 Regulations” (“ Rheoliadau 2015”) means the Education Workforce Council (Main Functions) Wales Regulations 2015( 7);

“ the 2017 Regulations” (“ Rheoliadau 2017”) means the Education Workforce Council (Registration Fees) Regulations 2017( 8);

“ the 2023 Regulations” (“ Rheoliadau 2023”) means the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023( 9);

“ adult” (“ oedolyn”) means a person aged 18 or over;

“ adult learning practitioner” (“ ymarferydd dysgu oedolion”) means a person who provides further education and training to adults for or on behalf of a community-based adult learning provider;

“ Commission” (“ Comisiwn”) means the Commission for Tertiary Education and Research established under section 1 of the Tertiary Education and Research (Wales) Act 2022( 10);

“ community-based adult learning provider” (“ darparwr dysgu oedolion cymunedol”) means a provider (other than a school, further education institution or higher education institution) of further education and training for adults which is based in the community and funded or otherwise provided by a local authority, the Commission or the Welsh Ministers;

“ Council” (“ Cyngor”) means the Education Workforce Council, being the body corporate renamed by section 2 of the 2014 Act;

“ further education” (“ addysg bellach”) means education (other than higher education) suitable to the requirements of persons who are over compulsory school age;

“ further education institution” (“ sefydliad addysg bellach”) has the meaning given in section 140 of the Education Act 2002( 11);

“ higher education” (“ addysg uwch”) means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988( 12);

“ higher education institution” (“ sefydliad addysg uwch”) means an institution falling within section 91(5) of the Further and Higher Education Act 1992( 13);

“local authority”(“awdurdod lleol”)means a county council or a county borough council in Wales;

“ principal or senior leader in further education” (“ pennaeth neu uwch-arweinydd mewn addysg bellach”) means a person who is undertaking a senior leadership role in managing teaching and learning in or for a further education institution in Wales;

“school”(“ysgol”) means a school maintained by a local authority in Wales or a special school in Wales not so maintained.

PART 2 Principals and senior leaders in education

Principals and senior leaders in education Requirement to be registered: principals and senior leaders in further education

3.  A person may not undertake a senior leadership role in managing teaching and learning in or for a further education institution in Wales unless the person is registered under section 9 of the 2014 Act (register maintained by the Council) in the category of principal or senior leader in further education.

PART 3 Adult learning practitioners

Requirements to work as an adult learning practitioner

4.—(1) A person may not work as an adult learning practitioner for or on behalf of any community-based adult learning provider unless—

(a) the conditions in paragraphs (2) and (3) are met, or

(b) paragraph (4) applies.

(2) The first condition is that the person must be registered under section 9 of the 2014 Act (register maintained by the Council) in the category of adult learning practitioner.

(3) The second condition is that the person must—

(a) have at least one of the qualifications specified in Part 1 of the Schedule, or

(b) meet the alternative requirement specified in Part 2 of the Schedule.

(4) A person who complies with the first condition but who does not comply with the second condition may, if they are working towards a qualification specified in the Part 1 of the Schedule, work as an adult learning practitioner for a period not exceeding—

(a) 3 years from the date on which they started working towards the qualification where the person is employed full-time, or

(b) 5 years from the date on which they started working towards the qualification where the person is employed part-time.

(5) When calculating the periods specified in paragraph 4(a) and (b), any period of absence from work is to be disregarded if it is—

(a) in exercise of a person’s—

(i) right to maternity leave conferred by section 71 or 73 of the 1996 Act( 14) or a contract of employment and where the person has the right to return to work by virtue of either of these sections or a contract of employment;

(ii) right to parental leave conferred by section 76 of the 1996 Act( 15);

(iii) right to paternity leave conferred by section 80A or 80B of the 1996 Act( 16);

(iv) right to adoption leave conferred by section 75A or 75B of the 1996 Act( 17);

(v) right to shared parental leave conferred by section 75E or 75G of the 1996 Act( 18); or

(vi) right to parental bereavement leave conferred by section 80EA of the 1996 Act( 19); or

(b) because of pregnancy.

Council to review the list of adult learning practitioner qualifications

5.  The Council must review the list of qualifications specified in Part 1 of the Schedule and report to the Welsh Ministers on an annual basis any amendments which it considers may be required.

PART 4 Amendments to the 2014 Act

Amendments to Schedule 2 to the 2014 Act

6.—(1) Schedule 2 (categories of registration) to the 2014 Act is amended as follows.

(2) In Table 1 in paragraph 1, after the entry for “Independent special post-16 institution learning support worker” insert—

(3) In paragraph 3, in the appropriate places, insert—

““ adult ” (“ oedolyn ”) means a person aged 18 or over; ”;

““ community-based adult learning provider ” (“ darparwr dysgu oedolion cymunedol ”) means a provider (other than a school, further education institution or higher education institution) of further education and training for adults which is based in the community and funded or otherwise provided by a local authority, the Commission for Tertiary Education and Research( 20) or the Welsh Ministers; ”;

““ further education ” (“ addysg bellach ”) means education (other than higher education) suitable to the requirements of persons who are over compulsory school age; ”;

““ higher education ” (“ addysg uwch ”) means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988( 21) ; ”;

““ higher education institution ” (“ sefydliad addysg uwch ”) means an institution falling within section 91(5) of the Further and Higher Education Act 1992( 22) ; ”

Amendments to Schedule 4 to the 2014 Act

7.—(1) Schedule 4 (index of defined words and expressions) to the 2014 Act is amended as follows.

(2) In Table 3, in the appropriate places, insert—

PART 5 Amendment to the 2015 Regulations

Amendments to the 2015 Regulations

8.  The 2015 Regulations are amended in accordance with articles 9 to 12.

9.  For the heading to Part 4 (Requirement to be registered: further education teachers), substitute “Requirements relating to further education teachers”.

10.—(1) Regulation 19 of the 2015 Regulations is amended in accordance with paragraphs to (2) to (6).

(2) For the heading substitute “Requirements relating to further education teachers”.

(3) For paragraph (1), substitute—

“(1A)  A person may not provide education in or for a further education institution unless—

(a) the conditions in paragraphs (1B) and (1C) are met, or

(b) paragraph (1D) applies.

(1B)  The first condition is that the person must be registered under section 9 of the 2014 Act (register maintained by the Council) in the category of further education teacher.

(1C)  The second condition is that the person must—

(a) have at least one of the specified qualifications, or

(b) meet the alternative requirement specified in Part 2 of Schedule 6.

(1D)  A person who complies with the first condition but who does not comply with the second condition may, if they are working towards a specified qualification, work as a further education teacher for a period not exceeding—

(a) 3 years from the date on which they started working towards the qualification where the person is employed full-time, or

(b) 5 years from the date on which they started working towards the qualification where the person is employed part-time.

(1E)  When calculating the periods specified in paragraph 1D(a) and (b), any period of absence from work is to be disregarded if it is—

(a) in exercise of a person’s—

(i) right to maternity leave conferred by section 71 or 73 of the 1996 Act( 23) or a contract of employment and where the person has the right to return to work by virtue of either of these sections or a contract of employment;

(ii) right to parental leave conferred by section 76 of the 1996 Act( 24) ;

(iii) right to paternity leave conferred by section 80A or 80B of the 1996 Act( 25) ;

(iv) right to adoption leave conferred by section 75A or 75B of the 1996 Act( 26) ;

(v) right to shared parental leave conferred by section 75E or 75G of the 1996 Act( 27) ; or

(vi) right to parental bereavement leave conferred by section 80EA of the 1996 Act( 28) , or

(b) because of pregnancy. ”

(4) In paragraph (2)—

(a) at the end of sub-paragraph (c) omit “or”;

(b) after sub-paragraph (d) insert the following—

“(e) acts as a volunteer; or

(f) provides on a temporary or occasional basis training in relation to a profession and the person holds the qualifications or experience necessary in order to practise that profession. ”

(5) After paragraph (2), insert the following—

“(3)  For the purposes of this regulation and regulation 19ZA, a specified qualification means a qualification listed in Part 1 of Schedule 6. ”

11.  After regulation 19 of the 2015 Regulations, insert —

“Council to review list of specified qualifications

19ZA.   The Council must review the list of specified qualifications and report to the Welsh Ministers on an annual basis any amendments which it considers may be required. ”

12.  After Schedule 5 to the 2015 Regulations insert—

Regulation 19

“SCHEDULE 6 Further education teachers

PART 1 Qualifications

1.   Table 1: Wales

2.   Table 2: England

3.   Table 3: Scotland

4.   Table 4: Northern Ireland

PART  2 Alternative Requirement

5.   A person meets the alternative requirement if that person is, as respects the profession of further education teacher, entitled to practice pursuant to the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023. ”

PART 6 Amendments to the 2017 Regulations

Amendments to the 2017 Regulations

13.  In regulation 4 of the 2017 Regulations, after paragraph (1)(k) insert—

“(l) £46 per year for an adult learning practitioner( 29) ;

(m) £46 per year for a further education principal or senior leader( 30) . ”

PART 7 Amendments to the 2023 Regulations

Amendments to the 2023 Regulations

14.  In Schedule 1 to the 2023 Regulations—

(a) at the beginning of the list insert—

“A1.   Adult learning practitioner ”,

(b) after the entry for “Food examiner” insert—

“3A.   Further education teacher ”

article 4(3)(a)

SCHEDULE Adult learning practitioners

PART 1 Qualifications

1.  A qualification specified as further education teacher qualifications in Schedule 6 to the 2015 Regulations.

2.  A qualification in the following table.

PART 2 Alternative Requirement

3.  A person meets the alternative requirement if that person is, as respects the profession of adult learning practitioner, entitled to practice pursuant to the 2023 Regulations.

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 the registration of certain categories of the education workforce.

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 the power in paragraph 2 of that Schedule to add, amend or remove a category of registration.

Part 2 of this Order adds a new category of registration for principals and senior leaders working in further education institutions in Wales.

Part 3 of this Order adds a further category of registration for adult learning practitioners and sets out the conditions to be met to work in that role in Wales. The conditions require a person to be registered with the Council and to also hold a specified qualification, which are set out in the Schedule to this Order. This Part also requires the Council to review the list of adult learning practitioner qualifications and report to the Welsh Ministers, on an annual basis, any amendments that it recommends are made to the list of qualifications.

Part 4 of this Order amends Table 1 in paragraph 1 of Schedule 2 to the 2014 Act to include entries for the two new categories of registration being created by this Order. This Part also amends Schedule 4 to the 2014 Act (index of defined words and expressions) to insert definitions in relation to the new categories.

Section 15 of the 2014 Act sets out the requirements to be satisfied by further education teachers who wish to work in Wales. That section also empowers the Welsh Ministers to make regulations to provide that education may not be provided by a person unless the person has a specified qualification and is registered in the category of further education teacher. The Education Workforce Council (Main Functions) (Wales) Regulations 2015 (“ the 2015 Regulations”) were made using this power, amongst others.

Part 5 of this Order makes amendments to regulation 19 of the 2015 Regulations to provide that a person may not provide education in or for a further education institution unless they hold a “specified qualification” and defines what is meant by a “specified qualification”. This Part also amends regulation 19(2) of the 2015 Regulations to provide that volunteers or those providing training in relation to a profession on a temporary or occasional basis are not required to register with the Council or hold a specified qualification in order to provide education in or for a further education institution.

This Part also imposes a new duty on the Council to review the list of further education teacher qualifications. The Council must report to the Welsh Ministers, on an annual basis, any amendments that it recommends are made to the list of qualifications set out in Schedule 6 to the 2015 Regulations.

Part 6 of this Order amends the Education Workforce Council (Registration Fees) Regulations 2017 (“ the 2017 Regulations”) to make provision in relation to the amount of registration fee payable by the new categories of registration. The fees payable for all categories of registration are set out in regulation 4 of the 2017 Regulations. Regulation 4 also provides that the Welsh Ministers may determine the amount by which those registration fees will be subsidised and requires them to publish the amount of that subsidy on the Welsh Government website.

Part 7 of this Order amends the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023 to add adult learning practitioner and further education teacher to the list of Welsh regulated professions in Schedule 1. These Regulations make provision under section 3(1) of the Professional Qualifications Act 2022 to implement in relation to Wales provisions relating to the recognition of professional qualifications contained in the free trade agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland.

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 Welsh Government at Cathays Park, Cardiff CF10 3NQ and on the Welsh Government website atwww.gov.wales.