The Education Workforce Council (Main Functions) (Wales) (Amendment) Regulations 2016

Amendment

2.  The Education Workforce Council (Main Functions) (Wales) Regulations 2015(1) are amended as follows—

(a) in regulation 3(1)—

(i) in the appropriate place in alphabetical order, insert—

““nominated teacher” (“athro neu athrawes enwebedig”) means a person who is mentioned in paragraphs 3, 4, 5, 6 or 7 of Schedule 3 to these Regulations and who is nominated by the head teacher where the head teacher considers that appropriate in the circumstances”; and

(ii) in the definition of “serious professional incompetence” for “level of incompetence” substitute “level of competence”;

(b) in regulation 16 after “by virtue of”, in the first place it occurs, insert “regulation 18A or”;

(c) in regulation 18 after “(register maintained by the Council)” insert “in the category of school teacher”;

(d) after Part 3 insert—

“PART 3A Requirement to be registered: school learning support workers

School learning support workers

18A.— (1) A school learning support worker is a person who provides the services specified in regulation 17 (“the services”) or supports the provision of the services by a school teacher.

(2) A school learning support worker must not provide the services or support the provision of the services by a school teacher unless—

(a) they are registered under section 9 of the 2014 Act (register maintained by the Council) in the category of school learning support worker;

(b) they provide the services with direct interaction with learners to assist or support the work of school teachers or nominated teachers in the school;

(c) they provide the services under the direction and supervision of school teachers or nominated teachers in accordance with arrangements made by the head teacher of the school; and

(d) the head teacher is satisfied that they have the skills, expertise and experience to provide the services.

(3) In determining whether a person has the skills, expertise and experience required to provide the services specified in paragraph (2)(d) in a school, head teachers must have regard to—

(a) the standards for higher-level teaching assistants, or guidance concerning the qualifications for school learning support workers that may be published from time to time by the Welsh Ministers; and

(b) guidance as to the contractual matters relating to school learning support workers as may be published from time to time by any local authority or other employer.”;

(e) after Part 4 insert—

“Part 4A Requirement to be registered: further education learning support workers

Requirement to be registered: further education learning support workers

19A.   A person must not provide the services set out in section 16(2) of the 2014 Act unless they are registered under section 9 of the 2014 Act (register maintained by the Council) in the category of further education learning support worker.”; and

(f) in Schedule 3 omit paragraph 8.

(1)

S.I. 2015/140 (W. 8).