The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023

Amendment to the 2016 Order

9.—(1) The 2016 Order is amended as follows.

(2) In article 2—

(a) omit the definitions of “relevant body” and “voluntary body”;

(b) insert at the appropriate place—

““Education Workforce Council (“Cyngor y Gweithlu Addysg”) means the Education Workforce Council continued in existence by section 2(1) of the 2014 Act;”;

““relevant employer” (“cyflogwr perthnasol”) means a person who employs or otherwise engages persons to provide youth development services in Wales;”.

(3) In article 3, after paragraph (2) insert—

“(3) The Education Workforce Council must—

(a) prepare and maintain a list of youth worker qualifications, and

(b) inform the Welsh Ministers on an annual basis whether the list of youth worker qualifications specified in Part 1 of Schedule 1 should be amended.”

(4) After article 3 insert—

“Provisional registration of youth workers

3A.   A person may be registered on a provisional basis as a youth worker if the person is working towards obtaining one of the qualifications specified as youth worker qualifications in Part 1 of Schedule 1.”

(5) In article 4—

(a) in paragraph (1)—

(i) for “falling within the category of youth worker in Table 1 in paragraph 1 of Schedule 2 to the 2014 Act” substitute “within paragraph (1A)”,

(ii) after “youth development services” insert “in Wales”, and

(iii) for “body” substitute “employer”;

(b) after paragraph (1) insert—

“(1A) A person is within this paragraph if—

(a) the person falls within the category of youth worker in Table 1 in paragraph 1 of Schedule 2 to the 2014 Act, or

(b) the person is working towards obtaining one of the qualifications specified as youth worker qualifications in Part 1 of Schedule 1.”

(6) In article 5, after paragraph (2) insert—

“(3) The Education Workforce Council must—

(a) prepare and maintain a list of youth support worker qualifications, and

(b) inform the Welsh Ministers on an annual basis whether the list of youth support worker qualifications specified in Part 1 of Schedule 2 should be amended.”

(7) After article 5 insert—

“Provisional registration of youth support workers

5A.   A person may be registered on a provisional basis as a youth support worker if the person is working towards obtaining one of the qualifications specified as youth support worker qualifications in Part 1 of Schedule 2.”

(8) In article 6—

(a) in paragraph (1)—

(i) for “falling within the category of youth support worker in Table 1 in paragraph 1 of Schedule 2 to the 2014 Act” substitute “within paragraph (1A)”,

(ii) after “youth development services” insert “in Wales”, and

(iii) for “body” substitute “employer”;

(b) after paragraph (1) insert—

“(1A) A person is within this paragraph if—

(a) the person falls within the category of youth support worker in Table 1 in paragraph 1 of Schedule 2 to the 2014 Act, or

(b) the person is working towards obtaining one of the qualifications specified as youth support worker qualifications in Part 1 of Schedule 2.”;

(c) For paragraph (2) substitute—

“(2) Paragraph (1) does not apply to a person who is—

(a) 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); or

(b) registered on a provisional basis as a youth worker in accordance with article 4.”

(9) Schedule 1 (Youth Workers) is amended in accordance with the Schedule to this Order.

(10) In Schedule 2—

(a) in paragraph 3(2) omit paragraphs (a) and (b),

(b) in paragraph 4(2)—

(i) omit paragraphs (a) to (e), (g) and (i),

(ii) in paragraph (f) for “award” substitute “certificate”,

(c) in paragraph 5(2) omit paragraph (a), and

(d) in paragraph 6(2), in the English language text, omit paragraphs (a) to (f) and in the Welsh language text, omit paragraphs (a) to (e).

(11) But the provisions omitted by paragraph (10) continue to have effect in relation to persons who are registered in the category of youth support worker before the commencement of this Order until 31 May 2025.