2016 No. 236 (W. 88)
The Qualifications Wales Act 2015 (Consequential Amendments) Regulations 2016
Made
Coming into force
The Welsh Ministers in exercise of the powers in sections 55(1)(c) and 59 of the Qualifications Wales Act 20151 make the following Regulations.
The Welsh Ministers consider it expedient for the purposes of, or in consequence of, provisions of that Act to make the following Regulations.
In accordance with section 55(2) of the Qualifications Wales Act 2015, a draft of these Regulations was laid before the National Assembly for Wales and approved by a resolution of the National Assembly for Wales.
PART 1Introduction
Title and commencement1
The title of these Regulations is the Qualifications Wales Act 2015 (Consequential Amendments) Regulations 2016 and they come into force on 1 May 2016.
PART 2Amendments to primary legislation
Amendment to the Learning and Skills Act 20002
In section 33N(1) of the Learning and Skills Act 20002 for the definition of “course of study” substitute—
“course of study” means a course of education or training that—
- a
leads to a form of qualification or set of forms of qualification approved under Part 4 of the Qualifications Wales Act 2015 or designated under Part 5 of that Act, or
- b
is designated by the Welsh Ministers under section 34(8) of that Act;
Amendment to the Education Act 20023
In section 97 of the Education Act 20023 for the definition of “course of study” substitute—
“course of study” means a course of education or training that—
- a
leads to a form of qualification or set of forms of qualification approved under Part 4 of the Qualifications Wales Act 2015 or designated under Part 5 of that Act, or
- b
is designated by the Welsh Ministers under section 34(8) of that Act;
PART 3Amendments to secondary legislation
Amendment to the Council Tax (Discount Disregards) Order 19924
In paragraph 1(1)(b) of Part 1 of Schedule 1 to the Council Tax (Discount Disregards) Order 19924, as it applies in relation to Wales, for subparagraph (iii) substitute—
iii
a qualification which is awarded by a body in respect of the award of which it is recognised by Qualifications Wales under Part 3 of the Qualifications Wales Act 2015;
Amendment to the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 19945
In regulation 2(1) of the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 19945, as it applies in relation to Wales, for the definition of “approved relevant qualification” substitute—
“approved relevant qualification” is a qualification within the meaning of section 56 of the Qualifications Wales Act 2015;
Amendment to the Education (Special Schools) Regulations 19946
In regulation 2(1) of the Education (Special Schools) Regulations 19946 for the definition of “approved relevant qualification” substitute—
“approved relevant qualification” is a qualification within the meaning of section 56 of the Qualifications Wales Act 2015;
Amendment to the Motor Vehicles (Driving Licences) Regulations 19997
In regulation 22 of the Motor Vehicles (Driving Licences) Regulations 19997, within the definition of “educational qualification” for paragraph (f) substitute—
f
a qualification which has been awarded by a body in respect of the award of which it is recognised by Qualifications Wales under Part 3 of the Qualifications Wales Act 2015;
Amendment to the Education (Information About Individual Pupils) (Wales) Regulations 20078
The Education (Information About Individual Pupils) (Wales) Regulations 20078 are amended as follows—
a
in regulation 3, delete the definition of “relevant qualification”;
b
in regulation 5(2) for subparagraph (f) substitute—
ea
Qualifications Wales;
f
any body recognised by Qualifications Wales under Part 3 of the Qualifications Wales Act 2015 as a body awarding qualifications in Wales;
c
in regulation 5(5) in subparagraph (e) delete “and”; and
d
in regulation 5(5) at the end insert —
; and
g
any course of study leading to a qualification (other than one of the kind referred to in sub-paragraph (b) or (e) above) provided to pupils of compulsory school age in any school maintained by a local authority if —
i
the form of qualification to which the course leads is approved under Part 4 of the Qualifications Wales Act 2015 or designated under Part 5 of that Act, or
ii
the course is designated by the Welsh Ministers under section 34(8) of the Qualifications Wales Act 2015.
Amendment to the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 20099
At the end of regulation 3(5) of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 20099 add—
x
Qualifications Wales.
Amendment to the Education (Local Curriculum for Pupils in Key Stage 4) (Wales) Regulations 200910
Regulation 2 of the Education (Local Curriculum for Pupils in Key Stage 4) (Wales) Regulations 200910 is amended as follows—
a
in the definition of “NQF” omit the words from “comprising relevant qualifications” to the end;
b
in the definition of “QCF” omit the words from “comprising relevant qualifications” to the end; and
c
in the definitions of “NQF level” and “QCF level” omit “relevant”.
Amendment to the Education (Information About Children in Alternative Provision) (Wales) Regulations 200911
In regulation 2 of the Education (Information About Children in Alternative Provision) (Wales) Regulations 200911 for the definition of “approved relevant qualification” substitute—
“approved relevant qualification” (“cymhwyster perthnasol a gymeradwywyd”) is a qualification within the meaning of section 56 of the Qualifications Wales Act 2015;
Amendment to the Head Teacher’s Report to Parents and Adult Pupils (Wales) Regulations 201112
In regulation 2(1) of the Head Teacher’s Report to Parents and Adult Pupils (Wales) Regulations 201112—
a
in the definition of “approved relevant qualification” for “section 30(5) of the Education Act 1997” substitute “section 56 of the Qualifications Wales Act 2015”; and
b
in the definition of “NQF” omit the words from “comprising relevant qualifications” to the end.
Amendment to the School Performance and Absence Targets (Wales) Regulations 201113
Regulation 2(1) of the School Performance and Absence Targets (Wales) Regulations 201113 is amended as follows—
a
in the definition of “approved relevant qualification” for “section 30(5) of the Education Act 1997” substitute “section 56 of the Qualifications Wales Act 2015”;
b
in the definition of “NQF” omit the words from “comprising relevant qualifications” to the end; and
c
in the definition of “NQF level” omit “relevant”.
Amendment to the School Performance Information (Wales) Regulations 201114
1
The School Performance Information (Wales) Regulations 201114 are amended as follows.
2
In regulation 2(1) at the appropriate place insert—
“approval number”(“rhif cymeradwyo”) is the number allocated to a qualification by Qualifications Wales under section 22(3) of the Qualifications Wales Act 2015;
3
In regulation 2(1), for the definition of “approved relevant qualification” substitute—
“approved relevant qualification” (“cymhwyster perthnasol a gymeradwywyd”) is a qualification within the meaning of section 56 of the Qualifications Wales Act 2015;
4
In paragraph 3 in Part 1 of Schedule 3, for sub-paragraphs (e) and (f) substitute—
e
the date awarded;
f
the qualification number (if any); and
g
the approval number (if any).
5
In paragraph 6 in Part 2 of Schedule 3, for sub-paragraphs (e) and (f) substitute—
e
the date awarded;
f
the qualification number (if any); and
g
the approval number (if any).
Amendment to the Operation of the Local Curriculum (Wales) Regulations 201315
In regulation 2 of the Operation of the Local Curriculum (Wales) Regulations 201315 for the definition of “course of study” substitute—
“course of study” means a course of education or training that—
- a
leads to a form of qualification or set of forms of qualification approved under Part 4 of the Qualification Wales Act 2015 or designated under Part 5 of that Act, or
- b
is designated by the Welsh Ministers under section 34(8) of that Act;
Amendment to the Gangmasters Licensing (Exclusions) Regulations 201316
In paragraph 13 of Part 2 of the Schedule to the Gangmasters Licensing (Exclusions) Regulations 201316 for subparagraph (b) substitute—
b
in relation to Wales, is a qualification within the meaning of section 56 of the Qualifications Wales Act 2015;
Amendment to the Welsh in Education Strategic Plans and Assessing Demand for Welsh Medium Education (Wales) Regulations 201317
In regulation 2 of the Welsh in Education Strategic Plans and Assessing Demand for Welsh Medium Education (Wales) Regulations 201317 in the definition of “relevant qualification” for “it in section 30(5) of the Education Act 1997” substitute ““qualification” in section 56 of the Qualifications Wales Act 2015”.
Amendment to the Education (School Development Plans) (Wales) Regulations 201418
In regulation 2(1) of the Education (School Development Plans) (Wales) Regulations 201418 in the definition of “approved relevant qualifications” for “section 30(5) of the Education Act 1997” substitute “section 56 of the Qualifications Wales Act 2015”.
Amendment to the National Minimum Wage Regulations 201519
In regulation 3 of the National Minimum Wage Regulations 201519 in the definition of “further education course” in paragraph (b) for subparagraphs (ii), (iii) and (iv) substitute—
ii
is funded by a local authority, or
iii
leads to a qualification awarded by a body in respect of the award of which it is recognised by Qualifications Wales under Part 3 of the Qualifications Wales Act 2015;
Amendment to the Education (Student Information) (England) Regulations 201520
In Schedule 2 to the Education (Student Information) (England) Regulations 201520—
a
in paragraph 1(18) of Part 1 delete “and”; and
b
at the end of paragraph 1(19) add—
; and
20
Qualifications Wales.
Revocation of saving provision in respect of accredited qualifications for the purposes of the National Minimum Wage Regulations 201521
Article 13 of the Qualifications Wales Act 2015 (Commencement No. 2 and Transitional and Saving Provisions) Order 201521 is revoked.
(This note is not part of the Regulations)