Background and Purpose
The Specification of Apprenticeship Standards for Wales (the “SASW”) specifies the requirements that must be met for recognised Welsh apprenticeship frameworks to be issued. The SASW was modified by the Apprenticeships (Specification of Apprenticeship Standards for Wales) (Modification) Order 2023 (the “Modification Order”).
This Order revokes the Modification Order as a result of 13 technical reporting points identified in the Committee’s report on the Modification Order.
This Order was made on 7 December 2023 and came into force on 9 December 2023.
Procedure
Negative.
The Order was made by the Welsh Ministers before it was laid before the Senedd. The Senedd can annul the Order within 40 days (excluding any days when the Senedd is: (i) dissolved, or (ii) in recess for more than four days) of the date it was laid before the Senedd.
Technical Scrutiny
No points are identified for reporting under Standing Order 21.2 in respect of this instrument.
Merits Scrutiny
The following point is identified for reporting under Standing Order 21.3 in respect of this instrument.
1. Standing Order 21.3(ii) – that it is of political or legal importance or gives rise to issues of public policy likely to be of interest to the Senedd.
We note the breach of the 21-day convention (i.e. the convention that 21 days should pass between the date a “made negative” instrument is laid before the Senedd and the date the instrument comes into force), and the following explanation for the breach provided by Vaughan Gething MS, Minister for Economy, in a letter to the Llywydd dated 8 December 2023:
“…The purpose of the [Modification] Order was to make changes to the [SASW] to support the Welsh Government’s policy goals in respect of apprenticeships.
…The SASW specifies the requirements that must be met for recognised Welsh apprenticeship frameworks to be issued under section 19(1) of the Apprenticeships, Skills, Children and Learning Act 2009.
… Upon receipt of a report from the Legislation, Justice and Constitution Committee it became apparent that there were technical defects in the [Modification] Order that would prevent it from working as intended. It is therefore necessary to revoke the Modification Order before it comes into force on the 11 December.”
Welsh Government response
A Welsh Government response is not required.
Legal Advisers
Legislation, Justice and Constitution Committee
10 January 2024