Background and Purpose
These Regulations amend the Education Workforce Council (Main Functions) (Wales) Regulations 2015 (“the 2015 Regulations”) and the Education Workforce Council (Additional Categories of Registration and Further Education Teacher Qualifications) (Wales) Order 2024 (“the 2024 Order”).
Regulation 19 of the 2015 Regulations set out the requirements a person must meet in order to provide further education in or for a further education institution. Regulations 2 to 4 of these regulations amend the 2015 Regulations in order to—
· update the list of qualifications a further education teacher may hold;
· add neonatal care leave and absence due to sickness or injury to the list of reasons that can be disregarded when calculating the period of time a person is permitted to carry out certain registered roles whilst working towards qualifications; and
· correct minor errors.
The 2024 Order provides for registration requirements for any person working in the role of adult learning practitioner. They provide a person may work in a registered role for a specified period, if they are working towards qualifications. These Regulations amend those requirements to provide that, when calculating how long a person has been working towards qualifications, a period of neonatal care leave and absence due to sickness or injury may be disregarded.
Procedure
Senedd annulment procedure.
The Regulations were made by the Welsh Ministers before they were laid before the Senedd. The Senedd can annul the Regulations within 40 days (excluding any days when the Senedd is: (i) dissolved, or (ii) in recess for more than four days) of the date they were laid before the Senedd.
Technical Scrutiny
The following point is identified for reporting under Standing Order 21.2 in respect of this instrument.
1. Standing Order 21.2(v) - that for any particular reason its form or meaning needs further explanation.
Regulation 19 of the 2015 Regulations provides that a person may not provide education in or for a further education institiution unless they hold a specified qualification. Part 1 (Qualifications) of Schedule 6 (Further education teachers) to the 2015 Regulations list specified qualifications for the purposes of regulation 19.
Regulation 3 of these Regulations updates the list of specified qualifications by inserting 4 new tables into Schedule 6 of the 2015 Regulations. In relation to the awarding bodies listed in the second column of the new tables, some appear to have been named informally without reference to key details such as a full organisational title, company number, charity number or registered or principal address.
For example “OCR” are listed several times. An internet search of the term “OCR” brings up a range of results unconnected with education and one for “Cambridge OCR” who are associated with or part of the Cambridge University Press & Assessment. Similarly “Cambridge English” is also listed as an awarding body. Cambridge English is also part of Cambridge University Press and Assessment. However Companies House also lists two dissolved companies with that name and one existing company that is very similarly named and it is not clear which the inserted table intends to refer to.
The Welsh Government are asked to confirm it is content that each awarding body in the newly inserted tables are described or named in accordance with good legislative practice and in sufficiently precise terms to ensure they will be correct identified by users of this legislation.
Merits Scrutiny
No points are identified for reporting under Standing Order 21.3 in respect of this instrument.
Welsh Government response
A Welsh Government response is required.
Legal Advisers
Legislation, Justice and Constitution Committee
11 March 2026