EXPLANATORY NOTE
(This note is not part of the Regulations)
The Education Workforce Council (“the Council”) was continued in existence by section 2 of the Education (Wales) Act 2014 (“the 2014 Act”). Section 4 of the 2014 Act sets out the main functions of the Council. Section 5 of the 2014 Act allows the Welsh Ministers to confer or impose additional functions on the Council. Accordingly, the Education Workforce Council (Accreditation of Initial Teacher Training) (Additional Functions) (Wales) Order 2017 (“the 2017 Order”) confers the following additional functions on the Council (“the Accreditation and Compliance Functions”)—
(a)the accreditation of courses or programmes of study of initial school teacher training;
(b)monitoring compliance of accredited courses or programmes of study of initial school teacher training with the accreditation criteria;
(c)the withdrawal of the accreditation of courses or programmes of study of initial school teacher training; and
(d)charging fees in connection with providing the services in paragraphs (a) to (c).
The Accreditation and Compliance Functions were formerly exercised by the Higher Education Funding Council for Wales (“HEFCW”) under regulation 7 of the School Teachers’ Qualifications (Wales) Regulations 2012 (“the 2012 Regulations”). These Regulations revoke regulation 7 of the 2012 Regulations (regulation 3(1)).
Part 1 of these Regulations contains general provisions including revocation, saving and transitional provisions. Under regulation 7 of the 2012 Regulations HEFCW had the function of accrediting an institution for the provision of courses or programmes of study of initial school teacher training but does not accredit the actual course or programme of study provided. Under the 2017 Order the Council will instead have the function of accrediting courses or programmes of study of initial school teacher training and not the institutions providing the courses or programmes of study. Regulation 3(1) of these Regulations provides that regulation 7 of the 2012 Regulations is revoked but that is subject to the saving provision. As there will continue to be institutions accredited by HEFCW for some time the saving provision is necessary. The purpose of the saving provision is to ensure that regulation 7 of the 2012 Regulations continues to have effect after revocation but only until such time as any institution accredited under regulation 7 of the 2012 Regulations is no longer accredited (“the transitional period”).
Regulation 3(3) of these Regulations provides that institutions accredited by HEFCW will remain accredited until the earlier of the circumstances set out in that regulation occur. This provision applies to students enrolled on a course or programme of study of initial school teacher training immediately prior to the coming into force of these Regulations. The provision is designed to ensure those students are not unfairly prejudiced by the withdrawal of the accreditation of the institution providing the course or programme of study before the end the course or programme of study. As HEFCW will no longer have the function of accrediting institutions regulation 3(4) of these Regulations provides that any reference to HEFCW in regulation 7(3) of the 2012 Regulations is to be read as a reference to the Council. The effect is that the Council may withdraw an accredited institutions accreditation for non compliance with the accreditation criteria (defined in regulation 2) during the transitional period.
Part 2 of these Regulations confers the function of specifying accreditation criteria on the Welsh Ministers. This function was formerly set out in regulation 7(2) and (3) of the 2012 Regulations. Subject to certain exceptions which are set out in the 2012 Regulations successful completion of such a course or programme of study is necessary to obtain qualified teacher status.
Part 3 of these Regulations requires the Council to delegate the accreditation, the monitoring of compliance with the accreditation criteria and the withdrawal of accreditation functions (“the Services”) to a committee to be known as the accreditation of initial school teacher training committee (“the Committee”) (regulation 5), and makes provision about the membership of that Committee (regulation 6). The Council is not required to delegate the setting of fees for it providing the Services to the Committee.
Part 3 of these Regulations also makes provision for an institution to appeal a decision of the Committee to an appeals committee to be known as the accreditation of initial school teacher training appeals committee (“the Appeals Committee”) (regulation 7), and makes provision about the membership of that Appeals Committee (regulation 8).
Part 4 of these Regulations makes provision about the proceedings of the Committee and the Appeals Committee.
Part 5 of these Regulations makes consequential amendments to other regulations which are consequential on the coming into force of these Regulations.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Department for Education and Public Services in the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.