Title and coming into force

1.  The title of this Order is the Apprenticeships (Specification of Apprenticeship Standards for Wales) (Modification) Order 2023 and it comes into force on 11 December 2023.

Interpretation

2.  In this Order, “ the Specification of Apprenticeship Standards for Wales” means the document given effect by article 2 of the Apprenticeships (Specification of Apprenticeship Standards for Wales) Order 2013( 2).

Modification

3.  The Specification of Apprenticeship Standards for Wales has effect subject to the modifications specified in the Schedule to this Order.

Article 3

SCHEDULE Modifications to the Specification of Apprenticeship Standards for Wales

1.  For paragraph 1 substitute—

“1.   The Specification of Apprenticeship Standards for Wales (“ SASW ”) sets out the minimum requirements to be included in a recognised Welsh apprenticeship framework. Compliance with the SASW is a statutory requirement of the Apprenticeship, Skills, Children and Learning Act 2009. This version incorporates modifications made to the original SASW published in May 2013 and modifications made in 2016.

It incorporates modifications to allow additional “proxy” qualifications as a recognised alternative to Essential Skills as detailed under each apprenticeship framework level, and includes a more inclusive offer for people with learning difficulties and disabilities to widen participation, opening up the essential skills entry requirements for levels 2 and 3.

It includes a new section on degree and professional apprenticeships (levels 6 and 7), which removes the essential skills requirements for apprenticeships at this level.

Updated guidance has been issued in a separate document. The Welsh Issuing Authorities must have regard to this updated guidance in reaching a decision on whether a framework submission complies with SASW.

The modifications to SASW have been made by order by the Welsh Ministers. ”

2.  For paragraph 2 substitute—

“2.   An apprenticeship framework must specify its level using the national level descriptors described in the Credit and Qualifications Framework for Wales (“ CQFW ”). ”

3.  For paragraph 3 substitute—

“3.   A framework must be at Level 2 to qualify as a Foundation Apprenticeship, be at Level 3 to qualify as an Apprenticeship, be at Level 4 or 5 to qualify as a Higher Apprenticeship and Level 6 or 7 to qualify as a Degree or Professional Apprenticeship. ”

4.  For paragraph 6 substitute—

“6.   A framework must be a minimum of 38 credits, excluding essential skills credits, but may, where appropriate, exceed this; in many cases frameworks will significantly exceed 38 credits. A framework must not be so narrow that it is only relevant to a specific workplace where the apprenticeship was attained. ”

5.  For paragraph 10 substitute—

“10.   The framework developer will decide the balance of credits between occupational competencies and relevant technical knowledge qualifications. However, the framework must specify:

(a) a minimum of 19 credits achieved from an occupational competence-based qualification or the competence element of an integrated qualification, which specifically relates to the skill, trade or occupation and is based on the National Occupational Standards (NOS) where they exist, or industry-wide standards or, where they do not, professional standards for the employment sector for which the framework is designed and be at a level which reflects the job role; and

(b) a minimum of 19 credits achieved from a technical knowledge qualification or knowledge element of an integrated qualification which provides the technical knowledge and understanding of the theoretical concepts specifically relating to the skill, trade or occupation to underpin occupational competence. The knowledge qualification element must equip the apprentice with the knowledge and understanding of the industry and its market; or

(c) a minimum of 19 credits from an equivalent competencies qualification (non-CQFW) recognised by a professional body for a Higher Apprenticeship at Levels 4 or 5 and Degree or Professional Apprenticeships Levels 6 or 7 where the successful completion of such an apprenticeship is a recognised pathway to professional registration. ”

6.  For sub-paragraph 11(b) substitute—

“(b) the learning content from an equivalent competencies qualification recognised by a professional body for a Higher Apprenticeship and a Degree and Professional Apprenticeship, where the successful completion of such an apprenticeship is a recognised pathway to professional registration. ”

7.  After paragraph 16 insert—

“16A.   Some apprentices with a learning difficulty or learning disability may be able to meet the occupational standard but may struggle to achieve the English or maths qualification at the level normally required. Providers are expected to continue to make every effort to help apprentices meet these standards.

However, in recognition of the barriers to participation these requirements may present to a person with a learning difficulty or disability, exceptions for foundation apprenticeships and apprenticeships will be permitted to the English and maths minimum requirements.

The reasonableness of the adjustment to be made will depend on the apprentice’s individual circumstances and assessment. The adjustment may apply to one subject, or to both English and maths. If the adjustment is only applied to one subject, the regular requirements for the non-adjusted subject will continue to apply. Adjusting the minimum requirements to Essential Communication Skills and Essential Application of Number Skills can be considered by the provider on an individual case-by-case basis where all the following conditions have been satisfied:

• The apprentice has either an existing or previously issued Individual Development Plan (IDP), a statement of Special Educational Needs (SEN), Education, Health and Care (EHC) Plan, or a Learning and Skills Plan (LSP);

• An evidenced assessment is undertaken demonstrating that even with support and adjustments the apprentice is not able to achieve English or maths to the minimum level as a result of their learning difficulty or disability;

• The employer and provider must reasonably expect that the apprentice will be able to successfully achieve all other aspects of the apprenticeship requirements, become occupationally competent and achieve Essential Communication Skills and Essential Application of Number Skills in the adjusted subjects before the end of their apprenticeship; and

• There are no industry specific minimum entry requirements. ”

8.  For paragraph 19 substitute—

“19.   A Higher Apprenticeship framework at Levels 4 or 5 or a Degree or Professional Apprenticeship Levels 6 or 7 may specify additional professional qualifications as recognised by the sector if they confer eligibility for professional status. ”

9.  For paragraph 24 substitute—

“24.   A foundation apprenticeship framework may specify as a Welsh certificate requirement a qualification in Essential Digital Literacy Skills to at least Level 1, unless Digital Literacy is not relevant to effective performance in the skill, trade or occupation to which the framework relates. However, exceptions will be permitted for apprentices with learning difficulties or a learning disability as outlined in paragraph 16A. ”

10.  After paragraph 25 insert—

“25A.   The issuing authority may at their discretion specify in a framework the acceptance of regulated qualifications that are equivalent or at a higher level to the proxies listed in SASW for Essential Skills in Communication and Application of Number. Any such qualifications must evidence completion of the competencies being assessed in the Essential Skills qualifications in communication and number.

25B.   Where Essential Skills qualifications are specified in a foundation apprenticeship framework, the apprenticeship framework must specify as a Welsh certificate requirement, the acceptance of one of the recognised proxy qualifications outlined in the tables below:

11.  For paragraph 35 substitute—

“35.   An apprenticeship framework may specify as a Welsh certificate requirement a qualification in Essential Digital Literacy Skills to at least Level 2, unless Digital Literacy is not relevant to effective performance in the skill, trade or occupation to which the framework relates. However, exceptions will be permitted for people with learning difficulties or disabilities, as outlined in paragraph 16A. ”

12.  For paragraph 36 substitute—

“36.   The issuing authority may at their discretion specify in a framework the acceptance of regulated qualifications that are equivalent or at a higher level to the proxies listed in SASW for Essential Communication Skills and Essential Application of Number Skills. Any such qualifications must evidence completion of the competencies being assessed in the Essential Skills qualifications in communication and number .

36A.   Where Essential Skills qualifications are specified in apprenticeship frameworks, the apprenticeship framework must specify as a Welsh certificate requirement, the acceptance of one of the recognised proxy qualifications outlined in the tables below:

13.  For the heading at paragraph 38 substitute “Higher Apprenticeship Frameworks (Levels 4 and 5)”.

14.  After paragraph 42 insert—

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under section 29(1) of the Apprenticeships, Skills, Children and Learning Act 2009 (“ the 2009 Act”). This Order modifies the Specification of Apprenticeship Standards for Wales (“the SASW”) which was originally brought into effect in May 2013 by the Apprenticeships (Specification of Apprenticeship Standards for Wales) Order 2013, and subsequently modified in 2016 by the Apprenticeships (Specification of Apprenticeship Standards for Wales) (Modification) Order 2016.

The SASW specifies the requirements that must be met for recognised Welsh apprenticeship frameworks to be issued under section 19(1) of the 2009 Act.

The modifications made by this Order include ensuring accessibility for those with a learning difficulty or disability.

To assist the reader the Welsh Ministers have published a consolidated version of the SASW which incorporates the modifications shown in the Schedule to this Order.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.