A regulated occupation is regulated by law. The occupation is regulated by law where there is a legal rule:

  • to have certain qualifications or experience (or meet an alternative condition or rule) in order to undertake certain professional activities or use a protected title

Statutory regulators have legal functions relating to the regulation of a regulated occupation. They carry out a range of functions for the occupations they regulate. These include:

  • making sure individuals have the necessary qualifications and experience to practise the occupation
  • taking any necessary enforcement action

In some occupations, these functions are carried out by a single regulator. In other cases, the functions are distributed across several regulators. The government has set out a list of ‘regulated professions’. These are on the regulated professions and their regulators list. We expect to treat the ‘regulated professions’ in this list as regulated occupations. This is for the purposes of our functions.

A statutory regulator's requirements for an occupation should be reflected in:

  • the occupational standard’s knowledge, skills and behaviours (KSBs)
  • any mandatory qualifications (where applicable)

Trailblazer groups may include more KSBs beyond those required by the regulator. Further to this process, IfATE also approves technical qualifications (TQs). These include T levels, HTQs, level 3 and below. For IfATE approval, any TQs in a regulated occupation must be recognised by the regulator.

Statutory regulators usually prescribe how new entrants to the occupation should be assessed. They will set out the level of competence needed to be able to practise the occupation. The assessment prescribed by a statutory regulator can constitute the apprenticeship’s EPA. Thus, achieving the apprenticeship leads to attainment of the regulator’s requirements. The apprenticeship is then referred to as being a ‘statutory integrated apprenticeship’.

EPA remains a fundamental part of a statutory integrated apprenticeship. Usually, it will reflect the existing assessment arrangements of the statutory regulator. Apprentices must pass EPA to:

  • complete their apprenticeship.
  • be confirmed as occupationally competent.

Statutory integration will be done where it does not compromise the quality of the EPA. IfATE will set robust criteria (see below). To ensure that the apprenticeship continues to be respected and valued by employers.

This approach simplifies and strengthens how EPAs work for statutory integrated apprenticeships. It improves the status of apprentices. This is by giving them parity with people on other training routes in assessment terms. It will increase value for money to better support the apprenticeship system. It will also reduce the burden of assessment on apprentices and employers.

It is a positive step in improving the quality and standing of apprenticeships.

 

1. Criteria for statutory integration

The criteria for an occupation to be eligible for statutory integration is:

  1. the occupation (profession) must be regulated by a statutory regulator.
  2. the statutory regulator carries out functions for the occupations they regulate. This includes:
    • making sure individuals have the necessary qualifications and experience to practise the occupation.
    • taking any necessary enforcement action.
  1. the statutory integrated apprenticeship meets the apprenticeship requirements (IfATE’s apprenticeship policy).

The EPA arrangements will vary between apprenticeships as they do now. This is because the statutory regulator's requirements are specific to each occupation. How EPA will operate for each regulated occupation will be set out in its assessment plan.

The EPA will be designed to align with the assessment arrangements set out by the regulator. These assessment arrangements will need to confirm full occupational competency.

It may not always be possible to integrate with a regulator's assessment arrangements. We will work with the statutory regulator to achieve a solution. This solution should work in the interest of apprentices and employers.

 

2. Statutory integration approaches

There are different statutory integration approaches.

Statutory integration:

The assessment prescribed by a statutory regulator will constitute the apprenticeship’s EPA. This will only be the case where:

  • we confirm that there is assessment that meets the apprenticeship requirements
  • we determine that no extra EPA method or methods are needed


Statutory integration plus:

The apprenticeship’s EPA goes beyond the statutory regulator's arrangements for assessing competence. This may be because the trailblazer has included more KSBs that need assessing. This will only be the case where:

  • we confirm that there is assessment that meets the apprenticeship requirements
  • we determine that extra EPA method or methods are needed

 

3. Statutory integration - approvals process

Regulated occupations must adopt a statutory integrated approach where practicable. A request will need to be submitted to confirm alignment with the criteria. The request must be made using the statutory integration request pro-forma. Your product manager (PM) will be able to provide you with a copy of the pro-forma. Your request must be supported by written evidence, and meet the criteria set out in section 1.

Requests should be made during the development of the apprenticeship. The outcome of the request will determine the EPA approach and the detail of the assessment plan.

You must engage with organisations whose support or involvement is needed. This includes the statutory regulator. This engagement should take place during the apprenticeship development process.

The statutory regulator must provide a letter confirming their support of the apprenticeship. The letter must also state that they will undertake their role as set out in the assessment plan. This letter must be submitted alongside the apprenticeship during the approvals process.

Awarding bodies must also provide a letter if their involvement is required. The letter must confirm their support for the integrated EPA. They must also confirm that they will undertake their role as set out in the assessment plan.

The end-point assessment organisation (EPAO) role will be described in the assessment plan. EPAOs must adhere to the requirements of the apprenticeship providers and assessment register.

The approval for each request will depend on:

  • discussions with trailblazers and statutory regulators
  • the evidence provided
  • the outcome of IfATE’s approvals process

Any request to an existing apprenticeship will follow IfATE’s change requests process. This will involve consideration of the funding band. Each revision is considered individually for each apprenticeship. The funding band may go up, down or stay the same following the revision. We will give at least three months’ notice of any revised assessment plan coming into effect.

IfATE must be notified of any changes to the statutory regulator's assessment arrangements. These changes will trigger a review of the apprenticeship. The apprenticeships that have a statutory integration approach will change over time. This will be for several reasons including:

  • new occupations and new apprenticeships coming into existence
  • regulatory arrangements for occupations changing
  • the views of trailblazers
  • the views of the statutory regulators

 

4. Statutory integration - external quality assurance

The statutory regulator(s) may have the option to do their own EQA. They will need to meet the requirements for external quality assurance of apprenticeships.

Otherwise, EQA will be the responsibility of the Office for Students or Ofqual. The Office for Students are the EQA organisation for degree apprenticeships. Ofqual are the EQA provider for non-degree apprenticeship.

 


Last updated 21 June 2023
(KS, NS)