Statutory regulated occupations

To practice in some occupations (professions) it is a legal requirement for individuals to be registered with a statutory regulator. A statutory regulator is one where Parliament has prescribed that the occupation (profession) must be regulated, and a statutory regulator has undisputed control of access to the occupation. Individuals must meet the requirements of the statutory regulator to work in the occupation. This may be referred to as a ‘license to practice’. We would generally expect the statutory regulator to maintain a register of individuals admitted to the profession, that everyone can search, and on which individuals need to be listed to able to practice. 

 Where this is the case, the statutory regulator’s requirements for an occupation should be reflected in the occupational standard’s knowledge, skills and behaviours (KSBs) and any mandated qualifications (where applicable). Trailblazer groups may identify other KSBs that the occupational standard needs to contain beyond those required by the regulator.   

Statutory regulators will usually prescribe how individuals seeking registration should be assessed and what level of competence they need to attain to be licenced to practice or added to the regulator’s register. They are likely to also have other requirements which need to be met. For example, character suitability.  

 In some circumstances, the apprenticeship standard’s end-point assessment (EPA) may include the arrangements prescribed by a statutory regulator for assessing competence. This can mean that successful achievement of the apprenticeship standard can lead to achievement of the statutory regulator’s competence requirements. The EPA and apprenticeship standard are then referred to as ‘integrated’.  

 You need to engage with the statutory regulator during the apprenticeship standard development process.  

 There are different integrated approaches.  

1. Statutory regulator’s competence requirements assess the KSBs – fully integrated

In some circumstances, it may be appropriate for the assessment(s) prescribed by a statutory regulator to constitute the apprenticeship standard’s EPA.  

This will only be the case where we confirm that there is adequate assessment of the occupational standard’s KSBs and where we determine that no additional EPA method or methods are needed. The occupational standard and EPA must meet our apprenticeship requirements. 

When the apprenticeship standard is submitted to the approvals process, the statutory regulator must provide a letter confirming their support for the occupational standard and integrated EPA and that they will undertake their role as set out in the EPA plan.  

2. Statutory regulator’s competence requirements assess some of the KSBs – partially integrated

The EPA may combine the statutory regulator’s prescribed competence assessment(s) with an additional EPA method or methods to assess competence against the occupational standard’s KSBs. The occupational standard and EPA must meet our apprenticeship requirements.  

There are different ways this could be achieved, examples below. 

An EPA method delivered by an end-point assessment organisation (EPAO) forms the final part of a qualification that is mandated on the occupational standard as it is required by the statutory regulator, or part of the regulator’s assessment. 

 For example, an EPA has three EPA methods: 1. observation with questions, 2. interview, and 3. test. The EPAO administers the three EPA methods. The test is also the final part of a qualification mandated on the occupational standard that is required by the statutory regulator. The qualification cannot be achieved until the EPAO confirms the EPA test is successfully completed.   

For this approach: 

• the EPAO’s assessment tools and materials will need to meet the requirements of the qualification or assessment required by the statutory regulator
• the EPAO or course may need to be approved by the statutory regulator 
• it may be desirable to mandate the order of EPA methods, so that the final part of the qualification or assessment required by the statutory regulator is the last EPA method 
• it may be desirable to have more than two discrete EPA methods, to avoid risks linked to any changes to the qualification or assessment required by the statutory regulator 
• it may be desirable to minimise the number of KSBs mapped to the qualification or assessment required by the statutory regulator
• grading of the EPA method used as part of the qualification or assessment required by the regulator should be the same 

 A statutory regulator’s assessment could be an EPA method. 

For example, an EPA has three EPA methods: 1. practical demonstration, 2. test, and 3. interview. The EPAO administers two of the EPA methods – the practical demonstration and test. The statutory regulator administers the interview and supplies the result to the EPAO. The EPAO combines the results of the three EPA methods to determine the EPA grade.  

 For this approach: 

• consider implications for sub-contracting and funding  
• it may be desirable to mandate the order of EPA methods, so that the final part of the qualification or assessment required by the statutory regulator is the last EPA method  
• it may be desirable to have more than two discrete EPA methods, to avoid risks linked to any changes to the qualification or assessment required by the statutory regulator  
• it may be desirable to minimise the number of KSBs mapped to the qualification or assessment required by the statutory regulator

 You will need to engage with any organisations whose support or involvement is required to deliver the integrated EPA during the development process. 

When the apprenticeship standard is submitted to the approvals process, the statutory regulator must provide a letter confirming their support for the occupational standard and integrated EPA and that they will undertake their role as set out in the EPA plan. 

 Awarding organisations must also provide a letter, where an integrated EPA requires their involvement, confirming their support for the integrated EPA and that they understand and will undertake their role as set out in the plan.  

3. Statutory regulator’s competence requirements – non-integrated

In some cases, the requirements of a statutory regulator may need to be met during the apprenticeship’s on-programme period. The apprentice will still need to complete additional training after the statutory regulator’s requirements have been met to achieve full competence in the occupation. This means the statutory regulator’s competence requirements cannot be integrated with the EPA.