Statutory Instruments
EDUCATION, ENGLAND AND WALES
WALES
Made
17th May 1998
Laid before Parliament
19th May 1998
Coming into force
15th June 1998
In exercise of the powers conferred on the Secretary of State by section 537A(4)(b) and 569(4) and (5) of the Education Act 1996(1), the Secretary of State for Wales hereby makes the following Regulations:
1.-(1) These Regulations may be cited as the Education (Individual Performance Information) (Prescribed Bodies and Persons) (Wales) Regulations 1998 and shall come into force on 15th June 1998.
(2) These Regulations apply to information relating to pupils at schools (other than nursery schools) in Wales only.
2.-(1) In these Regulations-
"the Act" means the Education Act 1996;
"individual performance information" means information within the meaning of section 537A(2) of the Act, namely, information about the performance in any of the assessments, examinations and qualifications referred to in that subsection of individual pupils identified in the prescribed manner(2);
"key stage" means any of the periods set out in paragraphs (a) to (d) respectively of section 355(1) of the Act and a reference to the first, second or third key stage is a reference to the periods set out respectively in paragraphs (a), (b) and (c) of the said section 355(1); and
"the relevant local education authority" means the local education authority for the area in which the school, at which the pupil (in respect of whom any individual performance information provided relates) is or was registered, is situated.
(2) The reference in regulation 3(1) to "a body collating or checking performance information" is a reference to any body to which section 537(A)(4) of the Act applies, namely, any body which, for the purposes of or in connection with the functions of the Secretary of State relating to education, is responsible for collating or checking information relating to the performance of pupils in any assessment or examination falling within subsection (2)(a), (b) or (d) of that section, or in connection with the attainment of any qualification falling within subsection (2)(c) or (d) of that section.
3.-(1) For the purposes of section 537A(4)(b) of the Act, the Secretary of State hereby prescribes that-
(a)a body to which a body collating or checking performance information may provide individual performance information is any of the bodies referred to in paragraph (2) below; and
(b)the individual performance information which a body collating or checking performance information may so provide, at such times as the Secretary of State may determine, is any such information received by it under section 537A(4) relating to the performance of individual pupils in any National Curriculum assessments of pupils at or near the end of the final year of the first, second or third key stage.
(2) The bodies referred to in paragraph (1)(a) above are-
(a)the relevant local education authority;
(b)the Office of Her Majesty's Chief Inspector of Schools in Wales(3);
(c)Awdurdod Cymwysterau, Cwricwlwm ac Asesu Cymru or the Qualifications, Curriculum and Assessment Authority for Wales(4).
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
17th May 1998
(This note is not part of the Regulations)
These Regulations, which apply only in relation to pupils at schools in Wales, prescribe which bodies and persons may be provided with "individual performance information" under section 537A(4)(b) of the Education Act 1996 by a body collating or checking information relating to the performance of pupils (regulation 3).
"Individual performance information" is defined by section 537A(2) to mean
"information about the performance of individual pupils (identified in the prescribed manner)-
(a)in any assessment made for the purposes of the National Curriculum or in accordance with a baseline assessment scheme (within the meaning of Chapter I of Part IV of the Education Act 1997);
(b)in any prescribed public examination;
(c)in connection with the attainment of any vocational qualification; or
(d)in any such other assessment or examination, or in connection with the attainment of any such other qualification, as may be prescribed.".
These Regulations also prescribe which individual performance information may be provided by those bodies which are responsible for collating or checking information relating to the performance of pupils. That information relates to any National Curriculum assessments of pupils at or near the end of the final year of the first, second or third key stage (regulation 3).
1996 c. 56; section 537A was inserted by section 20 of the Education Act 1997 (c. 44); for the meaning of "prescribed" and "regulations" see section 579(1).
The prescribed manner of identification of individual pupils is given in the Education (Individual Performance Information) (Identification of Individual Pupils) Regulations 1997 (S.I. 1997/1489).
The Office of Her Majesty's Chief Inspector of Schools in Wales is the non-ministerial government department which serves Her Majesty's Chief Inspector of Schools in Wales.
Awdurdod Cymwysterau, Cwricwlwm ac Asesu Cymru or the Qualifications, Curriculum and Assessment Authority for Wales was established by section 14(1)(b) of the Education Reform Act 1988 (c. 40) under the name of the Curriculum Council for Wales, renamed as the Curriculum and Assessment Authority for Wales by section 253(1) of the Education Act 1993 (c. 35), continued in existence under that name by section 360 of the Education Act 1996 and given its current name by section 27(1) of the Education Act 1997.