The Education (Individual Performance Information) (Prescribed Bodies and Persons) (Wales) Regulations 1998

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 1996¹, the Secretary of State for Wales hereby makes the following Regulations:

Citation, commencement and application

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.

Interpretation

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 manner²;

• “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 Wales³;

• (c) Awdurdod Cymwysterau, Cwricwlwm ac Asesu Cymru or the Qualifications, Curriculum and Assessment Authority for Wales⁴.

Signed

Signed by authority of the Secretary of State for Wales

Peter Hain — Parliamentary Under Secretary of State, Welsh Office — 17th May 1998

Explanatory note

(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).

Footnotes