The Education (School Information) (Wales) Regulations 1999

PART I GENERAL

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (School Information) (Wales) Regulations 1999 and shall come into force on 1st September 1999.

(2) These Regulations apply only in relation to schools in Wales.

Revocation

2.  The Education (School Information) (Wales) Regulations 1997(1), the Education (School Information) (Wales) (Amendment) Regulations 1998(2) and the Education (School Information) (Wales) (Amendment) Regulations 1999(3) are revoked.

Interpretation

3.—(1) In these Regulations, unless the context otherwise requires–

• “the 1996” Act means the ;

• “the 1998 Act” means the School Standards and Framework Act 1998;

• “admission school year” means a school year at the beginning of which pupils are to be admitted to any school;

• “Assembly” means the National Assembly for Wales(4);

• “assessment” means assessment under the statutory arrangements, and references to levels shall be construed in accordance with those arrangements;

• “attainment targets” has the meaning given by section 353(a) of the 1996 Act;

• “authority” means a local education authority and, in relation to an authority, “the offices” means the education offices;

• “class” has the meaning given to that term by section 355(5) of the 1996 Act;

• “key stage” means any of the periods set out in paragraph (a) to (d) respectively of section 355(1) of the 1996 Act, and a reference to the first, second or third key stage is a reference to the periods set out respectively in the said paragraphs (a) to (c);

• “NC tests”, in the case of pupils in the final year of the first key stage, means standard task assessments administered to pupils in accordance with the statutory arrangements and, in relation to pupils in the final year of the second or third key stage, `NC tests' and `NC tasks' mean respectively National Curriculum tests and National Curriculum tasks administered to pupils in accordance with those arrangements;

• “non-maintained special school” means a special school which is not maintained by an authority (and is not established in a hospital);

• “previous school year” means the school year immediately preceding the reporting school year;

• “primary education” does not include such education provided at a middle school;

• “public examinations” means public examinations which are for the time being prescribed by regulations made under section 453(1) of the 1996 Act(5);

• “publication school year” means the school year immediately preceding the admission school year;

• “relevant attainment targets” means–

  (a)

  the “Reading”, “Writing” and “Spelling” attainment targets in English; and

  (b)

  the “Listening”, “Viewing and Speaking”, “Reading” and “Writing” attainment targets in Welsh;

• “relevant subjects” means in relation to the first key stage–

  (a)

  mathematics and science;

  (b)

  in the case of schools and classes which are Welsh-speaking, Welsh; and

  (c)

  in the case of schools and classes which are not Welsh-speaking, English;

  and means, in relation to the second and third key stages, mathematics, science, Welsh and English;

• “reporting school year” means the school year immediately preceding the publication school year;

• “special educational needs” and “special educational provision” have the meanings given to those terms in section 312 of the 1996 Act;

• “special school” has the meaning given to it by section 337(1) of the 1996 Act;

• “the statutory arrangements” means assessment arrangements specified by orders made under section 356(2)(c) of the 1996 Act(6);

• “teacher assessment” means assessment by a teacher in accordance with the statutory arrangements;

• “unauthorised absence” means an occasion on which a pupil is recorded as absent without authority pursuant to the Education (Pupil Registration) Regulations 1995(7) and “authorised absence” shall be construed accordingly.

(2) In these Regulations, a reference to a school maintained by an authority is a reference–

(a) in Parts II and IV, to a community, foundation or voluntary school or a community or foundation special school which is not established in a hospital;

(b) in Parts III and V, to a community, foundation or voluntary school,

excluding any nursery school but including, except in Part IV or where otherwise stated, any pupil referral unit.

(3) In these Regulations, unless the context otherwise requires, any reference to a Part is a reference to a Part of these Regulations, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, any reference to a numbered paragraph is to the paragraph of that regulation bearing that number, any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph and any reference to a Schedule is to a Schedule to these Regulations.

(4) In these Regulations any reference to a date up to which parents may express a preference for a school is a reference to the date on or before which, in accordance with arrangements made by the relevant authority under section 86(1) of the 1998 Act, a parent wishing education to be provided for his child in the exercise of the authority’s functions should express such a preference.

(5) In these Regulations, unless the context otherwise requires, references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on the 31st August immediately preceding the commencement of the reporting school year and who were registered pupils at the school on the third Thursday in January in the reporting school year.

(6) In these Regulations, unless otherwise stated, where a percentage which is required to be calculated by virtue of these Regulations is not a whole number it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number.

(7) In these Regulations, a reference to a school or class which is Welsh-speaking is a reference to a school or class (as the case may be) in which, in relation to pupils in the first key stage, more than one half of the following subjects namely:

(i) religious education; and

(ii) the subjects other than English and Welsh which are foundation subjects in relation to pupils at the school or in the class (as the case may be);

are taught (wholly or partly) in Welsh.

Qualification of duties

4.  The duties imposed on head teachers, governing bodies and authorities by virtue of these Regulations in respect of the provision or publication of information apply only to the extent that that information is available to the governing body, authority or head teacher (as the case may be) in time for it to be reasonably practicable for the information to be provided or published before the latest occasion on which the information is required to be provided or published, as the case may be.

(1)

S.I. 1997/1832.

(2)

S.I. 1998/2697.

(3)

S.I. 1999/127.

(4)

The National Assembly for Wales was established by section 1 of the Government of Wales Act 1998 (c. 38). All the functions of the Secretary of State relevant to these Regulations are transferred to the Assembly by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) with effect from 1st July 1999. Accordingly, in relation to Wales, references to the Secretary of State in the relevant provisions of the Education Act 1996 and the School Standards and Framework Act 1998 are to be construed as being, or including, a reference to the Assembly see section 43 of the Government of Wales Act 1998.

(5)

The current regulations are the Education (Prescribed Public Examinations) Regulations 1989 (S.I. 1989/377). For the meaning of “prescribed” see section 579(1).

(6)

The current Orders are the Education (National Curriculum) (Assessment Arrangements for English, Welsh, Mathematics and Science) (Key Stage 1) (Wales) Order 1997 (S.I. 1997/2011), the Education (National Curriculum) (Assessment Arrangements for English, Welsh, Mathematics and Science) (Key Stage 2) (Wales) Order 1997 (S.I. 1997/2009) and the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (Wales) Order 1997 (S.I. 1997/2010).

(7)

S.I. 1995/2089 as amended by S.I. 1997/2624.