Statutory Instrument 1994 No. 2330

The Education (School Information) (Wales) Regulations 1994

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© Crown Copyright 1994

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1994 No. 2330

EDUCATION, ENGLAND AND WALES

The Education (School Information) (Wales) Regulations 1994

In exercise of the powers conferred on the Secretary of State by sections 55(5) and 111A of the Education Act 1944^[1], sections 8(5), (5A), (5B), (6), (7) and 35(4) and (5) of the Education Act 1980^[2], sections 22 and 232(5) and (6) of the Education Reform Act 1988^[3], sections 16 and 19(3) of the Education (Schools) Act 1992^[4], sections 153(1) and 301(6) of the Education Act 1993^[5] and section 298(8) of, and paragraph 3 of Schedule 18 to, the Education Act 1993, and after consulting with those persons with whom consultation appeared to him to be desirable, 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 (School Information) (Wales) Regulations 1994 and shall come into force on 10th October 1994.

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

Revocation
    2.    The Education (School Curriculum and Related Information) (Wales) Regulations 1991^[6], the Education (School Curriculum and Related Information) (Wales) (Amendment) Regulations 1991^[7] and the Education (School Curriculum and Related Information) (Amendment) (Wales) Regulations 1993^[8] are hereby revoked.

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

"the 1980 Act" means the Education Act 1980;


"the 1988 Act" means the Education Reform Act 1988;


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


"assessment" means assessment pursuant to orders made under section 4(2)(c) of the 1988 Act^[9], and "level" shall be construed in accordance with the provisions of such orders;


"attainment targets" has the meaning given by section 2 of the 1988 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 3(6) of the 1988 Act;


"LEA maintained school" means:
 (a) any county or voluntary school;
 (b) any special school maintained by an authority which is not established in a hospital; and
 (c) except in Part III and Schedule 2, any pupil referral unit,
but excludes any nursery school.


"maintained school" means:
 (a) any county or voluntary school;
 (b) any special school maintained by an authority which is not established in a hospital;
 (c) any grant-maintained school or grant-maintained special school which is not established in a hospital; and
 (d) except in Part III and Schedule 2, any pupil referral unit,
but excludes any nursery school;


"NC tests" means National Curriculum tests and tasks administered to pupils for the purpose of assessing the level of attainment which they have attained in any relevant subject pursuant to Orders made under section 4(2)(c) of the 1988 Act;


"non-maintained special school" means a special school which is neither maintained by an authority nor a grant-maintained special school (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 106(4) and (5) of the 1988 Act^[10];


"publication school year" means the school year immediately preceding the admission school year;


"relevant attainment targets" means—
 (a) the "Reading", "Writing", "Spelling" and "Handwriting" attainment targets in English;
 (b) the "Listening", "Viewing and Speaking", "Reading", "Writing" and "Handwriting" attainment targets in Welsh; and
 (c) the "Number" attainment target in mathematics;


"relevant authority", in relation to an LEA maintained school, means the authority by which the school is maintained;


"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 which are not Welsh-speaking, English;
and means, in relation to the third key stage, 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 156 of the Education Act 1993;


"special school" has the meaning given to it by section 182(1) of the Education Act 1993; and


"teacher assessment" means assessment by a teacher to determine the level of attainment attained by pupils in a relevant attainment target or in a relevant subject (as the case may be) pursuant to Orders made under section 4(2)(c) of the 1988 Act.

    (2)  In these Regulations, unless the context otherwise requires, 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.

    (3)  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 6(1) of the 1980 Act, a parent wishing education to be provided for his child in the exercise of the authority's functions should express such a preference.

    (4)  In these Regulations references to key stages are references to the periods set out in section 3(3) of the 1988 Act^[11].

    (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] 1944 c. 31; section 55 was amended by section 93 of, and paragraph 5 of Part I of Schedule 8 to, the Further and Higher Education Act 1992 (c. 13). Section 111A was inserted by section 229(1) of the Education Reform Act 1988 (c. 40). back

[2] 1980 c. 20; section 8(5) and (6) were substituted, and section 8(5A) and (5B) inserted, by paragraph 4(1) of Schedule 4 to the Education (Schools) Act 1992 (c. 38). back

[3] 1988 c. 40. Section 22 was amended by paragraph 6 of Schedule 4 to the Education (Schools) Act 1992 and (in ways not relevant to these Regulations) by section 307(1) of, and paragraph 123 of Schedule 19 to, the Education Act 1993 (c. 35). It applies to grant-maintained special schools and their governing bodies by virtue of S.I. 1994/653. For matters to be prescribed, see section 235(7) of the 1988 Act and section 114(1) of the Education Act 1944, and for the transfer of functions to the Secretary of State see S.I. 1964/490 and S.I. 1970/1536. back

[4] 1992 c. 38. Section 16 applies to grant-maintained special schools and their governing bodies by virtue of S.I. 1994/653. back

[5] 1993 c. 35. Section 153 applies to grant-maintained special schools by virtue of S.I. 1994/1048. back

[6] S.I. 1991/1658. back

[7] S.I. 1991/1813. back

[8] S.I. 1993/998. back

[9] The orders currently in force are the Education (National Curriculum) (Assessment Arrangements for English, Welsh, Mathematics and Science) (Key Stage 1) (Wales) Order 1993, S.I. 1993/2190 and the Education (National Curriculum) (Assessment Arrangements for English, Welsh, Mathematics and Science) (Key Stage 3) (Wales) Order 1993, S.I. 1993/2191. The Orders have been amended in ways not relevant to these Regulations. back

[10] The current Regulations are the Education (Prescribed Public Examinations) Regulations 1989 (S.I. 1989/377). back

[11] Section 3(3) was amended by paragraph 113(a) of Schedule 19 to the Education Act 1993. back

Explanatory Note