- Statutory Instrument 1997 No. 1633
The Education (School Performance Information) (Wales) Regulations 1997
© Crown Copyright 1997
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| Made | 7th July 1997 | ||
| Laid before Parliament | 9th July 1997 | ||
| Coming into force | 1st August 1997 |
In exercise of the powers conferred on the Secretary of State by sections 408, 414(6) and (7), 537, 539(1) and 569(4) and (5) of the Education Act 1996[1] 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 Performance Information) (Wales) Regulations 1997 and shall come into force on 1st August 1997.
(2) These Regulations apply in relation to schools and local education authorities in Wales.
Revocation
2. The Education (School Performance Information) (Wales) Regulations 1995[2] and the Education (School Performance Information) (Wales) (Amendment) Regulations 1996[3] are revoked.
Interpretation
3. - (1) In these Regulations, except where the context otherwise requires -
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"the Act" means the Education Act 1996;
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"authority", in relation to a school maintained by a local education authority, means that authority and, in relation to a grant-maintained or grant-maintained special school, a non-maintained special school or an independent school, means the authority in whose area the school is situated;
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"CoE" means Certificate of Education;
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"the Document" means the most recent booklet published by, or under arrangements made by, the Secretary of State under section 537(6) of the Act containing information provided to him in accordance with these Regulations or the Regulations revoked by regulations 2, or compiled from such information, covering both the area of the authority by which the school is maintained (in the case of an LEA maintained school) or in which the school is situated (in the case of any other maintained school), and Wales as a whole;
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"GCE 'A' level examinations" and "GCE 'AS' examinations" mean General Certificate of Education advanced level and advanced supplementary examinations respectively;
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"GCSE" means General Certificate of Secondary Education;
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"GCSE short course" means a GCSE course designed to cover a proportion only (being not less than half) of the corresponding full GCSE course of study, and to which the same grading standards are applied; and "GCSE short course examination" means an examination, the course leading to which is a GCSE short course;
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"independent school" means any school at which full-time education is provided for five or more pupils over the age of 11 (whether or not such education is also provided for pupils under that age) not being a school maintained by a local education authority, a grant-maintained school or a special school not maintained by a local education authority;
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"GNVQ" means General National Vocational Qualification;
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"LEA maintained school" means -
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(a) any county or voluntary school; and
(b) any special school maintained by an authority which is not established in a hospital;
but excludes any nursery school;
-
"maintained school" means -
(a) any LEA maintained school; and
(b) any grant-maintained school or grant-maintained special school which is not established in a hospital;
but excludes any nursery school;
-
"non-maintained special school" means a special school which is neither an LEA maintained school nor a grant-maintained special school (and is not established in a hospital);
-
"NVQ" means National Vocational Qualification;
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"previous school year" means the school year immediately preceding the reporting school year;
-
"public examination" means a public examination which is for the time being prescribed by regulations under section 453(1) of the Act[4];
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"relevant three year period" means the period of three school years ending at the expiration of the reporting school year and the period of three school years ending at the expiration of the previous school year;
-
"reporting school year" means the school year immediately preceding the school year in which information provided to the Secretary of State under these Regulations, or the Regulations revoked by these Regulations, is to be published by him;
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"Schools' Census enumeration date" means the date by reference to which the Secretary of State annually requires information relating to maintained schools pursuant to section 29(1) of the Act and by reference to which independent schools are requested to provide corresponding information;
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"special class or unit" means a class or unit (as the case may be) so designated by the authority (in the case of an LEA maintained school), governing body (in the case of a grant-maintained or grant-maintained special school) or proprietor (in the case of a non-maintained special school or an independent school), in which all or the majority of pupils have special educational needs;
-
"special school" has the meaning assigned to it by section 337(1) of the Act;
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"unauthorised absence" means an occasion on which a pupil is recorded as absent without authority pursuant to the Education (Pupil Registration) Regulations 1995[5] and "authorised absence" shall be construed accordingly; and
-
"Welsh-speaking school" has the meaning assigned to it by section 354(8) of the 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, references to pupils of a particular age are -
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(a) in relation to information to be provided under Schedule 1 in respect of the reporting school year, or in relation to information to be provided under Schedule 2, references to pupils who were of that age on the 31st August immediately preceding the commencement of the reporting school year; or
(b) in relation to information to be provided under Schedule 1 in respect of a relevant three year period, references to pupils who were of that age on the 31st August immediately preceding the commencement of the first, second or third school year of that period (as the case may be) in respect of which information is being ascertained for the purpose of determining an average number or percentage over that period.
(4) Except where these Regulations so provide, references to a GCSE examination do not include such an examination where the course leading to it is a GCSE short course.
(5) In these Regulations, references to examinations for which pupils at the school were entered include examinations for which they were entered otherwise than in pursuance of section 402 of the Act.
(6) In these Regulations, references to key stages are to the periods set out in section 355(1) of the Act.
(7) For the purposes of these Regulations, references to examinations for which pupils aged 16, 17 or 18 were entered are -
-
(a) in relation to the reporting school year, references to examinations intended to be sat in that school year; or
(b) in relation to a relevant three year period, references to examinations intended to be sat in the first, second or third school year of that period (as the case may be) in respect of which information is being ascertained for the purpose of determining an average number or percentage over that period,
the results of which are given in the August at the end of that school year.
(8) Where under Schedule 1 to these Regulations information is required to be provided in respect of pupils aged 15, the information to be provided is -
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(a) in the case of a requirement to provide information relating to pupils entering for examinations, information relating to pupils entering for examinations intended to be sat; or
(b) in the case of information relating to pupils' achievements, information relating to results given,
in the reporting school year or (as the case may be) in the first, second or third school year of the relevant three year period in respect of which information is being ascertained for the purpose of determining the average number or percentage over that period, and (in either case) in any earlier school year.
(9) Particulars to which these Regulations apply may be made available in the form of data from which the particulars are capable of being extracted by computer.
Determination of examination entries and results
4.
- (1) The provisions of this regulation have effect for the purpose of determining the examination entries and results referred to in Schedule 1.
(2) A pupil shall be treated as having been entered for an examination whether or not the pupil sat the examination.
(3) If a pupil has been entered for two or more examinations in the same subject to be sat in the same school year or, where information is by virtue of regulation 3(8) required to cover entries for examinations in earlier school years, in any earlier such year, only the entry and result in respect of the examination in which the higher or highest grade was achieved shall be taken into account.
(4) In the case of an examination leading to the award of a GCSE in two subjects, a pupil shall be included only once in calculating numbers or percentages of pupils entered, but each grade awarded shall be taken into account in determining his achievements.
(5) For the purpose of determining an equivalent achievement for the purposes of Part 1 of Schedule 1 -
-
(a) two GCSE short course examination results (falling within the grades specified) shall be treated as equivalent to one GCSE examination result (falling within those grades);
(b) a Part 1 Foundation GNVQ shall be treated as equivalent to 2 GCSEs at grades A to G;
(c) a Part 1 Intermediate GNVQ shall be treated as equivalent to 2 GCSEs at grades A to C;
(d) A Foundation GNVQ or an NVQ at level 1 shall be treated as equivalent to 4 GCSEs at grades A to G; and
(e) an Intermediate GNVQ or an NVQ at level 2 shall be treated as equivalent to 4 GCSEs at grades A to C.
(6) In Part II of Schedule 1, references to GCE 'A' level examinations include references to GCE 'AS' examinations, but for the purpose of determining numbers of pupils entered for examinations or percentages of pupils whose achievements fall within any specified range of grades (other than points) two 'AS' examination entries or, as the case may be, achievements falling within the range of grades specified, shall be treated as equivalent to one 'A' level examination entry or, as the case may be, achievement within that range of grades.
(7) For the purposes of Part II of Schedule 1 the following grades equate to the following points, namely:
-
GCE 'A' level: grade A=10 points; grade B=8 points; grade C=6 points; grade D=4 points; and grade E=2 points;
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GCE 'AS': grade A=5 points; grade B=4 points; grade C=3 points; grade D=2 points; and grade E=1 point.
(8) In relation to GCSE and GCSE short course examinations, references to grade A include the starred grade A.
(9) Where an average number or percentage over a relevant three year period is required to be provided, it shall be determined in accordance with Schedule 5.
Qualification of duties
5.
The duties imposed on head teachers, governing bodies, authorities and proprietors by virtue of these Regulations in respect of the provision of information apply only to the extent that the information is available to the head teacher, governing body, authority or proprietor (as the case may be) in time for it to be reasonably practicable for the information to be provided before the latest occasion on which the information is required to be provided.
Provision of information by head teacher to governing body
6. The head teacher of every maintained school which provides secondary education shall each year make available to the governing body information about the matters relating to the school mentioned in Schedules 1 to 4 to these Regulations for the purpose of enabling them to comply with their obligations under these Regulations.
Provision of information relating to schools to the Secretary of State
7. The governing body of every maintained school which provides secondary education, the governing body of every non-maintained special school and the proprietor of every independent school with registered pupils aged 15, 16, 17 or 18 shall, within two weeks of receiving a written request from the Secretary of State, provide him with the information referred to -
-
(a) in the case of information being provided in respect of pupils aged 15, in Parts I and III of Schedule 1 and paragraphs 3 to 6 of Schedule 2; and
(b) in the case of information being provided in respect of pupils aged 16, 17 or 18, in Part II of Schedule 1 and in paragraphs 1 and 2 of Schedule 2.
8.
The governing body of every maintained school which provides secondary education, the governing body of every non-maintained special school and the proprietor of every independent school shall, within two weeks of receiving a written request from the Secretary of State, provide him with such information relating to the school as is referred to in Schedules 3 and 4.
Information to be provided by the governing body to parents
9. - (1) The governing body of every maintained school which provides secondary education shall provide the information referred to in Schedules 1 to 4 in the manner and to the persons specified in paragraph (2).
(2) The information shall be provided by copies being made available at the school for reference by parents and other persons on request.
Provision of local and all-Wales performance information by governing bodies and local education authorities
10. - (1) The governing body of every maintained school with pupils in the final year of the fourth key stage, the governing body of every maintained school with pupils in the final year of the second key stage and the authority shall provide the Document in the manner and to the persons specified in paragraph (2).
(2) The Document shall be provided -
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(a) in the case of a school with pupils in the final year of the fourth key stage, by copies being made available by the governing body of the school at the school for reference by parents and other persons on request, and by copies being distributed (without charge) by the governing body to parents of pupils in the final year of the fourth key stage;
(b) in the case of a school with pupils in the final year of the second key stage, by copies being made available by the governing body of the school at the school for reference by parents and other persons on request, and by copies being distributed (without charge) by the governing body to parents of pupils in the final year of the second key stage; and
(c) by copies being made available by the authority at libraries in their area for reference by members of the public.
Avoidance of duplication of information in certain circumstances
11.
Nothing in these Regulations shall require a head teacher, governing body or proprietor to make the same published particulars available to any person on more than one occasion.
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
7th July 1997
1. For the reporting school year, the number of male pupils aged 15, the number of female pupils aged 15 and the number of all pupils aged 15.
2. For that school year, the percentage of male pupils aged 15, the percentage of female pupils aged 15 and the percentage of all pupils aged 15 who -
-
(a) were entered for one or more GCSE or two or more GCSE short course examinations;
(b) achieved any grade from A to C in one or more GCSE examinations or an equivalent achievement in GCSE short course examinations;
(c) achieved any grade from A to G in one or more GCSE examinations or an equivalent achievement in GCSE short course examinations;
(d) did not achieve any grade from A to G in a GCSE or GCSE short course examination;
(e) did not achieve any grade from A to G in a GCSE or GCSE short course examination but who achieved any pass grade in one or more CoE examinations;
(f) did not achieve either any grade from A to G in a GCSE or GCSE short course examination or any pass grade in a CoE examination;
(g) were entered for five or more GCSE examinations or an equivalent number of GCSE and GCSE short course examinations in any combination (two GCSE short course examination entries being treated as equivalent to one GCSE examination entry);
(h) achieved any grade from A to C in five or more GCSE examinations or an equivalent achievement in any combination of GCSE and GCSE short course examinations;
(i) achieved any grade from A to G in five or more GCSE examinations or an equivalent achievement in any combination of GCSE and GCSE short course examinations;
(j) were entered for one or more GCSE, GCSE short course or CoE examinations;
(k) achieved any grade from A to G in one or more GCSE short course examinations;
(l) achieved any grade from A to C in five or more GCSE examinations, or an equivalent achievement in any combination of GCSE, GCSE short course examinations or examinations leading to awards of any of the descriptions referred to in regulation 4(5)(b) to (e); and
(m) achieved any grade from A to G in five or more GCSE examinations, or an equivalent achievement in any combination of GCSE, GCSE short course examinations or examinations leading to awards of any of the descriptions referred to in regulation 4(5)(b) to (e).
3.
Each category of information referred to in paragraph 2(a) to (k) above, but for each relevant three year period expressed as an average percentage over that period.
4. For the reporting school year, the number of male pupils aged 16, 17 or 18, the number of female pupils aged 16, 17 or 18 and the number of all pupils aged 16, 17 or 18.
5. For that school year, the number of male pupils aged 16, 17 or 18, the number of female pupils aged 16, 17 or 18 and the number of all pupils aged 16, 17 or 18 who were entered for less than two GCE 'A' level examinations.
6. For that school year, the percentage of male pupils, the percentage of female pupils and the percentage of all pupils referred to in paragraph 5 above whose achievements fall into each of the following ranges of points, namely; 0 to 4 points, 5 to 9 points and 10 to 15 points.
7. For that school year, in relation to pupils referred to in paragraph 5 above, the average number of points achieved by, respectively, male pupils, female pupils and all pupils referred to in that paragraph as determined by ascertaining the total number of points achieved by the pupils concerned and dividing that figure by the total number of such pupils.
8. For that school year, the number of male pupils, the number of female pupils and the number of all pupils referred to in paragraph 4 above who were entered for two or more GCE 'A' level examinations.
9. For that school year, the percentage of male pupils, the percentage of female pupils and the percentage of all pupils referred to in paragraph 8 above who achieved any grade from A to C in one or more GCE 'A' level examinations.
10. For that school year, the percentage of male pupils, the percentage of female pupils and the percentage of all pupils referred to in paragraph 8 above who achieved any grade from A to E in one or more GCE 'A' level examinations.
11. For that school year, the percentage of male pupils, the percentage of female pupils and the percentage of all pupils referred to in paragraph 8 above whose achievements fall into each of the following ranges of points, namely; 0 points, 1 to 4 points, 5 to 9 points, 10 to 14 points, 15 to 19 points, 20 to 24 points, 25 to 29 points and 30 points or over.
12. For that school year, in relation to pupils referred to in paragraph 8 above, the average number of points achieved by, respectively, male pupils, female pupils and all pupils referred to in that paragraph as determined by ascertaining the total number of points achieved by the pupils concerned and dividing that figure by the total number of such pupils.
13. For that school year, in relation to entries for GCE 'A' level subject examinations by pupils referred to in paragraph 4 above, the total number of points achieved by, respectively, male pupils, female pupils and all pupils as determined by ascertaining the total number of points achieved by the pupils concerned and dividing that figure by the total number of such entries by such pupils.
14. Each category of information referred to in each of paragraphs 6 and 7 and 11 to 13, but in relation to each relevant three year period expressed as an average percentage or number (as the case may be) over that period.
15. For the reporting school year, the percentage of male pupils aged 15, the percentage of female pupils aged 15 and the percentage of all pupils aged 15 who -
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(a) were entered for a GCSE English examination;
(b) achieved any grade from A to C in a GCSE English examination;
(c) achieved any grade from A to G in a GCSE English examination;
(d) were entered for a GCSE Welsh examination;
(e) achieved any grade from A to C in a GCSE Welsh examination;
(f) achieved any grade from A to G in a GCSE Welsh examination;
(g) were entered for a GCSE mathematics examination;
(h) achieved any grade from A to C in a GCSE mathematics examination;
(i) achieved any grade from A to G in a GCSE mathematics examination;
(j) were entered for a GCSE science examination;
(k) achieved any grade from A to C in a GCSE science examination;
(l) achieved any grade from A to G in a GCSE science examination; and
(m) achieved any grade from A to C in a GCSE English or Welsh examination (other than Welsh Second Language) and in both a GCSE science examination and a GCSE mathematics examination.
16.
Each category of information referred to in paragraph 15 above, but for each relevant three year period expressed as an average percentage over that period.
17. For the reporting school year, in relation to each GCSE subject examination entered by all pupils aged 15 and separately in relation to each such subject examination entered by male pupils aged 15 and female pupils aged 15 -
-
(a) the percentage who were entered;
(b) the percentage of those entered who achieved any grade from A to C;
(c) the percentage of those entered who achieved any grade from D to G; and
(d) the percentage of those entered who did not achieve any grade from A to G.
18.
For the reporting school year, in relation to each GCSE short course subject examination entered by pupils aged 15 and separately in relation to each such subject examination entered by male pupils aged 15 and female pupils aged 15 -
-
(a) the percentage who were entered;
(b) the percentage of those entered who achieved any grade from A to G; and
(c) the percentage of those entered who did not achieve any grade from A to G.
19.
For that school year, in relation to each CoE subject examination entered by all pupils aged 15, and separately in relation to each such subject examination entered by male pupils aged 15 and female pupils aged 15 -
-
(a) the percentage who were entered;
(b) the percentage of those entered who achieved a pass with merit;
(c) the percentage of those entered who achieved a pass grade; and
(d) the percentage of those entered who did not achieve a pass grade.
20. For the reporting school year, the total number of male pupils aged 16, 17 or 18, the total number of female pupils aged 16, 17 or 18 and the total number of all pupils aged 16, 17 or 18 entered for one or more GCE 'A' level or GCE 'AS' examinations.
21. For that school year, in relation to each GCE 'A' level and GCE 'AS' subject examination entered by pupils aged 16, 17 or 18 and separately in relation to each such examination entered by male pupils aged 16, 17 or 18 and female pupils aged 16, 17 or 18 -
-
(a) the percentage of those referred to in paragraph 20 above who entered for the examination;
(b) the percentage of those entered for the examination who achieved any grade from A to C;
(c) the percentage of those entered for the examination who achieved any grade from D to E; and
(d) the percentage of those entered for the examination who did not achieve any grade from A to E.
1. The number of pupils aged 16, 17 or 18 who achieved either an Intermediate GNVQ or an NVQ at level 2 awarded by the Business and Technology Education Council, the City and Guilds of London Institute or RSA Examinations Board in the period commencing on the 1st August in the previous school year and ending on 31st July in the reporting school year.
2. The information about vocational qualifications referred to in paragraph 1 above but in relation to an Advanced GNVQ or an NVQ at level 3.
3. The percentage of pupils aged 15 who achieved either a Foundation GNVQ or an NVQ at level 1 awarded by the Business and Technology Education Council, the City and Guilds of London Institute or RSA Examinations Board in the period referred to in paragraph 1.
4. The information about vocational qualifications referred to in paragraph 3 above but in relation to an Intermediate GNVQ or an NVQ at level 2.
5. The information about vocational qualifications referred to in paragraph 3 above but in relation to a Part 1 Foundation GNVQ.
6. The information about vocational qualifications referred to in paragraph 3 above but in relation to a Part 1 Intermediate GNVQ.
1. The name of the school.
2. The address of the school (including the postcode).
3. The telephone number of the school.
4. Whether the school is an LEA maintained school (other than a special school), a special school maintained by a local education authority, a grant-maintained school, a grant-maintained special school, an independent school or a non-maintained special school.
5. Whether the school is a Welsh-speaking school on the Schools' Census enumeration date.
6. The number of pupils at the school who on that date have statements of special educational needs maintained for them under section 324 of the Act.
7. The number of registered pupils at the school on that date.
8. The number (if any) of special classes or units in the school on that date, and the number of registered pupils in each such class or unit on that date.
9. In the case of an independent school whether the school participates in the assisted places scheme on that date.
10. The age range of pupils at the school on that date.
11. The number of registered pupils at the school aged 16 and over on that date.
1. The total number of pupils aged 11, 12, 13, 14 or 15 registered at the school on the Schools' Census enumeration date in the reporting school year.
2. - (1) For the reporting period -
-
(a) the number of sessions missed by such pupils due to authorised absence;
(b) the number of sessions missed by such pupils due to unauthorised absence;
(c) the number of sessions missed by such pupils due to absence (both authorised and unauthorised); and
(d) the maximum number of sessions that such a pupil could attend.
(2) In paragraph (1) the reporting period is the period commencing at the beginning of the reporting school year and ending on the date of the Late May Bank Holiday.
1. The determination of averages over relevant three year periods shall be made in accordance with the provisions of this Schedule.
2. References in this Schedule to -
-
(a) the cohort are to the pupil grouping to which the information relates the percentage of pupils in which who fall into a second pupil grouping is being determined; and
(b) the relevant category of pupils are to the second of the pupil groupings referred to in sub-paragraph (a) above.
3.
In the case of information which is to be given as a percentage, it shall be determined by applying the formula -
| A + B + C D + E + F |
× 100, where |
D, E and F are the total number of pupils falling into the cohort in relation to, respectively, the first, second and third school years of that period.
4. Where, by virtue of paragraph 14 of Schedule 1, information referred to in paragraph 7 or 12 of that Schedule is required to be given in relation to each relevant three year period as an average number over that period, it shall be determined by applying the formula -
|
G + H + I J + K + L | where, |
J, K and L are the total number of pupils falling into that grouping in relation to, respectively, the first, second and third school years of that period.
5. Where, by virtue of paragraph 14 of Schedule 1, information referred to in paragraph 13 of that Schedule is required to be given in relation to each relevant three year period as an average number over that period, it shall be determined by applying the formula -
|
G + H + I M + N + O | where, |
M, N and O are the total number of entries for GCE 'A' level or 'AS' subject examinations by the pupils concerned in, respectively, the first, second and third school years of the relevant three year period in respect of which the determination is being made (two GCE 'AS' examination entries being treated as equivalent to one GCE 'A' level examination entry for this purpose).
(This note is not part of the Regulations)
These Regulations, which relate to the provision to the Secretary of State and to parents of information about the performance of schools and other specified information, apply in relation to schools and local education authorities in Wales. They replace, with some changes, the Education (School Performance Information) (Wales) Regulations 1995 (as amended), which are revoked.
The main changes are that the categories of information specified in Part 1 of Schedule 1 in respect of GCSE examinations now extend to equivalent GCSE short course examinations and, in two cases, equivalent GNVQ and NVQ qualifications of the kind listed in regulation 4(5). Regulation 4, which has been revised and extended, explains how equivalences are to be determined (see paragraphs (5) to (7)).
Notes:
[1] 1996 c.56. Sections 408, 537 and 539 apply to grant-maintained special schools and their governing bodies by virtue of S.I. 1994/653 and 1994/1048. For the meaning of "prescribed" and "regulations", see section 579(1) of the Education Act 1996.back
[4] The current regulations are the Education (Prescribed Public Examinations) Regulations 1989 (S.I. 1989/377).back
[5] 1996 c.56. Sections 408, 537 and 539 apply to grant-maintained special schools and their governing bodies by virtue of S.I. 1994/653 and 1994/1048. For the meaning of "prescribed" and "regulations", see section 579(1) of the Education Act 1996.back
ISBN 0 11 064760 2