Part VE+W The Curriculum

Modifications etc. (not altering text)

C1Pt. V (ss. 350-410) modified (1.9.1999) by S.I. 1999/2262, reg. 57

Chapter IVE+W Miscellaneous and supplementary provisions

Modifications etc. (not altering text)

InformationE+W

408 Provision of information.E+W

(1)Regulations may require, in relation to every maintained school, the [F1local authority], the governing body or the head teacher to make available either generally or to prescribed persons, in such form and manner and at such times as may be prescribed—

(a)such information (including information as to the matters mentioned in subsection (2)) relevant for the purposes of any of the relevant provisions of this Part [F2or Part V of the Education Act 1997] [F3or section 96 of the Learning and Skills Act 2000] [F4or the relevant provisions of the Education Act 2002] [F5or the provisions of [F6Part 7] of the Apprenticeships, Skills, Children and Learning Act 2009] [F7or the provisions of the Qualifications Wales Act 2015] [F8or the provisions of the Curriculum and Assessment (Wales) Act 2021], and

F9(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

as may be prescribed.

(2)The matters referred to in subsection (1)(a) are—

(a)the curriculum for maintained schools,

(b)the educational provision made by the school for pupils at the school and any syllabuses to be followed by those pupils,

(c)the educational achievements of pupils at the school (including the results of any assessments of those pupils, whether under this Part or otherwise, for the purpose of ascertaining those achievements), and

(d)the educational achievements of [F10such classes or descriptions of pupils] as may be prescribed (including results of the kind mentioned in paragraph (c)). [F11, and

(e)arrangements relating to [F12relevant] qualifications (within the meaning given by section 96(5) of the Learning and Skills Act 2000) [F13which are approved under section 98 F14... of that Act] and to courses leading to such qualifications.]

[F15(f)arrangements relating to qualifications within the meaning given in section 56 of the Qualifications Wales Act 2015 which are approved under Part 4 of that Act and to courses of education or training leading to such qualifications.]

F16(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For the purposes of subsection (1) the relevant provisions of this Part are—

F17(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)sections [F19390] to 392;

(e)sections 394 to [F20396] [F20396A];

(f)sections 398 F21... and 405; F22...

(g)[F23section 409] [F24; [F25and]]

[F26(h)[F25in so far as subsection (1) applies in relation to Wales, sections 403 and 404.]]

[F27(4A)For the purposes of subsection (1) the relevant provisions of the Education Act 2002 are—

(a)Part 6 (the curriculum in England), [F28and]

(b)[F28sections 97 to 117 (the curriculum in Wales).]]

(5)Before making any regulations under this section, the Secretary of State shall consult any persons with whom consultation appears to him to be desirable.

(6)Regulations under this section shall not require information as to the results of an individual pupil’s assessment (whether under [F29Part 6 [F30or 7] of the Education Act 2002] [F31or Part 4 of the Curriculum and Assessment (Wales) Act 2021] or otherwise) to be made available to any persons other than—

(a)the parents of the pupil concerned,

(b)the pupil concerned,

(c)in the case of a pupil who has transferred to a different school, the head teacher of that school,

(d)the governing body of the school, or

(e)the [F1local authority];

F32...

[F33(6A)Regulations under this section shall not require information as is mentioned in subsection (6) to be made available—

(a)to a governing body except where relevant for the purposes of the performance of any of their functions;

(b)to a head teacher except where relevant for the purposes of the performance of any of the head teacher’s functions;

(c)to a local authority except where relevant for the purposes of the performance of any of their education functions.]

(7)Regulations under this section may authorise [F34local authorities], governing bodies and head teachers to make a charge (not exceeding the cost of supply) for any documents supplied by them in pursuance of the regulations.

(8)In relation to any maintained school, the [F1local authority] and the governing body shall exercise their functions with a view to securing that the head teacher complies with any regulations made under this section.

[F35(8A)In exercising their functions under subsection (1), the Welsh Ministers must have regard to the desirability of information being available to parents and others about whether, and if so how, any parts of the curriculum and any educational provision at maintained schools (other than maintained nursery schools) promote the purpose of the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (see section 1 of that Act).]

[F36(9)In this section “maintained school” includes a maintained nursery school.]

Textual Amendments

F2Words in s. 408(1)(a) inserted (1.10.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 30(a); S.I. 1997/1468, art. 2, Sch. 1 Pt. III

F3Words in s. 408(1)(a) inserted (28.7.2000 for certain purposes otherwise 1.9.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 57(2) (with s.150); S.I. 2001/654, art. 2(3), Sch. Pt. III (with art. 3); S.I. 2001/1274, art. 2(2), Sch. Pt. II

F4Words in s. 408(1)(a) inserted (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 46(2) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4; Sch. Pt. I

F6Words in s. 408(1)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 7; S.I. 2012/924, art. 2

F10Words in s. 408(2)(d) substituted (1.10.1998) by 1998 c. 31, s. 140(1), Sch. 30 para. 106(b) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I

F11S. 408(2)(e) and preceding ", and" inserted (28.7.2000 for certain purposes, otherwise 1.9.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 57(3) (with 150); S.I. 2001/654, art. 2(3), Sch. Pt. III (with art. 3); S.I. 2001/1274, art. 2(2), Sch. Pt. II

F14Words in s. 408(2)(e) omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 1(2)(b); S.I. 2015/1687, art. 2 (with arts. 3-12)

F19Word in s. 408(4)(d) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 106(d)(ii) (with ss. 138(9), 144(6))

F21Words in s. 408(4)(f) repealed (1.9.2001) by 1997 c. 44, ss. 57(1)(4), Sch. 7 para. 30(b), Sch. 8; S.I. 2001/1215, art. 2

F23S. 408(4)(g) repealed (19.4.2010 for specified purposes, 1.9.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 223(1)(a), 269(4), Sch. 16 Pt. 7; S.I. 2010/303, art. 5, Sch. 4; S.I. 2010/1151, art. 4, Sch. 2

F27S. 408(4A) inserted (1.10.2002 for E. for certain purposes, 19.12.2002 for W. and otherwise prosp.) by Education Act 2002 (c. 32), ss. 215, 216(4), Sch. 21 para. 46(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F29Words in s. 408(6) substituted (1.10.2002 for E. for certain purposes, 19.12.2002 for W. and otherwise prosp.) by Education Act 2002 (c. 32), ss. 215, 216(4), Sch. 21 para. 46(5) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I