Small Business, Enterprise and Employment Act 2015

79 Qualifications

(1) After section 253 of the Apprenticeships, Skills, Children and Learning Act 2009 insert—

“Qualifications

253A Qualifications

(1) A person in England may, in prescribed circumstances, provide student information of a prescribed description to—

(a) the Secretary of State,

(b) an information collator,

(c) a prescribed person, or

(d) a person falling within a prescribed category.

(2) A person in Wales may, in prescribed circumstances, provide student information of a prescribed description to—

(a) the Welsh Ministers,

(b) an information collator,

(c) a prescribed person, or

(d) a person falling within a prescribed category.

(3) In subsection (2) “prescribed” means prescribed in regulations made by the Welsh Ministers.

(4) Subject to subsection (5)(a), information received under or by virtue of this section is not to be published in any form which identifies the individual to whom it relates.

(5) This section—

(a) does not affect any power to provide or publish information which exists apart from this section, and

(b) is subject to any express restriction on the provision of information imposed by another enactment.

(6) In this section—

• “information collator” means any body which, for the purposes of or in connection with functions of the Secretary of State or the Welsh Ministers, is responsible for collating or checking information relating to regulated qualifications or relevant qualifications;

• “regulated qualification” has the meaning given by section 130(1);

• “relevant qualification” has the meaning given by section 30(5) of the Education Act 1997;

• “student information” means information (whether obtained under this section or otherwise) relating to an individual who is seeking or has sought to obtain, or has obtained, a regulated qualification or a relevant qualification”.

(2) In section 262 of the Apprenticeships, Skills, Children and Learning Act 2009 (orders and regulations)—

(a) in subsection (1) (orders and regulations to be made by statutory instrument etc) after “Part 3 or 4” insert “, or section 253A”, and

(b) in subsection (9) (statutory instruments which are subject to annulment in pursuance of a resolution of the National Assembly for Wales if containing regulations etc made by the Welsh Ministers) for “or 107” substitute “, 107 or 253A”.