The Education (Pupil Information) (England) (Amendment) Regulations 2001

Statutory Instruments

2001 No. 1212

EDUCATION, ENGLAND

The Education (Pupil Information) (England) (Amendment) Regulations 2001

Made

26th March 2001

Laid before Parliament

28th March 2001

Coming into force

1st May 2001

In exercise of the powers conferred on the Secretary of State by sections 408, 563 and 569(4) 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 Education and Employment hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Education (Pupil Information) (England) (Amendment) Regulations 2001 and shall come into force on 1st May 2001.

Amendment

2.  The Education (Pupil Information) (England) Regulations 2000(2) shall be amended in accordance with the following provisions of these Regulations.

3.  In regulation 2 (interpretation)—

(a) in the definition of “the associated documents” and in paragraph (2) for the words “, attainment targets and end of key stage descriptions” in each place where they occur there shall be substituted “and attainment targets”;

(b) in the definition of “foundation subjects” after “art” there shall be inserted “and design”.

4.  In regulation 6(1) (Head teacher’s report to parents and adult pupils) there shall be inserted after “writing” the words “and free of charge”.

5.  For regulation 10 (Transfer of information when a pupil changes school) and regulation 11 (Common Transfer Form) there shall be substituted the following regulation—

“Transfer of information when a pupil changes school

10.— (1) When a pupil ceases to be a registered pupil at a maintained school (his “old” school) and becomes a registered pupil at another school (his “new” school), the head teacher of the pupil’s old school shall ensure that he has a record of the information in respect of that pupil required to complete the common transfer form in Part 1, 2, 3 or 4 of Schedule 5 depending on whether that pupil is in the first, second, third or fourth key stage or is above compulsory school age.

(2) The head teacher of the pupil’s old school, or, if it has been agreed between the head teacher and the local education authority that they should send the information or record in question, the local education authority, shall send the information referred to in paragraph (1), and any other educational record relating to that pupil, to the head teacher of the pupil’s new school no later than fifteen school days after the day on which the pupil ceases to be registered at the old school.

(3) Subject to paragraph (4), this regulation shall not apply where it is not reasonably practicable for the head teacher of the old school to ascertain the pupil’s new school or where the pupil was registered at his old school for less than four weeks.

(4) If the head teacher of the pupil’s old school receives at any time a request from the head teacher of the school at which a former pupil is currently a registered pupil, either for the information referred to in paragraph (1) relating to the time when the pupil left the old school or for any other educational record relating to that pupil in the school’s possession, he shall provide it within fifteen school days of receiving the request.

(5) The information referred to in paragraph (1) may be sent in the form of machine readable data or in paper form. If it is sent in machine readable form it must be in a form that can be read by the recipient. If it is in paper form it must be in the format set out in the appropriate part of Schedule 5.”.

6.  In paragraph 3 of Schedule 1 (information about individual pupils in the final year of the third key stage)—

(a) in sub-paragraph (3) for “and information technology” there shall be substituted “, information and communication technology, art and design, music and physical education”;

(b) sub-paragraph (5) shall be omitted.

7.  In paragraph 3(2) of Schedule 2 (information about all pupils at the school in the final year of the third key stage) for “and information technology” there shall be substituted “, information and communication technology, art and design, music and physical education”.

8.  For Schedule 5, there shall be substituted the Schedule set out in the Schedule to these Regulations.

Jacqui Smith

Parliamentary Under-Secretary of State,

Department for Education and Employment

26th March 2001

Regulation 5

THE SCHEDULE

Regulations 2 and 10

SCHEDULE 5 Common Transfer Forms

Part 1

Part 2

Part 3

Part 4

This form is also to be used where the pupil in question is above compulsory school age.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (Pupil Information) (England) Regulations 2000 (“the principal Regulations”).

Regulation 4 requires that the head teacher’s report to parents and adult pupils be provided free of charge.

Regulation 5 substitutes a new regulation 10 for regulations 10 and 11 of the principal Regulations.

The new regulation 10 places a duty on the head teacher of the pupil’s old school, or, if agreed with the head teacher, the local education authority, to send, no later than fifteen school days after the pupil ceases to be registered at the school, the information in the common transfer form in Schedule 5 and any other educational record to the pupil’s new school.

New regulation 10(3) states that the duties placed on the head teacher or the local education authority by that regulation shall not apply if the head teacher is unable to ascertain the pupil’s new school or if the pupil has been registered at the old school for less than four weeks.

New regulation 10(4) states that, notwithstanding new regulation 10(3), if the head teacher of the pupil’s old school receives at any time a request from the head teacher of a school at which the former pupil is now a registered pupil for the information on the common transfer form or any other educational record in the school’s possession relating to the pupil, he shall comply with any such request within fifteen school days of receiving it.

Information on the transfer form may be sent in machine readable form (such as E-Mail or on a floppy disk) or in paper form. If it is in paper form it must be in the format set out in Schedule 5.

Regulation 8 substitutes a new Schedule 5. The contents of the new Schedule 5 are essentially the same as the old version with minor changes in wording to reflect alterations to the National Curriculum. Changes have also been made to the order and layout of the contents of the forms.

Other amendments to the principal regulations reflect minor changes to the National Curriculum.

(1)

1996 c. 56. By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the powers conferred by these sections are exercisable by the Secretary of State only in relation to England. Section 408 was amended by the Education Act 1997 (c. 44), Schedule 7, paragraph 30(a) and the School Standards and Framework Act 1998 (c. 31), Schedule 30, paragraph 106. For the meaning of “prescribed” and “regulations” see section 579(1).

(2)

S.I. 2000/297.