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The Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009

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Prescribed persons

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3.  (1)  For the purposes of section 537A(4) of the Act, the following are prescribed as persons to whom the Secretary of State may provide individual pupil information—

(a)any person referred to in paragraph (5) below;

(b)any person falling within any of the categories referred to in paragraph (6) below;

(c)any person having access to a database established and operated by the Secretary of State under section 12 of the Children Act 2004(1); and

(d)any local authority which has reasonable grounds to believe that it is a relevant local authority in respect of the pupil to whom the individual pupil information relates.

(2) For the purposes of section 537A(5)(b) of the Act, the Secretary of State prescribes as a person to whom an information collator may provide individual pupil information—

(a)any person referred to in paragraph (5) below; and

(b)any person falling within any of the categories referred to in paragraph (6) below.

(3) The individual pupil information which an information collator may so provide, in accordance with section 537A(5)(b) of the Act, is any such information—

(a)specified in Schedule 1 to the Education (Information about Individual Pupils) (England) Regulations 2006(2);

(b)relating to the educational achievements of pupils in any National Curriculum assessment carried out for the purpose of assessing the achievements of pupils in the first, second or third key stage;

(c)relating to the educational achievements of pupils in any external qualification approved under section 98 of the Learning and Skills Act 2000(3), for the purposes of section 96 of that Act.

(4) For the purposes of section 537A(6) of the Act, the Secretary of State prescribes as a person to whom any person holding any individual pupil information may provide that information—

(a)any person referred to in paragraph (5) below; and

(b)any person falling within any of the categories referred to in paragraph (6) below.

(5) The persons referred to in paragraphs (1)(a), (2)(a) and (4)(a) are—

(a)the Joint Council for Qualifications;

(b)the Office for Standards in Education, Children’s Services and Skills(4)

(c)the Higher Education Funding Council for England;

(d)a relevant local authority;

(e)the governing body of the relevant school;

(f)the management committee of a pupil referral unit at which the relevant pupil is or was registered;

(g)the Training and Development Agency;

(h)the States of Guernsey Education Department;

(i)the States of Jersey Education Department;

(j)the Isle of Man Department of Education;

(k)the Welsh Ministers;

(l)WJEC CBAC Limited(5);

(m)the Student Loans Company Limited;

(n)the University and Colleges Admissions Service(6);

(o)the Higher Education Statistics Agency(7);

(p)Ufi Limited(8);

(q)the British Educational Communications and Technology Agency (Becta);

(r)any person with whom a relevant local education authority has made arrangements under section 68 or section 70 of the Education and Skills Act 2008(9);

(s)any person who, either alone or jointly with others, awards or authenticates any qualification accredited by the Qualifications and Curriculum Authority;

(t)the Learning and Skills Council for England(10);

(u)the Qualifications and Curriculum Authority(11).

(6) The categories referred to in paragraphs (1)(b), (2)(b) and (4)(b) are—

(a)institutions within the further education sector;

(b)Primary Care Trusts(12);

(c)work-based learning providers;

(d)persons conducting research into the educational achievements of pupils and who require individual pupil information for that purpose;

(e)learning providers registered with the UK Register of Learning Providers(13);

(f)institutions within the higher education sector.

(2)

S.I. 2006/2601, as amended by S.I. 2007/3373 and 2008/3072; there are other amendments not relevant to these Regulations.

(4)

The Office for Standards in Education, Children’s Services and Skills (Ofsted) is established under section 112 of the Education and Inspections Act 2006 (c. 40).

(5)

WJEC CBAC Limited was formerly known as the Welsh Joint Education Committee and is now a company limited by guarantee registered in Wales No. 3150875.

(6)

The University and Colleges Admissions Service is a company limited by guarantee registered in England No. 2839815.

(7)

The Higher Education Statistics Agency is a company limited by guarantee registered in England No. 2766993.

(8)

Ufi Limited is a company limited by guarantee and registered in England No. 3980770.

(10)

The Learning and Skills Council is established under section 1 of the Learning and Skills Act 2000 (c. 21).

(11)

The Qualifications and Curriculum Authority is established under section 21 of the Education Act 1997 (c. 44).

(12)

Primary Care Trusts are established under section 18 of the National Health Service Act 2006 (c. 41).

(13)

The UK Register of Learning Providers is jointly subcontracted to Ufi Limited by the Department for Business, Innovation and Skills, and the Learning and Skills Council for the purposes of verifying the legal status of learning providers.

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