The Education (Pupil Information) (Wales) (Amendment) Regulations 2007

Welsh Statutory Instruments

2007 No. 3563 (W.313)

EDUCATION, WALES

The Education (Pupil Information) (Wales) (Amendment) Regulations 2007

Made

17 December 2007

Laid before the National Assembly for Wales

20 December 2007

Coming into force

14 January 2008

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 408, 563 and 569(4) and (5) of the Education Act 1996(1) and now vested in them(2) and after consulting with those persons with whom consultation appeared to the Welsh Ministers to be desirable pursuant to section 408(5) of the Education Act 1996, make the following Regulations.

Title, commencement and application

1.  (1)  These Regulations are called the Education (Pupil Information) (Wales) (Amendment) Regulations 2007 and come into force on 14 January 2008.

(2) These Regulations apply in relation to Wales.

Amendments to the Education (Pupil Information) (Wales) Regulations 2004

2.  (1)  The Education (Pupil Information) (Wales) Regulations 2004(3) are amended in accordance with paragraphs (2) to (11) below.

(2) The definition of “approved external qualifications” in regulation 2(1) is amended as follows —

(aa)for the words “section 96(5)” substitute the words “sections 96(5) and 97(5)”; and

(bb)for the words “section 96” substitute the words “sections 96 and 97”;

(3) In regulation 2(1) insert the following where appropriate —

“the National Database of Accredited Qualifications” (“y Gronfa Ddata Genedlaethol o Gymwysterau Achrededig”) means the database maintained and published jointly by the Welsh Ministers, the Qualifications and Curriculum Authority and the Council for the Curriculum, Examinations and Assessment in Northern Ireland;(4);

“school year” (“blwyddyn ysgol”) has the meaning given to it by section 579(1) of the 1996 Act;; and

“Statutory Assessment and Reporting Arrangements guidance” (“canllawiau Asesu Statudol a Threfniadau Adrodd”) means the guidance published by the Welsh Ministers each school year on the administration of statutory assessments;.

(4) In regulation 6(2) delete paragraph (b).

(5) In regulation 6(3) after the words “of the new school” insert “as soon as possible after the date on which the head teacher of the old school first learned of the pupil’s registration at the new school and in any event no later than”.

(6) In paragraph 1(j) of Schedule 1 delete the words “and, if so, with whom”.

(7) In paragraph 1 of Schedule 1 delete sub-paragraph (m).

(8) For paragraph 4 in Part 1 of Schedule 2 substitute —

4.  (1)  The name of any subject in which the pupil was entered in respect of an approved external qualification and the grade (if any) achieved.

(2) The average number of points scored by the pupil in such subject examinations entered by the pupil.

(3) For the purposes of this paragraph any question as to the points allocated to each approved external qualification must be determined in accordance with the National Database of Accredited Qualifications..

(9) For paragraph 6 in Part 3 of Schedule 2 and its heading substitute—

Pupils entered for an approved external qualification

6.  (1)  The name of any subject in which the pupil was entered in respect of an approved external qualification and the grade (if any) achieved.

(2) The average number of points scored by the pupil in such subject examinations entered by the pupil.

(3) For the purposes of this paragraph any question as to the points allocated to each approved external qualification must be determined in accordance with the National Database of Accredited Qualifications..

(10) In Part 3 of Schedule 2 delete paragraph 7.

(11) In paragraphs 1(1), 2(1) and 3(1) of Schedule 3 for the words “which is two weeks before the last school day of the summer term” substitute “specified in the Statutory Assessment Reporting Arrangements guidance”.

Jane Hutt

The Minister for Children, Education, Lifelong Learning and Skills, one of the Welsh Ministers

17 December 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations make minor amendments to the Education (Pupil Information) (Wales) Regulations 2004 (“the 2004 Regulations”).

Regulation 2(2) amends the definition of “approved external qualifications”. Regulation 2(4) deletes regulation 6(2) of the 2004 Regulations so that a floppy disk is no longer regarded as an acceptable means of transferring the information required by the 2004 Regulations.

Regulation 2(5) amends the time within which a head teacher of a pupil’s old school must send the common transfer file to the head teacher of the pupil’s new school. In this circumstance the file must be sent as soon as possible after the date on which the head teacher first learned of the pupil registering at the new school and in any event within 15 school days of the pupil registering at that school.

Regulation 2(8) requires the head teacher’s report to adult pupils and parents to include the average points scored by a pupil in the fourth key stage in respect of any approved external qualification. Any question on the points allocated to each subject is determined in accordance with the National Database of Accredited Qualifications published by the Welsh Ministers.

Regulation 2(9) requires the curricular record maintained by the head teacher to record the average points scored by a pupil in any key stage in respect of any approved external qualification. Any question on the points allocated to each subject is determined by the National Database of Accredited Qualifications published by the Welsh Ministers.

(1)

1996 c. 56. Section 408 was amended by the Education Act 1997 (c. 44), Schedule 7, paragraph 30, the School Standards and Framework Act 1998 (c. 31), Schedule 30, paragraphs 57 and 106, the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraph 57 and the Education Act 2002 (c. 32), Schedule 21, paragraph 46. For the definition of “prescribed” and of “regulations” see section 579 of the 1996 Act.

(2)

The functions of the Secretary of State under these sections were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and then to the Welsh Ministers under paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(3)

S.I. 2004/1026 (W.123) as amended by S.I. 2004/2914 (W.253), S.I. 2005/1396 (W.110) and S.I. 2005/3239 (W.244).

(4)

The website for the National Database of Accredited Qualifications is www.accreditedqualifications.org.uk. This website contains details of qualifications that are accredited by the Welsh Ministers, the Qualifications and Curriculum Authority and the Council for the Curriculum, Examinations and Assessment in Northern Ireland.