The Education (Student Information) (Wales) Regulations 2017

Title, commencement and application

1.—(1) The title of these Regulations is the Education (Student Information) (Wales) Regulations 2017.

(2) These Regulations come into force on 6 October 2017 and apply in relation to Wales.

Interpretation

2.  In these Regulations—

“the 2009 Act” (“Deddf 2009”) means the Apprenticeships, Skills, Children and Learning Act 2009;

“the 2015 Act” (“Deddf 2015”) means the Qualifications Wales Act 2015(1);

“learning provider” (“darparwr dysgu”) means a person providing education or training developed to meet the needs of a person aged 16 and above for which funding is received from the Welsh Ministers;

“specified qualification” (“cymhwyster penodedig”) means a relevant qualification that at the date of a person’s entry for that qualification—

(a)

was approved under section 99 of the Learning and Skills Act 2000(2) for the purposes of section 96 of that Act;

(b)

is approved under Part 4 of the 2015 Act;

(c)

is designated under section 29 of the 2015 Act; or

(d)

is one that leads from a course of education or training designated by the Welsh Ministers by virtue of section 34(8) of the 2015 Act.

Prescribed circumstances

3.  Regulation 5 prescribes the circumstances for the purposes of section 253A(2) of the 2009 Act where the Welsh Ministers or an information collator may provide student information.

4.  Regulations 6 and 7 prescribe the circumstances for the purposes of section 253A(2) of the 2009 Act where a person other than the Welsh Ministers or an information collator may provide student information.

5.  The circumstances referred to in regulation 3 are that the information relates to an individual who is or was enrolled or registered with a learning provider for the purpose of obtaining a specified qualification.

6.  The circumstances referred to in regulation 4 where the information is to be provided to the Welsh Ministers or an information collator are—

(a) the information relates to an individual who is or was enrolled or registered with a learning provider for the purpose of obtaining a specified qualification; and

(b) the Welsh Ministers or the information collator has requested that information.

7.  The circumstances referred to in regulation 4 where the information is to be provided to a prescribed person or a prescribed category of person are—

(a) the information relates to an individual who is or was enrolled or registered with a learning provider for the purpose of obtaining a specified qualification; and

(b) the individual to whom the information relates—

(i) is or was enrolled or registered with the person providing the information; or

(ii) is or has undertaken education or training with the person providing the information.

Prescribed student information

8.  The description of student information specified in Schedule 1 is prescribed for the purposes of section 253A(2) of the 2009 Act.

Prescribed persons and prescribed categories of persons

9.—(1) The persons in Part 1 of Schedule 2 are prescribed for the purposes of section 253A(2)(c) of the 2009 Act.

(2) The categories of persons in Part 2 of Schedule 2 are prescribed for the purposes of section 253A(2)(d) of the 2009 Act.

Alun Davies

Minister for Lifelong Learning and the Welsh Language, under authority of the Cabinet Secretary for Education, one of the Welsh Ministers.

7 September 2017