The Education (Pupil Information) (England) Regulations 2005

Interpretation E+W

2.  In these Regulations—

“the 2002 Act” means the Education Act 2002 M1 ;

[F1 “the 2004 document” means the document entitled “Assessment and Reporting Arrangements” published by the Qualifications and Curriculum Authority for the Foundation Stage and Key Stage 1 in 2004;]

[F1 “assessment”, in relation to a pupil’s P Levels of attainment or performance against the P Level attainment targets means an assessment carried out in accordance with any document for the time being in force containing provisions relating to assessment arrangements which has effect by virtue of orders made under section 87(3)(c) and (11) of the 2002 Act;]

“the associated documents” means the documents [F2 other than the P Level Document] published by the Department for Education and Skills and the [F3 QCDA], setting out any national curriculum levels of attainment, attainment targets and programmes of study in relation to each of the foundation subjects, which documents have effect by virtue of the orders made under section 87(3)(a) and (b) of the 2002 Act for the time being in force, for each of those subjects;

“core subjects” means English, mathematics and science;

“curricular record” means a formal record of a pupil's academic achievements, his other skills and abilities and his progress in school;

“Departmental number” means a reference number unique to each establishment and allocated by use of a formula determined by [F4 the [F5 Department for Education]];

“external marking agency” means a body F6 ...approved by the Secretary of State to mark NC tests;

“foundation subjects” means art and design, citizenship, design and technology, geography, history, information and communication technology, a modern foreign language, music, physical education and the core subjects;

“key stage” or references to a particular key stage shall be construed in accordance with section 82 of the 2002 Act;

“maintained school” means a community, foundation or voluntary school or a community or foundation special school other than such a school which is established in a hospital;

[F7 “management committee”, in relation to a pupil referral unit, means the management committee for that unit established pursuant to the Education (Pupil Referral Units) (Management Committees etc.) Regulations 2007;]

“NC attainment targets” means the National Curriculum attainment targets described in the associated documents;

“NC levels of attainment” means the National Curriculum levels of attainment described in the associated documents;

“NC tasks” means the National Curriculum standard tasks administered to pupils pursuant to the statutory arrangements M2 ;

“NC tests” means the National Curriculum tests administered to pupils pursuant to the statutory arrangements M3 ;

“NC test tiers” means the National Curriculum test tiers described in the associated documents;

[F8 “P Levels of attainment” means, for those pupils with special educational needs who are working below level 1 of the NC levels of attainment, the National Curriculum levels of attainment below level 1 described in the P Level Document;]

[F8 “P Level attainment targets” means, for those pupils with special educational needs who are working below level 1 of the NC levels of attainment, the National Curriculum attainment targets specified in the P Level Document;]

[F8 “P Level Document” means the document published from time to time by the [F9 Secretary of State] which—

(a)

describes, in relation to pupils with special educational needs who are working below level 1 of the NC levels of attainment, the levels of attainment below level 1 for each of the core and foundation subjects, and

(b)

specifies, in relation to such pupils, the attainment targets which have effect by virtue of an Order made under section 87(3)(a) of the 2002 Act;]

“personal education plan” means the plan referred to in section 5.16 to 5.26 of the guidance entitled “Guidance on the Education of Children and Young People in Public Care M4 , which a local authority must ensure is provided for every child and young person in their care;

[F10 “the QCDA” means the Qualifications and Curriculum Development Agency;]

“responsible person” means—

(a)

the head teacher of an independent school [F11 or of an alternative provision Academy that is not an independent school];

(b)

the governing body of any other school [F12 (or, where the school is a pupil referral unit, the management committee)]; or

(c)

the person responsible for the conduct of any [F13 16 to 19 Academy, further education institution,] higher education institution or other place of education or training to which a pupil transfers or may transfer;

[F14 SEN support” means the type of special educational needs provision forming part of the graduated approach adopted pursuant to “The Special Educational Needs and Disability Code of Practice: 0-25 years” published on 29th July 2014 under section 77 of the Children and Families Act 2014]

[F15 “special educational needs” is to be interpreted in accordance with [F16 section 20(1) of the Children and Families Act 2014];]

“the statutory arrangements” means the assessment arrangements specified by orders made under section 87(3)(c) of the 2002 Act;

“teacher assessment” means assessment of a pupil's NC level of attainment in a subject by the pupil's teacher, as specified in the statutory arrangements M5 ;

“unauthorised absence” means any absence from the school for which leave has not been granted by a person authorised in that behalf by the governing body of the school;

[F17 “unique learner number”, in relation to a registered pupil at a school, means the specific combination of numbers allocated to the pupil by the [F18 Chief Executive of Skills Funding] as that pupil’s unique learner number;]

“unique pupil number” means a combination of numbers which, together with a letter or letters, are allocated to a pupil by use of a formula determined by [F4 the [F5 Department for Education]] and are particular to that pupil.

Textual Amendments

F1 Words in reg. 2 inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 3(a)

F2 Words in reg. 2 inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 3(b)

F3 Word in reg. 2 substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009, Parts 7 and 8 (Consequential Amendments) Order 2010 (S.I. 2010/677), arts. 1, 12(2)(b)

F4 Words in reg. 2 substituted (12.12.2007) by The Secretaries of State for Children, Schools and Families, for Innovation, Universities and Skills and for Business, Enterprise and Regulatory Reform Order 2007 (S.I. 2007/3224), art. 1(2), Sch. para. 54(a)

F5 Words in reg. 2 substituted (18.8.2010) by The Secretary of State for Education Order 2010 (S.I. 2010/1836), art. 1(2), Sch. para. 11(g)(i)

F6 Words in reg. 2 omitted (1.4.2012) by virtue of The Education Act 2011 (Consequential Amendments to Subordinate Legislation) Order 2012 (S.I. 2012/765), arts. 1, 8(2)(a)

F7 Words in reg. 2 inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 3(c)

F8 Words in reg. 2 inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 3(d)

F9 Words in reg. 2 substituted (1.4.2012) by The Education Act 2011 (Consequential Amendments to Subordinate Legislation) Order 2012 (S.I. 2012/765), arts. 1, 8(2)(b)

F10 Words in reg. 2 inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009, Parts 7 and 8 (Consequential Amendments) Order 2010 (S.I. 2010/677), arts. 1, 12(2)(a)

F11 Words in reg. 2 inserted (1.5.2012) by The Alternative Provision Academies and 16 to 19 Academies (Consequential Amendments to Subordinate Legislation) (England) Order 2012 (S.I. 2012/979), art. 1(b), Sch. para. 18(2)(a)

F12 Words in reg. 2 inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 3(e)

F13 Words in reg. 2 substituted (1.5.2012) by The Alternative Provision Academies and 16 to 19 Academies (Consequential Amendments to Subordinate Legislation) (England) Order 2012 (S.I. 2012/979), art. 1(b), Sch. para. 18(2)(b)

F14 Words in reg. 2 inserted (1.9.2014) by The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/2103), arts. 1, 19(2)(a)

F15 Words in reg. 2 inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 3(f)

F16 Words in reg. 2 substituted (1.9.2014) by The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/2103), arts. 1, 19(2)(b)

F17 Words in reg. 2 inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 3(g)

F18 Words in reg. 2 substituted (1.9.2010) by virtue of The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), arts. 1, 12

Marginal Citations

M1 2002 c. 32.

M2 The statutory arrangements referred to are specified in the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004 (S.I. 2004/2783).

M3 The statutory arrangements referred to are specified in the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003 (S.I. 2003/1038) and the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003 (S.I. 2003/1039).

M4 These parts of the Guidance have statutory force by virtue of having been issued under section 7 of the Local Authority Social Services Act 1970 (1970 c. 42) (Paragraph 2.1(i) of Local Authority Circular (2000)13 refers).

M5 The statutory arrangements referred to are specified in the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004 (S.I. 2004/2783), the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003 (S.I. 2003/1038) and the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003 (S.I. 2003/1039).