Education Act 2005

114 Supply of information about school workforce

(1) Regulations may authorise or require—

(a) the proprietor of a school,

(b) a children’s services authority in England or Wales, or

(c) any prescribed person,

to supply to the relevant person (as defined by subsection (2)) prescribed information relating to persons who are or have been qualifying workers or qualifying trainees, for use by the relevant person for a qualifying purpose.

(2) In subsection (1) “the relevant person” means one or more of the following—

(a) the Secretary of State,

(b) the Assembly, or

(c) any prescribed person.

(3) Regulations may authorise the Secretary of State or the Assembly to supply to the other or to any prescribed person, for use for a qualifying purpose, prescribed information relating to persons who are or have been qualifying workers or qualifying trainees.

(4) A person may not be prescribed for the purposes of subsection (1)(c), (2)(c) or (3) unless—

(a) in the case of subsection (1)(c) or (2)(c), he appears to the person making the regulations to be exercising functions of a public nature, or

(b) in the case of subsection (3), he appears to the person making the regulations to be exercising such functions or carrying out research which relates to education or training and may be expected to be of public benefit.

(5) For the purposes of this section, information is supplied to a person for use for a qualifying purpose if it is supplied to him for use for—

(a) evaluation, planning, research or statistical purposes, or

(b) any other prescribed purpose.

(6) Regulations may authorise a person falling within subsection (7) to supply to any prescribed person (“the recipient”) any information relating to persons who are or have been qualifying workers or qualifying trainees which—

(a) has been lawfully held by the recipient, or

(b) is information which another person was, or could have been, required (whether by virtue of regulations under this section or otherwise) to supply to the recipient.

(7) The following persons fall within this subsection—

(a) the Secretary of State,

(b) the Assembly, and

(c) any prescribed person.

(8) Regulations may—

(a) prohibit any person to whom information is supplied by virtue of this section from further disclosing the information otherwise than in prescribed circumstances, and

(b) provide that section 497 of the Education Act 1996 (c. 56) (default powers of Secretary of State or Assembly) is, in relation to the duties imposed by virtue of this section, to have effect as if—

(i) the reference in subsection (2)(a) of that section to a local education authority were a reference to a children’s services authority in England or Wales, and

(ii) any reference to a body to which that section applies included a reference to a prescribed person.

(9) This section does not limit the circumstances in which information is authorised or required to be supplied apart from this section.

(10) In this section—

• “prescribed” means prescribed by regulations;

• “regulations” means—

  (a)

  in relation to England, regulations made by the Secretary of State, and

  (b)

  in relation to Wales, regulations made by the Assembly.