- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
3.—(1) Subject to paragraph (4), in these Regulations “educational record” means any record of information which—
(a)is processed by or on behalf of the governing body of, or a teacher at, any school specified in paragraph (2);
(b)relates to any person who is or has been a pupil at any such school; and
(c)originated from or was supplied by or on behalf of any of the persons specified in paragraph (3),
other than information which is processed by a teacher solely for the teacher’s own use.
(2) The schools referred to in paragraph (1)(a) are—
(a)any school maintained by a local education authority; and
(b)any special school which is not so maintained.
(3) The persons referred to in paragraph (1)(c) are—
(a)any employee of the local education authority which maintains the school or former school attended by the pupil to whom the record relates;
(b)in the case of—
(i)a voluntary aided, foundation or foundation special school; or
(ii)a special school which is not maintained by a local education authority,
any teacher or other employee at the school or at the pupil’s former school (including any educational psychologist engaged by the governing body under a contract for services);
(c)the pupil to whom the record relates; and
(d)a parent of that pupil.
(4) In addition to the information referred to in paragraph (1), an educational record includes—
(a)any statement of special educational needs; and
(b)any personal education plan,
relating to the pupil concerned.
(5) For the purposes of this regulation, “processed” shall be construed in accordance with the definition of “processing” in section 1(1) of the Data Protection Act 1998(1).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: