The Education (Student Information) (England) Regulations 2015

Regulation 4

SCHEDULE 1 E+W Student information: Fourth key stage, 16 to 19 Study Programmes and general information

PART 1 E+W Student information: Fourth key stage

1.—(1) In the case of each student, the following information— E+W

(a) the student’s gender, date of birth, and surname followed by first name or, if there are more than one, each forename;

(b) the date of the student’s admission to the institution;

(c) the student’s ethnic group;

(d) the student’s first language;

(e) the postcode of the home where the student normally resides;

(f) whether the student has as a pupil applied for and been found eligible for free school meals, pursuant to sections 512(3) and 512ZB of the 1996 Act;

(g) whether the student has special educational needs and, where applicable—

(i) the type of special educational needs that student has;

(ii) the primary and secondary need of those types if there is more than one type;

(iii) if the student has a statement of special educational needs(1) or an Education, Health and Care plan(2); and

(iv) if special educational provision is being made through SEN support(3).

(h) whether the student is or has been at any time whilst registered at the educational institution, to the knowledge of the governing body or, where appropriate, the proprietor, a child looked after by a local authority.

(2) Whether the student was entered for a relevant qualification(4) approved for use by pupils of compulsory school age under section 98 of the 2000 Act for the purposes of section 96 of that Act and, where applicable, the following—

(a) the relevant qualification taken;

(b) the name of the awarding body for the relevant qualification;

(c) the information year in which the student was entered for the relevant qualification; and

(d) the grade or level achieved.

Commencement Information

I1 Sch. 1 Pt. 1 para. 1 in force at 1.9.2015, see reg. 1(1)

PART 2 E+W Student information: 16 to 19 Study Programmes

1.—(1) The number of registered students aged 16, 17, 18 or 19 who, during the reporting information year or any of the information years preceding that year, were entered for a relevant entry level or level 1, 2, 3 qualification(5) approved under section 98 of the 2000 Act for the purposes of section 96 of that Act. E+W

(2) In the case of each registered student aged 16, 17, 18 or 19, the following information—

(a) the student’s gender, date of birth and surname followed by first name or, if more than one, each first name;

(b) the relevant entry level or level 1, 2, 3 qualification and subject taken and the grade or, where applicable, the level achieved;

(c) the information year in which the student was entered for the relevant entry level or level 1, 2, 3 qualification and the awarding body for that qualification;

(d) each approved relevant qualification taken by the student at the fourth key stage and the grade or, where applicable, the level achieved by the student; and

(e) each course of study taken by the student leading to a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 applies which is awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation under section 132 of that Act in respect of the qualification, including—

(i) the qualification identification number;

(ii) the date on which each course of study started;

(iii) the planned and actual end date of each course of study;

(iv) information on which course of study is identified as the core course of study;

(v) information on whether each course of study is or was eligible for funding by the Secretary of State;

(vi) the name of the educational institution, work-based learning provider or learning provider recording the course of study; and

(vii) the outcome of the course of study.

(3) In sub-paragraph 1(2)(d), the reference to an approved relevant qualification is to any qualification which has been approved for use by pupils of compulsory school age under section 98 of the 2000 Act for the purposes of section 96 of that Act.

Commencement Information

I2 Sch. 1 Pt. 2 para. 1 in force at 1.9.2015, see reg. 1(1)

PART 3 E+W Student information: general

1.  The name, address and telephone number of the educational institution, work-based learning provider or the learning provider attended by the student. E+W

Commencement Information

I3 Sch. 1 Pt. 3 para. 1 in force at 1.9.2015, see reg. 1(1)

2.  The number of students— E+W

(a) enrolled or registered with the educational institution or learning provider at the start of the spring term of the reporting information year; or

(b) undertaking work with the work-based learning provider at the start of the spring term of the reporting information year.

Commencement Information

I4 Sch. 1 Pt. 3 para. 2 in force at 1.9.2015, see reg. 1(1)

3.  The age range of the students enrolled or registered at the educational institution or learning provider or undertaking work with the work-based learning provider in the reporting information year. E+W

Commencement Information

I5 Sch. 1 Pt. 3 para. 3 in force at 1.9.2015, see reg. 1(1)

4.  The number of students enrolled or registered at the educational institution or learning provider or undertaking work with the work-based learning provider aged 16, 17, 18 or 19 in the reporting information year. E+W

Commencement Information

I6 Sch. 1 Pt. 3 para. 4 in force at 1.9.2015, see reg. 1(1)

5.  The classification of the provider as a— E+W

(a) further education institution;

(b) 16 to 19 Academy;

(c) work-based learning provider; or

(d) learning provider.

Commencement Information

I7 Sch. 1 Pt. 3 para. 5 in force at 1.9.2015, see reg. 1(1)

6.  The numbers of male and female students enrolled or registered with the educational institution or learning provider or undertaking work with the work-based learning provider in the reporting information year. E+W

Commencement Information

I8 Sch. 1 Pt. 3 para. 6 in force at 1.9.2015, see reg. 1(1)

Regulation 5

SCHEDULE 2 E+W Prescribed persons and prescribed categories of person

PART 1 E+W Information provided by the Secretary of State or an information collator

CHAPTER 1 E+W Prescribed Persons

1.—(1) the Joint Council for Qualifications; E+W

(2) the Office for Standards in Education, Children’s Services and Skills;

(3) Her Majesty’s Chief Inspector of Education and Training in Wales(6);

(4) the [F1 Office for Students];

(5) the Higher Education Funding Council for Wales(7);

(6) a relevant local authority;

(7) the governing body or proprietor of the relevant school;

(8) where a school is designated under section 69(3) of the School Standards and Framework Act 1998 as having a religious character—

(a) in the case of a school designated as Church of England or Roman Catholic, the appropriate diocesan authority;

(b) in the case of a school designated as Jewish, the Jewish Studies Education Inspection Service;

(c) in the case of a school designated as Methodist, the Education Secretary to the Methodist Church;

(d) in the case of a school designated as Muslim, the Association of Muslim Schools;

(e) in the case of a school designated as Sikh, the Network of Sikh Organisations; or

(f) in the case of a school designated as Seventh Day Adventist, the Education Department of the British Union Conference of the Seventh Day Adventists;

(9) the States of Guernsey Education Department;

(10) the States of Jersey Education Department;

(11) the Isle of Man Department of Education;

(12) the Welsh Ministers;

(13) the Student Loans Company Limited(8);

(14) the University and Colleges Admissions Service(9);

(15) the Higher Education Statistics Agency(10);

(16) any body which is recognised by the Office of Qualifications and Examinations Regulation under section 132 of the 2009 Act in respect of the award or authentication of a specified qualification or description of qualification to which Part 7 of that Act applies;

(17) the Office of Qualifications and Examinations Regulation;

(18) the Further Education Commissioner; F2 ...

(19) the Sixth-Form Commissioner [F3 ; and

(20) Qualifications Wales.]

Textual Amendments

F1 Words in Sch. 2 Pt. 1 para. 1(4) substituted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 38

F2 Word in Sch. 2 Pt. 1 para. 1(18) revoked (1.5.2016) by The Qualifications Wales Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/236), regs. 1, 20(a)

F3 Sch. 2 Pt. 1 para. 1(20) and word added (1.5.2016) by The Qualifications Wales Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/236), regs. 1, 20(b)

Commencement Information

I9 Sch. 2 Pt. 1 para. 1 in force at 1.9.2015, see reg. 1(1)

CHAPTER 2 E+W Prescribed categories of person

2.—(1) institutions within the further education sector or 16 to 19 Academies; E+W

(2) work-based learning providers;

(3) learning providers; and

(4) persons who, for the purpose of promoting the education or well-being of students in England are—

(a) conducting research or analysis,

(b) producing statistics, or

(c) providing information, advice or guidance,

and who require student information for that purpose.

Commencement Information

I10 Sch. 2 Pt. 1 para. 2 in force at 1.9.2015, see reg. 1(1)

PART 2 E+W Information provided by any person other than the Secretary of State or an information collator

CHAPTER 1 E+W Prescribed Persons

1.—(1) the Joint Council for Qualifications; E+W

(2) the Office for Standards in Education, Children’s Services and Skills;

(3) a relevant local authority;

(4) the governing body or proprietor of the relevant school;

(5) where a school is designated under section 69(3) of the School Standards and Framework Act 1998 as having a religious character—

(a) in the case of a school designated as Church of England or Roman Catholic, the appropriate diocesan authority;

(b) in the case of a school designated as Jewish, the Jewish Studies Education Inspection Service;

(c) in the case of a school designated as Methodist, the Education Secretary to the Methodist Church;

(d) in the case of a school designated as Muslim, the Association of Muslim Schools;

(e) in the case of a school designated as Sikh, the Network of Sikh Organisations; or

(f) in the case of a school designated as Seventh Day Adventist, the Education Department of the British Union Conference of the Seventh Day Adventists;

(6) the Welsh Ministers;

(7) any body which is recognised by the Office of Qualifications and Examinations Regulation under section 132 of the 2009 Act in respect of the award or authentication of a specified qualification or description of qualification to which Part 7 of that Act applies;

(8) the Office of Qualifications and Examinations Regulation;

(9) the Further Education Commissioner; and

(10) the Sixth-Form Commissioner.

Commencement Information

I11 Sch. 2 Pt. 2 para. 1 in force at 1.9.2015, see reg. 1(1)

CHAPTER 2 E+W Prescribed categories of person

2.—(1) institutions within the further education sector or 16 to 19 Academies; E+W

(2) work-based learning providers; and

(3) learning providers.

Commencement Information

I12 Sch. 2 Pt. 2 para. 2 in force at 1.9.2015, see reg. 1(1)

(1)

Section 324(1) of the Education Act 1996 (c. 56) provides for the making and maintaining by a local authority of a statement of special educational needs in respect of a child. Section 324(1) was repealed in relation to England but remains in force by virtue of Article 11 Children and Families Act 2014 (Transitional and Saving Provisions) (No.2) Order 2014 (S.I. 2014/2270).

(2)

See section 37(2) of the Children and Families Act 2014 (c. 6) for the meaning of “Education, Health and Care plan”. Sub-section (2) was amended by the Care Act 2014 (c. 23) and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914).

(3)

As described in the ‘Special educational needs and disability code of practice: 0 to 25 years’, issued by the Secretary of State under section 77 of the Children and Families Act 2014 (c. 6).

(4)

“a relevant qualification” is defined in section 96(5) of the Learning and Skills Act 2000 (c. 21). Sub-section (5) was substituted, for sub-sections (5)–(7) as originally enacted, by sections 174 and 192 of, and paragraphs 26 and 27(1) and (4) of Schedule 12 to, the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22).

(5)

“Entry level”, “level 1, 2 and 3” qualifications are provided for by Annex E of the Regulatory Arrangements for the Qualifications and Credit Framework, published in August 2008, and available at the following link: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371294/2008-08-15-regulatory-arrangements-qcf-august08.pdf

(6)

Her Majesty’s Chief Inspector of Education and Training in Wales is appointed by Order in Council under section 19 of the Education Act 2005 (c.18).

(7)

The Higher Education Funding Council for Wales is a Non-Ministerial Department established under section 62 of, and Schedule 1 to, the Further and Higher Education Act 1992 (c. 13).

(8)

The Student Loans Company Limited is a company limited by shares registered in England No. 2401034.

(9)

The University and Colleges Admissions Service is a company limited by guarantee registered in England No. 2839815.

(10)

The Higher Education Statistics Agency is a company limited by guarantee registered in England No. 2766993.