C1 Part V The Curriculum

Annotations:
Modifications etc. (not altering text)
C1

Pt. V (ss. 350-410) modified (1.9.1999) by S.I. 1999/2262, reg. 57

C3C2Chapter IV Miscellaneous and supplementary provisions

Annotations:
Modifications etc. (not altering text)

Information

408 Provision of information.

1

Regulations may require, in relation to every maintained school, the F20local authority, the governing body or the head teacher to make available either generally or to prescribed persons, in such form and manner and at such times as may be prescribed—

a

such information (including information as to the matters mentioned in subsection (2)) relevant for the purposes of any of the relevant provisions of this Part F1or Part V of the Education Act 1997F2or section 96 of the Learning and Skills Act 2000F10or the relevant provisions of the Education Act 2002F34or the provisions of F16Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009F18or the provisions of the Qualifications Wales Act 2015F24or the provisions of the Curriculum and Assessment (Wales) Act 2021, and

F3b

such copies of the documents mentioned in subsection (3),

as may be prescribed.

2

The matters referred to in subsection (1)(a) are—

a

the curriculum for maintained schools,

b

the educational provision made by the school for pupils at the school and any syllabuses to be followed by those pupils,

c

the educational achievements of pupils at the school (including the results of any assessments of those pupils, whether under this Part or otherwise, for the purpose of ascertaining those achievements), and

d

the educational achievements of F4such classes or descriptions of pupils as may be prescribed (including results of the kind mentioned in paragraph (c)). F5, and

F5e

arrangements relating to F22relevant qualifications (within the meaning given by section 96(5) of the Learning and Skills Act 2000) F23which are approved under section 98 F17... of that Act and to courses leading to such qualifications.

F19f

arrangements relating to qualifications within the meaning given in section 56 of the Qualifications Wales Act 2015 which are approved under Part 4 of that Act and to courses of education or training leading to such qualifications.

F63

The documents referred to in subsection (1)(b) are—

a

any written statement made by the F20local authority under section 370,

b

any written statement made by the governing body in pursuance of provision made under section 371,

c

any written statement made by the governing body of their policy as to the curriculum for the school, and

d

any report prepared by the governing body under section 161 or paragraph 7 of Schedule 23 (governors’ annual reports).

4

For the purposes of subsection (1) the relevant provisions of this Part are—

a

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7b

sections 375(3) and 384;

c

sections 385 and 388 and, so far as relating to county schools, sections 386 and 387;

d

sections F8390 to 392;

e

sections 394 to F28396F28396A;

f

sections 398 F9. . . and 405; F27...

g

F25section 409F21; F36and

F15h

F36in so far as subsection (1) applies in relation to Wales, sections 403 and 404.

F124A

For the purposes of subsection (1) the relevant provisions of the Education Act 2002 are—

a

Part 6 (the curriculum in England), F31and

b

F31sections 97 to 117 (the curriculum in Wales).

5

Before making any regulations under this section, the Secretary of State shall consult any persons with whom consultation appears to him to be desirable.

6

Regulations under this section shall not require information as to the results of an individual pupil’s assessment (whether under F13Part 6 F30or 7 of the Education Act 2002F14or Part 4 of the Curriculum and Assessment (Wales) Act 2021 or otherwise) to be made available to any persons other than—

a

the parents of the pupil concerned,

b

the pupil concerned,

c

in the case of a pupil who has transferred to a different school, the head teacher of that school,

d

the governing body of the school, or

e

the F20local authority;

F33...

F266A

Regulations under this section shall not require information as is mentioned in subsection (6) to be made available—

a

to a governing body except where relevant for the purposes of the performance of any of their functions;

b

to a head teacher except where relevant for the purposes of the performance of any of the head teacher’s functions;

c

to a local authority except where relevant for the purposes of the performance of any of their education functions.

7

Regulations under this section may authorise F35local authorities , governing bodies and head teachers to make a charge (not exceeding the cost of supply) for any documents supplied by them in pursuance of the regulations.

8

In relation to any maintained school, the F20local authority and the governing body shall exercise their functions with a view to securing that the head teacher complies with any regulations made under this section.

F328A

In exercising their functions under subsection (1), the Welsh Ministers must have regard to the desirability of information being available to parents and others about whether, and if so how, any parts of the curriculum and any educational provision at maintained schools (other than maintained nursery schools) promote the purpose of the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (see section 1 of that Act).

F299

In this section “maintained school” includes a maintained nursery school.