The Education (Individual Pupil Information) (Prescribed Persons) Regulations 1999

• Citation: S.I. 1999/903
• Sections: 3

Section 1 Citation, commencement, application and revocation

(1) These Regulations may be cited as the Education (Individual Pupil Information) (Prescribed Persons) Regulations 1999 and shall come into force on 9th April 1999.

(2) These Regulations apply to individual pupil information relating to pupils at schools (other than nursery schools) in England only.

(3) The Education (Individual Performance Information)(Prescribed Bodies and Persons) Regulations 1997 and the Education (Individual Performance Information)(Identification of Individual Pupils) Regulations 1998 are hereby revoked.

Section 2 Interpretation

In these Regulations:

“ the Act ” means the Education Act 1996;

“ GCE ‘A’ level examinations” and “ GCE ‘AS’ examinations” mean General Certificate of Education advanced level examinations and General Certificate of Education Advanced Supplementary examinations respectively;

“ GCSE ” means General Certificate of Secondary Education;

“ GNVQ ” means General National Vocational Qualification;

“individual pupil information” means information within the meaning of section 537A(9) of the Act, namely, information relating to and identifying individual pupils or former pupils (at schools, other than nursery schools, in England), whether obtained under section 537A(1) of the Act or otherwise;

“information collator” means an information collator within section 537A(9) of the Act, namely, any body which, for the purposes of or in connection with the functions of the Secretary of State relating to education, is responsible for collating or checking information relating to pupils;

“key stage” means any of the periods set out in paragraphs (a) to (d) respectively of section 355(1) of the Act and a reference to the first, second or third key stage is a reference to the periods set out respectively in paragraphs (a), (b) and (c) of the said section 355(1); and

“the relevant local education authority”, in relation to the provision of any individual pupil information, means the local education authority which maintains the school at which the pupil, the subject of that information, is or was registered or, in the case of a school which is not so maintained, the local education authority for the area in which the school is situated, at which the pupil, the subject of that information, is or was registered.

Section 3 Prescribed persons

(1) For the purposes of section 537A(4) of the Act, the Secretary of State hereby prescribes as a person to whom he may provide individual pupil information—

(a) any person referred to in paragraph (4) below; and

(b) any person falling within the category referred to in paragraph (5) below.

(2) For the purposes of section 537A(5)(b) of the Act, the Secretary of State hereby prescribes as a person to whom an information collator may provide individual pupil information—

(a) any person referred to in paragraph (4) below; and

(b) any person falling within the category referred to in paragraph (5) below.

(3) The individual pupil information which an information collator may so provide, at such times as the Secretary of State may determine, in accordance with section 537A(5)(b) of the Act, is any such information relating to the educational achievements of pupils in—

(i) any National Curriculum assessment of pupils at or near the end of the final year of the first, second or third key stage;

(ii) any GCSE subjects;

(iii) any GCE ‘A’ level examinations;

(iv) any GCE ‘AS’ examinations;

(v) any GNVQ subjects; and

(vi) any course of study provided to pupils of compulsory school age in any school maintained by a local education authority which leads to a qualification which is approved by the Secretary of State under section 400 of the Act (other than a qualification of the kind referred to in sub-paragraph (ii) or (v) above).

(4) The persons referred to in paragraphs (1)(a) and (2)(a) above are—

(a) The States of Jersey Education Department;

(b) the Funding Agency for Schools ;

(c) the Joint Council for General Qualifications ;

(d) the Office for Standards in Education ;

(e) the Qualifications and Curriculum Authority ;

(f) the relevant local education authority;

(g) the Teacher Training Agency ; and

(h) the Welsh Joint Education Committee .

(5) The category referred to in paragraphs (1)(b) and (2)(b) above is that of persons conducting research into the educational achievements of pupils and who require individual pupil information for that purpose.