The Statistics and Registration Service Act 2007 (Disclosure of Higher Education Student Information) Regulations 2009

• Citation: S.I. 2009/3201
• Sections: 7

Section 1 Citation and commencement

These Regulations may be cited as the Statistics and Registration Service Act 2007 (Disclosure of Higher Education Student Information) Regulations 2009 and come into force on the day after the day on which they are made.

Section 2 Interpretation

In these Regulations—

“ the Act ” means the Statistics and Registration Service Act 2007;

“the 1992 Act ” means the Further and Higher Education Act 1992 ;

“the Funding Councils ” means the Higher Education Funding Council for England and the Higher Education Funding Council for Wales;

“institution of higher education” means an institution within the higher education sector within the meaning of the 1992 Act;

“mode of study” includes full and part time study and sandwich, block release and day release courses;

“student” means, for the purposes of these Regulations, a person who undertakes a higher education course of study provided by an institution of higher education;

“ UK provider reference number” means a unique number allocated to a learning provider upon successful registration on the United Kingdom Register of Learning Providers;

“unique student identifier” means the number which—

is assigned to a student and is used by the Funding Councils for record management purposes;

continues to apply to the student regardless of any change in the student’s institution of higher education; and

does not, without additional information, identify the student.

Section 3 Disclosure of individual student information

The Funding Councils may disclose to the Statistics Board the information set out in regulation 4 in respect of students and individuals who have been students at any time since 1 August 2000.

Section 4 Disclosure of individual student information

(1) In respect of a student, the information referred to in regulation 3 is—

(a) that student’s—

(i) full name;

(ii) unique student identifier;

(iii) date of birth;

(iv) gender;

(v) ethnic group;

(vi) nationality;

(vii) institution of higher education’s UK provider reference number;

(viii) location of study and, if different, the location of the institution of higher education;

(ix) type of term-time accommodation;

(x) postcode of term-time accommodation; and

(xi) education institution attended prior to that student commencing higher education, indicated by either a numerical code or, if such a code is not applicable, the type of education institution;

(b) in relation to each course of study for a particular qualification for which that student has enrolled—

(i) the actual commencement date and anticipated duration of the course;

(ii) the period over which the academic year falls, or fell;

(iii) the student’s number of years of attendance on that course since enrolment;

(iv) the student’s mode of study;

(v) the nature of the qualification towards which the course is, or was, directed;

(vi) whether or not that student is, or was, charged higher fees by reference to the nature of that student’s connection with the United Kingdom pursuant to regulations made under section 1(1) (fees at universities and further education establishments) of the Education (Fees and Awards) Act 1983 ;

(vii) in relation to the student’s place of residence prior to commencing that course, the information set out in paragraph (2) ;

(viii) the date on which the student ended the course and the reason for doing so;

(c) whether the record held by the relevant Funding Council in respect of that student contains limited information and, if applicable, the reason for that.

(2) The information referred to in paragraph (1)(b)(vii) is—

(a) where that residence was within the United Kingdom, the Isle of Man and the Channel Islands, its postcode;

(b) where that residence within the United Kingdom, the Isle of Man and the Channel Islands was preceded by residence outside the United Kingdom, the Isle of Man and the Channel Islands, the country of residence; and

(c) where the student’s place of residence prior to commencing that course was outside the United Kingdom, the Isle of Man and the Channel Islands, the country of residence.

(3) The information disclosed to the Statistics Board pursuant to regulations 3 and 4 shall not comprise any information collected by the relevant Funding Council before 1 August 2000.

Section 5 Purposes for which disclosure is authorised

Information disclosed under regulations 3 and 4 may only be used by the Statistics Board for the following statistical purposes—

(a) the production of population statistics under section 20 (production of statistics) of the Act;

(b) the making of arrangements for a census under section 2 of the Census Act 1920 (duty of Registrar-General to carry out census, and provision for expenses); and

(c) the assessment of the census returns.

Section 6 Further disclosure of personal information by the Statistics Board

(1) In the application of section 39 (confidentiality of personal information) of the Act to personal information which is disclosed to the Statistics Board under regulations 3 and 4 , subsection (4)(c) of that section applies to the extent that the Statistics Board may disclose such personal information to the persons specified in regulation 7 .

(2) Information may only be disclosed under paragraph (1) for the purpose of enabling or assisting the Statistics Board to produce population statistics under section 20 (production of statistics) of the Act.

Section 7 Further disclosure of personal information by the Statistics Board

The persons referred to in regulation 6(1) are—

(a) the General Register Office for Scotland but only in respect of students who undertake a course at an institution of higher education in England or Wales but whose place of residence prior to starting such course was Scotland; and

(b) the Northern Ireland Statistics and Research Agency but only in respect of students who undertake a course at an institution of higher education in England or Wales but whose place of residence prior to starting such course was Northern Ireland .