The Education (Information About Individual Pupils) (Wales) (Amendment) Regulations 2013

Welsh Statutory Instruments

2013 No. 3137 (W. 310)

Education, Wales

The Education (Information About Individual Pupils) (Wales) (Amendment) Regulations 2013

Made

10 December 2013

Laid before the National Assembly for Wales

12 December 2013

Coming into force

13 January 2014

The Welsh Ministers in exercise of the powers conferred on the Secretary of State by sections 537A (1), (2) and (4) and 569(4) and (5) of the Education Act 1996(1) and now vested in them(2) make the following Regulations:

Title, commencement and application

1.—(1) The title of these Regulations is the Education (Information About Individual Pupils) (Wales) (Amendment) Regulations 2013 and they come into force on 13 January 2014.

(2) These Regulations apply in relation to Wales.

Amendment

2.—(1) The Education (Information About Individual Pupils) (Wales) Regulations 2007(3) are amended as follows.

(2) In regulation 3, at the appropriate place insert—

“fixed period exclusion” (“gwaharddiad cyfnod penodol”) in relation to a pupil means excluded for a fixed period or periods on disciplinary grounds from the school to which a request is made under regulation 3 or 5;.

(3) In Part 3 of Schedule 2 for paragraph 1 substitute—

“1.   The following information about each pupil permanently excluded from the school and whose permanent exclusion date was in the year ending on 31 August preceding the date on which the request for information is made—

(a) current unique pupil number;

(b) current unique learner number, where known;

(c) surname;

(d) first name, or if more than one each first name;

(e) middle name, or if more than one each middle name;

(f) gender;

(g) date of birth;

(h) the date the permanent exclusion began;

(i) the reason for the exclusion; and

(j) whether the exclusion was a permanent exclusion or a fixed period exclusion.

2.   The following information about each pupil excluded from the school for a fixed period and whose exclusion date was in the year ending on 31 August preceding the date on which the request for information is made—

(a) current unique pupil number;

(b) current unique learner number, where known;

(c) surname;

(d) first name, or if more than one each first name;

(e) middle name, or if more than one each middle name;

(f) gender;

(g) date of birth;

(h) the date the exclusion began;

(i) the number of school sessions to which the exclusion applies;

(j) the reason for the exclusion; and

(k) whether the exclusion was a permanent exclusion or a fixed period exclusion.”.

Huw Lewis

Minister for Education and Skills, one of the Welsh Ministers

10 December 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (Information About Individual Pupils) (Wales) Regulations 2007 (“the 2007 Regulations”). The 2007 Regulations require the governing body of any maintained school on receiving a written request from the local authority by which the school is maintained to supply within fourteen days such of the information as is requested by the authority in respect of pupils at the school.

Regulation 2 amends the 2007 Regulations so as to require a governing body to provide to a local authority additional information to that it is already required to provide by virtue of the 2007 Regulations in relation permanent exclusions of pupils. Regulation 2 further amends the 2007 Regulations so as to require governing bodies to provide to local authorities information in relation to fixed period exclusions of pupils.

(1)

1996 c.56. Section 537A was inserted by section 20 of the Education Act 1997 (c.44) and was substituted by the School Standards and Framework Act 1998 (c.31), Schedule 30, paragraph 153 and sub-section 1(a)(i) was further amended by S.I. 2010/1158.

(2)

The functions of the Secretary of State under these sections were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/673) and then to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.12).

(3)

S.I. 2007/3562 (W.312) as amended by S.I. 2011/2325 (W.242).