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Statutory Instrument 1994 No. 2254

The Education (School Performance Information) (Wales) (No. 2) Regulations 1994

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1994 No. 2254

EDUCATION, ENGLAND AND WALES

The Education (School Performance Information) (Wales) (No. 2) Regulations 1994

Made26th August 1994
Laid before Parliament5th September 1994
Coming into force30th September 1994

    In exercise of the powers conferred on the Secretary of State by sections 22 and 232(5) and (6) of the Education Reform Act 1988[1], and sections 16 and 19(3) of the Education (Schools) Act 1992[2], and after consulting with those persons with whom consultation appeared to him to be desirable, the Secretary of State for Wales hereby makes the following Regulations:


PART I

GENERAL
    Citation, commencement and application
        1.—(1)  These Regulations may be cited as the Education (School Performance Information) (Wales) (No. 2) Regulations 1994 and shall come into force on 30th September 1994.

        (2)  These Regulations apply in relation to schools and local education authorities in Wales.
    Revocation
        2.    The Education (School Performance Information) (Wales) Regulations 1993[3], the Education (School Performance Information) (Wales) Regulations 1994[4] and the Education (School Performance Information) (Wales) (Amendment) Regulations 1994[5] are revoked.
    Interpretation
        3.    —(1)  In these Regulations, except where the context otherwise requires—
      "the 1988 Act" means the Education Reform Act 1988;

      "authority", in relation to a school maintained by a local education authority, means that authority and, in relation to a grant-maintained or grant-maintained special school, a non-maintained special school or an independent school, means the authority in whose area the school is situated;

      "CoE" means Certificate of Education;

      "the Document" means the most recent booklet published by, or under arrangements made by, the Secretary of State under section 16(6) of the Education (Schools) Act 1992 containing information provided to him in accordance with these Regulations relating to the area of the authority by which the school is maintained (in the case of an LEA maintained school) or in which the school is situated (in the case of any other maintained school);

      "GCE ‘A’ level examinations" and "GCE ‘AS’ examinations" mean General Certificate of Education advanced level and advanced supplementary examinations respectively;

      "GCSE" means General Certificate of Secondary Education;

      "independent school" means any school at which full time education is provided for five or more pupils over the age of 11 (whether or not such education is also provided for pupils under that age) not being a school maintained by a local education authority, a grant-maintained school or a special school not maintained by a local education authority;

      "LEA maintained school" means—
         (a) any county or voluntary school; and
         (b) any special school maintained by an authority which is not established in a hospital;

    but excludes any nursery school;
      "lesson time" means time during which pupils are normally required to attend lessons or engage in private study supervised by a teacher during school hours;

      "maintained school" means—
         (a) any county or voluntary school;
         (b) any special school maintained by an authority which is not established in a hospital; and
         (c) any grant-maintained school or grant-maintained special school which is not established in a hospital;

    but excludes any nursery school; and a "maintained primary school" means a maintained school which is a primary school and a "maintained secondary school" a maintained school which is a secondary school;
      "non-maintained special school" means a special school which is neither an LEA maintained school nor a grant-maintained special school (and is not established in a hospital);

      "previous school year" means the school year immediately preceding the reporting school year;

      "public examination" means a public examination which is for the time being prescribed by regulations under section 106 of the 1988 Act[6];

      "reporting school year" means the school year immediately preceding the school year in which information provided to the Secretary of State under these Regulations is to be published by him;

      "Schools' Census enumeration date" means the date on which the Secretary of State requires information relating to the school pursuant to section 92 of the Education Act 1944;

      "special class or unit" means a class or unit (as the case may be) so designated by the authority (in the case of an LEA maintained school), governing body (in the case of a grant-maintained special school) or proprietor (in the case of a non-maintained special school or an independent school), in which all or the majority of pupils have special educational needs;

      "special school" has the meaning assigned to it by section 182(1) of the Education Act 1993;

      "unauthorised absence" means an occasion on which a pupil is recorded as absent without authority pursuant to the Pupils' Registration Regulations 1956[7] and "authorised absence" shall be construed accordingly;

        (2)  In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, any reference to a numbered paragraph is to the paragraph of that regulation bearing that number, any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph and any reference to a Schedule is to a Schedule to these Regulations.

        (3)  In these Regulations references to pupils of a particular age are, in relation to information to be provided in respect of the reporting school year or the previous school year, references to pupils who were of that age on the 31st August immediately preceding the commencement of the reporting school year or the previous school year (as the case may be) and who were pupils registered at the school on the Schools' Census enumeration date in the reporting school year or the previous school year (as the case may be).

        (4)  In these Regulations references to public examinations for which pupils at the school were entered include examinations for which they were entered otherwise than in pursuance of section 117 of the 1988 Act.

        (5)  In these Regulations references to key stages are references to the periods set out in section 3(3) of the 1988 Act.

        (6)  For the purposes of these Regulations, references to examinations for which pupils aged 16, 17 or 18 were entered in relation to the reporting school year or the previous school year are references to examinations intended to be sat in the reporting school year or the previous school year respectively the results of which are given in the August at the end of the reporting school year or the previous school year (as the case may be).

        (7)  Where under these Regulations information is required to be provided in respect of pupils aged 15 in relation to a specified school year (being the reporting school year or the previous school year), the information to be provided is—
       (a) in the case of a requirement to provide information relating to pupils entering for examinations, information relating to pupils entering for examinations intended to be sat; or
       (b) in the case of information relating to pupils achievements, information relating to results given,

    in the school year so specified and in any earlier school year which commenced after 1990.    (8)  For the purposes of these Regulations, a pupil shall be treated as having been entered for an examination whether or not the pupil sat the examination.

        (9)  In calculating the number of GCE ‘A’ levels a pupil is entered for, one GCE ‘AS’ examination shall be treated as the equivalent of half of a GCE ‘A’ level.

        (10)  Particulars to which these Regulations apply may be made available in the form of data from which the particulars are capable of being extracted by computer.
    Determination of examination results
        4.—(1)  The provisions of this regulation have effect for the purpose of determining the examination results referred to in Schedule 1.

        (2)  In the case of the results of examinations for pupils aged 15, 16, 17 or 18 the subjects shall be placed in alphabetical order.

        (3)  If a pupil has been entered for two or more examinations in the same subject to be sat in the school year or (where regulation 3(7) applies) other period for which information about examinations required to be provided under these Regulations is required to cover, only the entry and result in respect of the examination in which the higher or highest grade was achieved shall be taken into account.

        (4)  In the case of an examination leading to the award of the GCSE in two subjects, a pupil shall be included only once in the number of pupils entered for the examination and taken into account only once in calculating the relevant percentage but each grade awarded shall be treated as having been awarded in a separate subject.

        (5)  For GCE ‘A’ level or GCE ‘AS’ examinations the following grades equate to the following points, namely:
      GCE ‘A’ level: grade A = 10 points; grade B = 8 points; grade C =6 points; grade D = 4 points; and grade E = 2 points.

      GCE ‘AS’: grade A = 5 points; grade B = 4 points; grade C = 3 points; grade D = 2 points; and grade E = 1 point.

        (6)  In relation to GCSE examinations, references to grade A include the starred grade A.
    Qualification of duties
        5.    The duties imposed on head teachers, governing bodies, authorities and proprietors by virtue of these Regulations in respect of the provision of information apply only to the extent that the information is available to the head teacher, governing body, authority or proprietor (as the case may be) in time for it to be reasonably practicable for the information to be provided before the latest occasion on which the information is required to be provided.


Notes:

[1] 1988 c. 40. Section 22 was amended by paragraph 6 of Schedule 4 to the Education (Schools) Act 1992 (c. 38) and (in ways not relevant to these Regulations) by paragraph 123 of Schedule 19 to the Education Act 1993 (c. 35). It applies to grant-maintained special schools and their governing bodies by virtue of S.I. 1994/653. For matters to be prescribed, see section 235(7) of the 1988 Act and section 114(1) of the Education Act 1944 (c. 31) and for the transfer of functions to the Secretary of State see S.I. 1964/490, S.I. 1970/1536 and S.I. 1978/274.

[2] 1992 c. 38. Section 16 applies to grant-maintained special schools and their governing bodies by virtue of S.I. 1994/ 653.

[3] S.I. 1993/2194.

[4] S.I. 1994/1186.

[5] S.I. 1994/1912.

[6] The current regulations are the Education (Prescribed Public Examinations) Regulations 1989 (S.I. 1989/377).

[7] S.I. 1956/357; these regulations have been amended by the Education (Pupils' Attendance Records) Regulations 1991 (S.I. 1991/1582).

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