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Regulation 5 Prescribed Persons

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

For the purposes of section 537A(4) of the 1996 Act, the Welsh Ministers prescribe as a person to whom they may provide individual pupil information —

(a)

any person referred to in paragraph (2) below; and

(b)

any person falling within the category referred to in paragraph (3) below.

(2)

The persons referred to in paragraph (1)(a) above are—

(a)

the local education authority which maintains the school at which the pupil who is 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 who is the subject of that information is or was registered;

(b)

a person holding the Office of Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru;

(c)

Local Government Data Unit-Wales; and

(d)

the Careers Wales companies established to provide careers services in Wales under sections 2, 8, and 10 of the Employment and Training Act 1973f1.

(3)

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

(4)

For the purposes of section 537A(5)(b) of the 1996 Act, the Welsh Ministers prescribe as a person to whom an information collator may provide individual pupil information—

(a)

any person referred to in paragraph (6) below; and

(b)

any person falling within the category referred to in paragraph (7) below.

(5)

The individual pupil information which an information collator may so provide, at such times as the Welsh Ministers may determine, in accordance with section 537A(5)(b) of the 1996 Act, is any such information relating to the educational achievements of pupils in—

(a)

any National Curriculum assessment of pupils in the first, second or third key stage;

(b)

any GCSE subjects;

(c)

any GCE “A” level examinations;

(d)

any GCE “AS” examinations;

(e)

any GNVQ subjects; and

(f)

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 Welsh Ministers or a body designated by the Welsh Ministers under section 99 of the Learning and Skills Act 2000f2 (other than a qualification of the kind referred to in sub-paragraph (b) or (e) above).

(6)

The persons referred to in paragraph (4)(a) above are—

(a)

the local education authority which maintains the school at which the pupil who is 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 who is the subject of that information is or was registered; and

(b)

a person holding the Office of Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.

(7)

The category referred to in paragraph (4)(b) above is that of persons conducting research into the educational achievements of pupils and who require individual pupil information for that purpose.

Annotations

Footnotes

f1

1973 c. 50. Section 2 was substituted by section 25(1) of the Employment Act 1988 (c. 19). Section 2(4) and (6) were repealed by Part 1 of Schedule 7 to the Employment Act 1989 (c. 38). Section 2(3A) and (3B) were inserted by section 47(1) of the Trade Union Reform and Employment Rights Act 1993 (c. 19). Sections 8 and 10 were substituted by section 45 of the Trade Union Reform and Employment Rights Act 1993.

f2

2000 c. 21. Sub-sections 6 and 7 were repealed by article 9(1), paragraph 30 of Schedule 1 to the Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005, S.I. 2005/3239 (W.244).