OpenLegislation

Regulation 2 InterpretationI1

England and Wales Not yet in force

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

(1)

In these Regulations—

  • “the 1996 Act” (“Deddf 1996”) means the Education Act 1996;

  • “the 2002 Act” (“Deddf 2002”) means the Education Act 2002f1;

  • “ACCAC” (“ACCAC”) means the Qualifications, Curriculum and Assessment Authority for Wales or Awdurdod Cymwysterau, Cwricwlwm ac Asesu Cymruf2;

  • “approved external qualification” (“cymhwyster allanol a gymeradwywyd”) is a qualification within the meaning of section 96(5) of the Learning and Skills Act 2000f3 that was, at the relevant time, approved under section 99 of that Act for the purposes of section 96 of that Act;

  • “the associated documents” (“y dogfennau cysylltiedig”) means the documents published by ACCAC, setting out levels of attainment, attainment targets and programmes of study in relation to the relevant subjects, which documents have effect by virtue of the respective orders made under section 108(3)(a) and (b) of the 2002 Act for those subjects for the time being in force;

  • “attendance record” (“cofnod presenoldeb”) means the record of a pupil’s school attendance contained in the Attendance Register kept in accordance with section 434 of the 1996 Act and the Education (Pupil Registration) Regulations 1995f4;

  • “AVCE” (“TAAU”) means Advanced Vocational Certificate of Education;

  • “education welfare officer” (“swyddog lles addysg”) means any person who is employed by a local education authority, and whose duties include securing the regular attendance at school of pupils of compulsory school age;

  • “external marking agency” (“asiantaeth farcio allanol”) means a body nominated by ACCAC and approved by the National Assembly to mark NC tests;

  • “GCE “A” level”“TAG Safon Uwch”) and “GCE “AS””(“TAG Uwch Gyfrannol”) mean General Certificate of Education advanced level and advanced subsidiary respectively;

  • “GCSE” (“TGAU”) means General Certificate of Secondary Education;

  • “institution of further education” (“sefydliad addysg bellach”) means an institution which —

    1. (a)

      provides further education and is maintained by a local education authority, or

    2. (b)

      is within the further education sector;

  • “key stage” (“cyfnod allweddol”) means any of the periods set out in paragraphs (a) to (d) of section 103(1) of the 2002 Act, and a reference to the first, second, third or fourth key stage is a reference to the periods set out respectively in the said paragraphs (a) to (d);

  • “LEA number” (“rhif AALl”) is a combination of numbers allocated to a local education authority which is particular to that authority, determined by the National Assembly;

  • “maintained school” (“ysgol a gynhelir”) means a community, foundation or voluntary school or a community or foundation special school (other than one established in a hospital) and, unless the context otherwise requires, a nursery school maintained by a local education authority or a pupil referral unit;

  • “the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;

  • “NC tests” (“profion y Cwricwlwm Cenedlaethol”) and “NC tasks” (“tasgau'r Cwricwlwm Cenedlaethol”) mean, respectively, National Curriculum tests and National Curriculum tasks administered to pupils in accordance with the statutory asssessments;

  • “NQF” (“NQF”) means the National Qualifications Framework comprising qualifications accredited by ACCAC, the Qualifications and Curriculum Authority and the Northern Ireland Council for the Curriculum Examinations and Assessment and “NQF level” (“lefel NQF”) means the level(s) to which qualifications are accredited within the NQF;

  • “relevant subjects” (“pynciau perthnasol”) means—

    1. (a)

      in relation to teacher assessment and any key stage, all those subjects in respect of which the pupil or pupils concerned are required to be assessed by teacher assessment;

    2. (b)

      in relation to NC tests and any key stage, all those subjects in respect of which the pupil or pupils concerned are required to be assessed by the administration of such tests; and

    3. (c)

      in relation to NC tasks and any key stage, all those subjects in respect of which such tasks are required to be administered to the pupil or pupils concerned,

    in that key stage in accordance with the statutory asssessments;

  • “responsible person” (“person cyfrifol”) means—

    1. (a)

      the head teacher or proprietor of an independent school; or

    2. (b)

      the teacher in charge of a pupil referral unit; or

    3. (c)

      the governing body of any other school; or

    4. (d)

      the person responsible for the conduct of any institution of further education or other place of education or training to which a pupil transfers or may transfer;

  • “result” (“canlyniad”) in relation to any assessment under the statutory assessments means (subject to regulation 7(11) to (13)) the result of the assessment as determined and recorded in accordance with those arrangements;

  • “school day” (“diwrnod ysgol”) has the meaning given by section 579(1) of the 1996 Actf5;

  • “school number” (“rhif ysgol”) is a combination of numbers allocated to a school which is particular to that school, determined by the National Assembly;

  • “special educational needs” (“anghenion addysgol arbennig”) has the meaning given by section 312(1) of the 1996 Act;

  • “statutory assessments” (“asesiadau statudol”) means such assessment arrangements as are specified by the National Assembly in an order made under section 108(3)(c) of the 2002 Actf6;

  • “teacher assessment” (“asesiad athrawon”) means assessment by a teacher in accordance with the statutory asssessments;

  • “unique pupil number” (“rhif unigryw disgybl”) means a combination of numbers which together with a letter or letters are allocated to a pupil and are particular to that pupil, by use of a formula determined by the National Assembly; and

  • “unit or credit” (“uned neu gredyd”), in relation to a qualification, means a module or part of a course leading to that qualification which, when successfully completed, can be counted together with other modules or parts towards obtaining that qualification.

(2)

In these Regulations references to levels of attainment and attainment targets are references to the levels and targets set out in the associated documents.

(3)

In these Regulations, unless the context otherwise requires, any reference to a head teacher or governing body is, in relation to a pupil referral unit, a reference to the teacher in charge of the pupil referral unit.

(4)

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

Annotations

Commencement

I1

Reg. 2 in force at 30.4.2004, see reg. 1(1)

Footnotes

f1

2002 c. 32.

f2

See section 27 of the Education Act 1997 (c. 44).

f3

2000 c. 21.

f4

S.I. 1995/2089 as amended by S.I. 1997/2624, S.I. 2001/1109 (W.53), S.I. 2003/3227 (W.308).

f5

Section 579(1) was amended by paragraph 43 of Scedule 7 to the Education Act 1997.

f6

The current Orders are the Education (National Curriculum) (Assessment Arrangements for English, Welsh, Mathematics and Science) (Key Stage 1) (Wales) Order 2002 (S.I. 2002/45 (W.4)), the Education (National Curriculum) (Assessment Arrangements for English, Welsh, Mathematics and Science) (Key Stage 2) (Wales) Order 1997 (S.I. 1997/2009) and the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (Wales) Order 1997 (S.I. 1997/2010), as amended by S.I. 1998/1976 and S.I. 2001/889 (W.40).