Regulation 2 Interpretation
In these Regulations, except where the context otherwise requires–
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“the 1996 Act” means the Education Act 1996;
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“assessment” in relation to a maintained school means assessment pursuant to orders made under section 356 of the 1996 Actf1 and “level” shall be construed in accordance with the provisions of such orders and in relation to a CTC means assessment pursuant to an agreement with the Secretary of State made under section 482 of the 1996 Act;
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“assessment term” means the term in which assessment is completed;
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“attainment targets” has the meaning given by section 353 of the 1996 Act;
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“authority”, in relation to a school maintained by a local education authorityf2, means that authority and, in relation to a non-maintained special school or an independent school, means the local education authority in whose area the school is situated;
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“external marking agency” means a body nominated by the Qualifications and Curriculum Authorityf3 and approved by the Secretary of State to mark NC tests;
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“CTC” means city technology college and city college for the technology of the arts;
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“core subject” means any of the following subjects, English, mathematics or science;
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“GCE ’A’ level examinations” and “GCE ’AS’ examinations” means General Certificate of Education advanced level examinations and General Certificate of Education advanced supplementary examinations respectively;
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“GCSE” means General Certificate of Secondary Education;
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“GNVQ” means a General National Vocational Qualification;
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“maintained school” means–
- (i)
in relation to the period before 1st September 1999,
- (a)
any county, voluntary or grant-maintained school; or
- (b)
any maintained special or grant-maintained special school which is not established in a hospital;
- (a)
- (ii)
in relation to the period on and after that date,
- (a)
any community, foundation or voluntary school, or
- (b)
any community or foundation special school which is not established in a hospitalf4
but excludes any nursery school;
- (a)
- (i)
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“middle deemed secondary school” means a middle school deemed to be a secondary school by virtue of the Education (Middle Schools) Regulations 1980f5;
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“NC tests” means National Curriculum tests administered to pupils for the purpose of assessing the level of attainment which they have achieved in any core subject being tests laid down in provisions made by the Secretary of State under the appropriate order made under section 356 of the 1996 Act in force when those tests were administeredf6;
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“non-maintained special school” means a special school which is not maintained by an authority;
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“public examination” means a public examination which is for the time being prescribed by regulations made under section 453 of the 1996 Actf7;
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“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 or, as the case may be, local education authorities;
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“school day” has the meaning given by section 579(1) of the 1996 Act;
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“school year” has the meaning given by section 579(1) of the 1996 Act;
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“special educational needs” has the meaning given by section 312(1) of the 1996 Act;
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“special school” has the meaning given by section 337 of the 1996 Act;
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“unauthorised absence” means an occasion on which a pupil is recorded as absent without authority pursuant to the Education (Pupil Registration Regulations) 1995f8 and “authorised absence” shall be construed accordingly; and
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“unit”, in relation to a vocational 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.
In these Regulations, except where the context otherwise requires–
references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on the day immediately preceding the commencement of the reporting school year and who were registered pupils at the school on the third Thursday in January in the reporting school year;
references to examinations for which pupils at the school were entered include examinations for which they were entered otherwise than in pursuance of section 402 of the 1996 Act;
references to key stages are references to the periods set out in section 355(1) of the 1996 Act; and
references to a grant-maintained special school or to any other school maintained by an authority do not include such a school which is established in a hospital.
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.
For the purposes of these Regulations any examination for the GCSE for which a pupil aged 15 was entered during a previous school year shall be treated as such an examination for which the pupil was entered during the reporting school year.
Information relating to authorised or unauthorised absences shall not include any information relating to any period after the Friday before the last Monday in May in the reporting school year.
In calculating the number of GCE ’A’ level examinations for which a pupil was entered, a GCE ’AS’ examination shall be treated as the equivalent of half a GCE ’A’ level examination.
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations and any reference in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number.
Annotations
Footnotes
- f1
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The orders currently in force are the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) Order 1995 (S.I. 1995/2071, amended by S.I. 1996/2114, 1997/1931 and 1997/2176), the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order 1995 (S.I. 1995/2072, amended by S.I. 1996/2115 and 1997/2176) and the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1996 (S.I. 1996/2116, amended by S.I. 1997/2176).
- f2
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Grant-maintained and grant-maintained special schools are, as from 1st April 1999, maintained by local education authorities by virtue of regulation 2 of S.I. 1998/2670.
- f3
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The Qualifications and Curriculum Authority was established under section 21 of the Education Act 1997 (c. 44).
- f4
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The categories of maintained schools referred to in relation to the period on and after 1st September 1999 are the new categories of maintained schools which are to apply on and after that date by virtue of section 20 of the School Standards and Framework Act 1998; the new categories will replace the existing categories referred to in relation to the period before that date.
- f5
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S.I. 1980/918, amended by S.I. 1994/581.
- f6
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For the tests administered in the school year ending before 12th August 1999, the relevant orders are the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order (S.I. 1995/2072, amended by S.I. 1996/2176) and the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1996 (S.I. 1996/2116, amended by S.I. 1997/2176).
- f7
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The current regulations are the Education (Prescribed Public Examination) Regulations 1989 (S.I. 1989/377).
- f8
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S.I. 1995/2089, amended by S.I. 1997/2624.