Regulation 3 Interpretation

In these Regulations, except where the context otherwise requires—

• “the Act” means the Education Act 1996;

• “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 537(6) of the Act containing information provided to him in accordance with these Regulations or the Regulations revoked by regulations 2, or compiled from such information, covering both 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), and Wales as a whole;

• “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;

• “GCSE short course” means a GCSE course designed to cover a proportion only (being not less than half) of the corresponding full GCSE course of study, and to which the same grading standards are applied; and “GCSE short course examination” means an examination, the course leading to which is a GCSE short course;

• “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;

• “GNVQ” means General National Vocational Qualification;

• “LEA maintained school” means—

  1. (a)

     any county or voluntary school; and

  2. (b)

     any special school maintained by an authority which is not established in a hospital;

  but excludes any nursery school;

• “maintained school” means—

  1. (a)

     any LEA maintained school; and

  2. (b)

     any grant-maintained school or grant-maintained special school which is not established in a hospital;

  but excludes any nursery 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);

• “NVQ” means National Vocational Qualification;

• “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 453(1) of the Act^f1;

• “relevant three year period” means the period of three school years ending at the expiration of the reporting school year and the period of three school years ending at the expiration of the previous school year;

• “reporting school year” means the school year immediately preceding the school year in which information provided to the Secretary of State under these Regulations, or the Regulations revoked by these Regulations, is to be published by him;

• “Schools’ Census enumeration date” means the date by reference to which the Secretary of State annually requires information relating to maintained schools pursuant to section 29(1) of the Act and by reference to which independent schools are requested to provide corresponding information;

• “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 or 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 337(1) of the Act;

• “unauthorised absence” means an occasion on which a pupil is recorded as absent without authority pursuant to the Education (Pupil Registration) Regulations 1995^f2 and “authorised absence” shall be construed accordingly; and

• “Welsh-speaking school” has the meaning assigned to it by section 354(8) of the Act.

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.

In these Regulations, references to pupils of a particular age are—

Except where these Regulations so provide, references to a GCSE examination do not include such an examination where the course leading to it is a GCSE short course.

In these Regulations, 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 Act.

In these Regulations, references to key stages are to the periods set out in section 355(1) of the Act.

For the purposes of these Regulations, references to examinations for which pupils aged 16, 17 or 18 were entered are—

the results of which are given in the August at the end of that school year.

Where under Schedule 1 to these Regulations information is required to be provided in respect of pupils aged 15, the information to be provided is—

in the reporting school year or (as the case may be) in the first, second or third school year of the relevant three year period in respect of which information is being ascertained for the purpose of determining the average number or percentage over that period, and (in either case) in any earlier school year.

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.