Regulation 2 Interpretation

In these Regulations–

• “the 1996 Act” means the Education Act 1996^f1;

• “the 1997 Act” means the Education Act 1997;

• “achieve the Core Subject Indicator” in relation to second key stage pupils means that those pupils are assessed as having achieved level 4 or above in NC tests for that key stage in English or Welsh (other than Welsh second language) and in both mathematics and science and in relation to third key stage pupils means that those pupils are assessed as having achieved level 5 or above in NC tests for that key stage in English or Welsh (other than Welsh second language) and in both mathematics and science;

• “CoEA” means Certificate of Educational Achievement;

• “core subjects” means the core subjects within the meaning of section 354(1) of the 1996 Act;

• “following school year” means the school year immediately following the school year in question;

• “GCSE” means General Certificate of Secondary Education, and “GCSE examination” means an examination, the course leading to which is a full GCSE course of study;

• “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;

• “GNVQ” means General National Vocational Qualification;

• “level 4” means level 4 of the National Curriculum level scale as determined by the results of NC tests;

• “level 5” means level 5 of the National Curriculum level scale as determined by the results of NC tests;

• “NC tests” means National Curriculum tests administered to pupils for the purpose of assessing the level of attainment which they have achieved in English, Welsh, science or mathematics, being tests laid down in provisions made by the Secretary of State under the appropriate order made under section 356(2) of the 1996 Act in force when those tests are administered^f2;

• “NVQ” means National Vocational Qualification;

• “performance targets” means the targets which schools' governing bodies are required to set by virtue of regulations 3, 4 and 5;

• “previous school year” means the school year immediately preceding the school year in question;

• “pupils' attainment results” has the meaning specified in regulation 7(3);

• “relevant school year” in relation to a school means the school year in relation to which the school’s annual report is published;

• “school” means a maintained school within the meaning of section 19(3) of the 1997 Act;

• “school’s annual report” means the report to parents which the governing body of a school are required to prepare and publish for every school year by virtue of the school’s Articles of Government;

• “Schools' Census enumeration date” means the date by reference to which the Secretary of State annually requires information to be provided relating to maintained schools pursuant to section 29(1) of the 1996 Act;

• “school year” means–

  1. (a)

     in all respects other than as specified in (b) below, a period of twelve months ending on 31st August, and

  2. (b)

     in relation both to the setting of targets for and to the recording of achievements in GNVQs and NVQs, the period of twelve months ending on the 31st July immediately preceding the 31st August referred to in (a) above;

• “school year in question” in relation to the setting of any target means the school year in which that target is being set;

• “school year next but one” means the school year ending 2 years after the end of the school year in question;

• “school year next but two” means the school year ending 3 years after the end of the school year in question;

• “second key stage pupils” means pupils who are in the second key stage referred to in section 355(1)(b) of the 1996 Act;

• “third key stage pupils” means pupils who are in the third key stage referred to in section 355(1)(c) of the 1996 Act;

• “vocational qualification” means–

  1. (a)

     a Part One GNVQ,

  2. (b)

     an Intermediate GNVQ,

  3. (c)

     a Foundation GNVQ,

  4. (d)

     a GNVQ Language Unit, or

  5. (e)

     an NVQ

  awarded by–

  1. (i)

     the EDEXCEL Foundation,

  2. (ii)

     the City and Guilds of London Institute,

  3. (iii)

     the Royal Society of Arts Examination Board,

  4. (iv)

     the Assessment and Qualifications Alliance, or

  5. (v)

     Oxford, Cambridge and RSA Examinations,

  and approved by the Secretary of State or by a designated body under section 400 of the 1996 Act or section 37 of the 1997 Act.

Any reference in these regulations to a pupil achieving or being awarded–

by the end of any school year, shall be construed for the purposes of these regulations as a reference to that pupil achieving or being awarded that grade or qualification in the school year in which he–

and irrespective of whether the decision to award the grade or qualification is made in a later school year.