Regulation 3 Prescribed circumstancesI1

England and Wales

(1)

The following circumstances are prescribed for the purposes of section 253A(1) of the 2009 Act—

(a)

the student is or was—

(i)

in the fourth key stage^f1; or

(ii)

undertaking a 16 to 19 Study Programme; and

(b)

where the person (“P”) provides student information to a person or category of person prescribed in Regulation 5, the student to whom such information relates is or was—

(i)

enrolled or registered with P; or

(ii)

undertaking work with P; or

(c)

where P provides student information to the Secretary of State or to an information collator^f2, such provision follows a request by the Secretary of State or an information collator to P for the information.

(2)

The following persons are not subject to the restriction in paragraph (1)(b)—

(a)

the Secretary of State;

(b)

an information collator;

(c)

the Joint Council for Qualifications;

(d)

the Office for Standards in Education, Children’s Services and Skills^f3;

(e)

a relevant local authority;

(f)

any body which is recognised by the Office of Qualifications and Examinations Regulation^f4 under section 132 of the 2009 Act in respect of the award or authentication of a specified qualification or description of qualification to which Part 7 of that Act applies;

(g)

the Office of Qualifications and Examinations Regulation;

(h)

the Further Education Commissioner; and

(i)

the Sixth-Form Commissioner.

Annotations

Commencement

I1: Reg. 3 in force at 1.9.2015, see reg. 1(1)

Footnotes

f1: “the fourth key stage” is defined in section 82(1)(d) of the Education Act 2002 (c. 32).
f2: See section 253A(6) of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) for the meaning of “information collator”.
f3: The Office for Standards in Education, Children’s Services and Skills is a Non-Ministerial Department established under section 112 of the Education and Inspections Act 2006 (c. 40).
f4: The Office of Qualifications and Examinations Regulation is a Non-Ministerial Department established under section 127 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22).