Explanatory note

These Regulations amend the Information as to Provision of Education (England) Regulations 2016 (“the 2016 Regulations”) (S.I. 2016/555), which require local authorities in England to provide to the Secretary of State each year prescribed information relating to the provision of primary and secondary education in their area.

Regulation 2(2) replaces regulation 2 of the 2016 Regulations with new interpretation provisions to reflect the changes made by these Regulations.

Regulation 2(3) replaces regulation 3 of the 2016 Regulations with regulations 3 and 3A, with the effect that the information set out in Schedule 1 about the capacity of schools and pupil numbers is to be provided to the Secretary of State via the online facility known as the COLLECT portal, while the information set out in Schedule 1A about the capital spending of schools is to be provided via the online facility known as the Capital Spend Survey portal. The windows of time for providing this information are also amended.

Regulation 2(4) amends regulation 5 of the 2016 Regulations to ensure that the determination of the capacity of a school and settings within a school are calculated in accordance with updated guidance.

Regulation 2(5) replaces Schedule 1 to the 2016 Regulations with Schedules 1 and 1A to reflect the split between information to be provided via the COLLECT portal and information to be provided by the Capital Spend Survey portal. The substitution made by regulation 2(5) also makes changes to the information that local authorities must provide. The key change is that information regarding school capacity and pupil numbers is now required in relation to special schools and other high needs settings.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.