OpenLegislation

Regulation 2 InterpretationI1

England and Wales

(1)

In these Regulations—

  • “the 1996 Act” (“Deddf 1996”) means the Education Act 1996;

  • F1...

  • F2“approval number”(“rhif cymeradwyo”) is the number allocated to a qualification by Qualifications Wales under section 22(3) of the Qualifications Wales Act 2015;

  • F3“approved relevant qualification” (“cymhwyster perthnasol a gymeradwywyd”) is a qualification within the meaning of section 56 of the Qualifications Wales Act 2015;

  • “authority” (“awdurdod”) means—

    1. (i)

      in relation to a school maintained by a local authority that authority; and

    2. (ii)

      in relation to a non-maintained special school or an independent school, the local authority in whose area the school is situated;

  • ...

  • “maintained school” (“ysgol a gynhelir”) means—

    1. (i)

      any community, foundation or voluntary school, or

    2. (ii)

      any community or foundation special school which is not established in a hospital;

    but excludes any nursery school;

  • “non-maintained special school” (“ysgol arbennig nas cynhelir”) means a special school which is not maintained by an authority;

  • “qualification number” (“rhif cymhwyster”) means the unique reference number allocated to qualifications on the register to identify that qualification;

  • “the register” (“y gofrestr”) means the register maintained and published by the Office of Qualifications and Examinations Regulation pursuant to section 148 of the Apprenticeships, Skills, Children and Learning Act 2009f1;

  • “reporting school year” (“blwyddyn adrodd yr ysgol”) means the school year immediately preceding the school year in which information provided to the Welsh Ministers is to be published by the Welsh Ministers or, as the case may be, local authorities;

  • “school session” (“sesiwn ysgol”) is to be interpreted in accordance with regulation 4 of the Education (School Day and School Year) (Wales) Regulations 2003f2;

  • F4“statutory assessments” (“asesiadau statudol”) means the assessment arrangements specified in—

    1. (a)

      the National Curriculum (Key Stage 3 Assessment Arrangements) (Wales) Order 2005;

    2. (b)

      the Education (National Curriculum) (Assessment Arrangements for Reading and Numeracy) (Wales) Order 2013;

    3. (c)

      the National Curriculum (Assessment Arrangements for the Foundation Phase and the Second and Third Key Stages) (Wales) Order 2014; and

    4. (d)

      in Part 3 of the National Curriculum (Desirable Outcomes, Educational Programmes and Baseline and End of Phase Assessment Arrangements for the Foundation Phase) (Wales) Order 2015 for the 2021 to 2022 school year only;

  • “unauthorised absence” (“absenoldeb heb ei awdurdodi”) means an occasion on which a pupil is recorded as absent without authority pursuant to the Education (Pupil Registration) (Wales) Regulations 2010f3 and “authorised absence” (“absenoldeb awdurdodedig”) is to be construed accordingly; and

  • “unique pupil number” (“rhif unigryw disgybl”) means a combination of numbers which together with a letter or letters is allocated to a pupil and are particular to that pupil, by use of a formula determined by the Welsh Ministers.

(2)

In these Regulations, except where the context otherwise requires—

(a)

references to pupils of a particular age are to pupils who were registered pupils at the school on the third Thursday in January in the reporting school year and who attained that age during the period of twelve months ending on either—

(i)

the 31 August preceding the commencement of the reporting school year, where the reporting school year begins after that date, or

(ii)

the 31 August which falls within the reporting school year, where the reporting school year begins on or before that date;

(b)

references to approved relevant qualifications for which pupils at the school were entered include approved relevant qualifications for which they were entered otherwise than in pursuance of section 402(1) of the 1996 Actf4 F5.

F6(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Where these Regulations require or permit information to be transferred in electronic or machine readable form, that requirement must be met by transferring the information through a secure internet website provided for that purpose by or on behalf of the Welsh Ministers.

(4)

For the purposes of these Regulations any approved relevant qualification for which a pupil was entered during a previous school year is to be treated as such an entry during the reporting school year.

Annotations

Textual amendments

F1

Words in reg. 2(1) omitted (1.9.2024) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 3) Regulations 2022 (S.I. 2022/758), regs. 1(2), 15(3)(a)(i)

F2

Words in reg. 2(1) inserted (1.5.2016) by The Qualifications Wales Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/236), regs. 1, 14(2)

F3

Words in reg. 2(1) substituted (1.5.2016) by The Qualifications Wales Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/236), regs. 1, 14(3)

F4

Words in reg. 2(1) substituted (30.5.2022) by The Education (Revocation of Assessment Arrangements in the National Curriculum and Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/517), regs. 1(2), 10(2)

F5

Reg. 2(2)(b): full stop substituted for word (1.9.2024) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 3) Regulations 2022 (S.I. 2022/758), regs. 1(3), 15(3)(a)(ii)

F6

Reg. 2(2)(c) omitted (1.9.2024) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 3) Regulations 2022 (S.I. 2022/758), regs. 1(3), 15(3)(a)(iii)

Commencement

I1

Reg. 2 in force at 1.9.2011, see reg. 1(1)

Footnotes

f1

2009 c. 22.

f2

S.I. 2003/3231 (W.311).

f3

S.I. 2010/1154 (W.187).

f4

Section 402 was amended by paragraphs 57 and 101 of Schedule 30 to the School Standards and Framework Act 1998 (c. 31), by paragraph 45 of Schedule 21 to the Education Act 2002 and by S.I. 2010/1158.