Citation and commencement

1. These Regulations may be cited as the Education (Information About Children in Alternative Provision) (England) Regulations 2007 and come into force on 30th April 2007.

Interpretation

2. —(1) In these Regulations—

“the 1996 Act” means the Education Act 1996;

“funded independent school education” has the meaning given by regulation 3(b);

“funded provision” has the meaning given by regulation 3;

“individual information” means, in relation to funded independent school education, individual pupil information, and in relation to funded education, individual child information;

“relevant local education authority” means the local education authority that funds or will fund the funded education;

“relevant person” has the meaning given by section 537A(2) or 537B(2) of the 1996 Act as the case may require;

“relevant provider” means a person who provides or will provide the child with funded education;.

“relevant school” means a school at which the child is or will be a registered pupil if applicable;

“special educational needs provision type” means the special educational needs provision type forming part of the graduated approach adopted pursuant to “The Special Educational Needs Code of Practice” issued by the Secretary of State on 3 ^rd December 2001( 2 ) under section 313 of the 1996 Act( 3 );

“unique pupil number” means a combination of numbers which together with a letter or letters are allocated to a pupil and are unique to him, by use of a formula determined by the Department for Education and Skills; and

“work-based learning provider” means any employer or body providing a programme or programmes of education for children in the workplace as part of a course on which they are or will be enrolled at any school or college.

(2) For the purposes of these Regulations, a person is eligible for free school meals if that person falls within section 512ZB(4) of the 1996 Act.

Application

3. These Regulations apply in relation to—

(a) funded education where the relevant local education authority is a local education authority in England; and

(b) education provided at an independent school arranged and funded by a local education authority in England pursuant to section 19 of the 1996 Act (in these Regulations referred to as “funded independent school education”),

and in these Regulations a reference to funded provision is a reference to such funded education and funded independent school education.

Requirement to provide individual information

4. A person who provides funded provision must, when required to do so, provide individual information as prescribed in regulation 6 to the relevant person.

Extent of duty to comply with requirement

5. A person will have complied with regulation 4 if they provide each item of individual information held by them that is requested.

Individual information

6. For the purposes of sections 537A(1) and 537B(1) of the 1996 Act, individual information is prescribed as follows—

(a) surname;

(b) first name;

(c) date of birth;

(d) address and postcode;

(e) unique pupil number, where one exists;

(f) gender;

(g) special educational needs provision type;

(h) ethnicity;

(i) whether English is not the first language;

(j) whether eligible for free school meals; and

(k) type of funded provision attended, that is whether it is—

(i) in a hospital (other than in a school established in a hospital);

(ii) in an independent school; or

(iii) not in a hospital or school.

Persons to whom individual information may be required to be supplied in addition to the Secretary of State

7. For the purposes of sections 537A(2)(b) and 537B(2)(b), a prescribed person is the relevant local education authority.

Other persons to whom individual information supplied may be passed in addition to information collators

8. For the purposes of sections 537A(3)(b), (4)(b) and 5(b)(i) and 537B(3)(b), (4)(b) and (5)(b)(i), a prescribed person is any of the following—

(a) the States of Jersey Department for Education, Sport and Culture Department;

(b) the Joint Council for General Qualifications( 4 );

(c) Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;

(d) the Qualifications and Curriculum Authority( 5 );

(e) the relevant local education authority;

(f) the Training and Development Agency for Schools( 6 );

(g) the Welsh Joint Education Committee( 7 );

(h) the Learning and Skills Council for England and the relevant local learning and skills council( 8 ) in whose area the child or pupil is receiving funded provision or proposes to receive further education;

(i) the States of Guernsey Education Department;

(j) the Isle of Man Department of Education;

(k) any person with whom the Secretary of State has made arrangements for the provision of services under section 114(2) of the Learning and Skills Act 2000( 9 );

(l) the Higher Education Funding Council for England( 10 );

(m) the National Assembly for Wales;

(n) the National Assessment Agency( 11 );

(o) the Scottish Exchange of Educational Data( 12 ); or

(p) the relevant school or other relevant provider of funded provision.

Persons (in addition to the Secretary of State and information collators) to whom any person may supply individual information

9. For the purposes of sections 537A(6)(c) and 537B(6)(c), a prescribed person is be either of the following—

(a) the relevant local education authority; or

(b) the relevant school or other relevant provider of funded provision.

Categories of person to whom the Secretary of State or information collators may supply individual information

10. —(1) For the purposes of sections 537A(4)(c) and (5)(b)(ii) and 537B(4)(c) and (5)(b)(ii), a prescribed category of person is any of the following—

(a) an institution which provides further education or a work-based learning provider where either has accepted the relevant individual for funded education; or

(b) persons conducting research into the educational achievements of children and who require individual information for that purpose.

(2) In this paragraph “the relevant individual” means the individual who is the subject of the individual information.