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STATUTORY INSTRUMENTS


2001 No. 4020

EDUCATION, ENGLAND

Education (Information About Individual Pupils) (England) Regulations 2001

  Made 17th December 2001 
  Laid before Parliament 18th December 2001 
  Coming into force 16th January 2002 

In exercise of the powers conferred on the Secretary of State by sections 537A(1) and (2) and 569(4) of the Education Act 1996[1], the Secretary of State for Education and Skills hereby makes the following Regulations:

Citation, commencement and extent
     1.  - (1) These Regulations may be cited as the Education (Information About Individual Pupils) (England) Regulations 2001 and shall come into force on 16th January 2002.

    (2) These Regulations apply only in relation to schools in England.

Interpretation
    
2. In these Regulations - 

Provision of information by schools maintained by local education authorities to their local education authorities
     3. Within fourteen days of receiving a request from the local education authority by which a school is maintained, the governing body of that school shall provide to the authority such of the information referred to in the Schedule to these Regulations as is so requested.

Provision of information by non-maintained special schools, city technology colleges, city colleges for the technology of the arts and city academies to the Secretary of State
    
4. Within fourteen days of receiving a request from the Secretary of State - 

shall provide to the Secretary of State such of the information referred to in the Schedule to these Regulations as is so requested.

Revocation
    
5. The Education (Information About Individual Pupils) (England) Regulations 2000[4] are hereby revoked.


Catherine Ashton
Parliamentary Under Secretary of State, Department for Education and Skills

17th December 2001



THE SCHEDULE
Regulations 3 and 4


PROVISION OF INFORMATION ABOUT INDIVIDUAL PUPILS




PART I

All Pupils

     1. In respect of each pupil on the school's Register on the date specified in the request for information the following information.

     2.  - (1) The pupil's - 

    (2) The postcode of the home where the pupil normally resides.

     3. Whether the pupil is a day or boarding pupil at the school.

     4. Whether, pursuant to section 512(3) and (3A)[
5] of the 1996 Act, the pupil has applied and been found eligible for free school meals.

     5. Where the pupil has special educational needs - 

     6. In the case of a school (other than a special school) which provides primary education - 

     7. In the case of a school (other than a special school) which provides secondary education and where the pupil is aged 16 or over on 31st August preceding the date on which the request for information is made - 

     8. In the case of a special school that is not a special school established in a hospital whether the pupil boards at the school for seven or less nights per week.

     9. In the case of a special school, including a special school established in a hospital - 



PART II

Excluded Pupils

     1. In respect of each pupil permanently excluded from the school and whose permanent exclusion date was in the year ending on 31st August preceding the date on which the request for information is made the following information.

     2. The pupil's - 

     3. Where the pupil has special educational needs at the time of his permanent exclusion from the school, the stage of the five stage scale referred to in "The Code of Practice on the Indentification and Assessment of Special Educational Needs" issued on 25th May 1994 under section 158 of the Education Act 1993[9] which applied to him at the time of his exclusion.



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations revoke and re-enact with modifications the Education (Information About Individual Pupils) (England) Regulations 2000.

Regulation 4 requires the governing body of any maintained school on receiving a written request from the local education authority by which the school is maintained to supply within fourteen days such of the information referred to in the Schedule as may be requested.

Regulation 5 additionally imposes requirements on certain non-maintained schools. The regulation requires the governing body of any non-maintained special school and the proprietor of any city technology college, city college for the technology of the arts or city academy on receiving a written request from the Secretary of State to supply such of the information referred to in the Schedule as may be requested.


Notes:

[1] 1996 c. 56. Section 537A was inserted by the Education Act 1997 (1997 c. 44), section 20, and substituted by the School Standards and Framework Act 1998 (1998 c. 31), section 140(1) and Schedule 30, paragraphs 57 and 153. By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the powers conferred by these sections are exercisable by the Secretary of State in relation to England.back

[2] S.I. 1995/2089.back

[3] Section 337 was substituted by the School Standards and Framework Act 1998 (1998 c. 31), section 140(1) and Schedule 30, paragraphs 57 and 80.back

[4] S.I. 2000/3370.back

[5] Sub-section (3) was amended by the School Standards and Framework Act 1998 (1998 c. 31), section 115(4), and was further amended and divided into subsections (3) and (3A) by the Immigration and Asylum Act 1999 (1999 c. 33), section 169(1) and Schedule 14, paragraph 117.back

[6] ISBN 0 85522 444 4.back

[7] 1993 c. 35.back

[8] ISBN 1 84185 5294.back

[9] 1993 c. 35.back



ISBN 0 11 039272 8


 © Crown copyright 2001

Prepared 8 February 2002


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