The Education (Individual Pupil Information) (Prescribed Persons) (Wales) Regulations 2004

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"key stage" ("cyfnod allweddol") means any of the periods set out in paragraphs (a) to (d) respectively of section 103(1) of the Education Act 2002[4] and a reference to the first, second or third key stage is a reference to the periods set out respectively in paragraphs (a), (b) and (c) of the said section 103(1).

Prescribed persons
     3.  - (1) For the purposes of section 537A(4) of the 1996 Act, the Assembly prescribes as a person to whom it may provide any individual pupil information any person referred to in paragraph (4) below.

    (2) For the purposes of section 537A(5)(b) of the 1996 Act, the Assembly prescribes as a person to whom an information collator may provide individual pupil information  - 

(a) any person referred to in paragraph (5) below; and

(b) any person falling within the category referred to in paragraph (6) below.

    (3) The individual pupil information which an information collator may so provide, at such times as the Assembly may determine, in accordance with section 537A(5)(b) of the 1996 Act, is any such information relating to the educational achievements of pupils in  - 

(a) any National Curriculum assessment of pupils in the first, second or third key stage;

(b) any GCSE subjects;

(c) any GCE "A" level examinations;

(d) any GCE "AS" examinations;

(e) any GNVQ subjects; and

(f) any course of study provided to pupils of compulsory school age in any school maintained by a local education authority which leads to a qualification which is approved by the Assembly or a body designated by the Assembly under section 99 of the Learning and Skills Act 2000[5] (other than a qualification of the kind referred to in sub-paragraph (b) or (e) above).

    (4) The persons referred to in paragraph (1) above are  - 

(a) the Office of Her Majesty's Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru; and

(b) Awdurdod Cymwysterau Cwricwlwm ac Asesu Cymru or the Qualifications, Curriculum and Assessment Authority for Wales.

    (5) The persons referred to in paragraph (2)(a) above are  - 

(a) the local education authority which maintains the school at which the pupil who is the subject of that information is or was registered or, in the case of a school which is not so maintained, the local education authority for the area in which the school is situated, at which the pupil who is the subject of that information is or was registered;

(b) the Office of Her Majesty's Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru; and

(c) Awdurdod Cymwysterau Cwricwlwm ac Asesu Cymru or the Qualifications, Curriculum and Assessment Authority for Wales.

    (6) The category referred to in paragraph (2)(b) above is that of persons conducting research into the educational achievements of pupils and who require individual pupil information for that purpose.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[6].


D. Elis-Thomas
The Presiding Officer of the National Assembly

2nd March 2004

[2] See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back

[3] S.I. 1999/1781.back

[4] 2002 c.32.back

[5] 2000 c.21.back

[6] 1998 c.38.back