Statutory Instrument 1993 No. 2169

The Education (Further Education Institutions Information) (Wales) Regulations 1993

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© Crown Copyright 1993

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1993 No. 2169

EDUCATION, ENGLAND AND WALES

The Education (Further Education Institutions Information) (Wales) Regulations 1993

In exercise of the powers conferred on the Secretary of State by sections 50 and 89(4) of the Further and Higher Education Act 1992^[1], the Secretary of State for Wales hereby makes the following Regulations:

Citation, commencement and application
    1.—(1)  These Regulations may be cited as the Education (Further Education Institutions Information) (Wales) Regulations 1993 and shall come into force on 5th October 1993.

    (2)  These Regulations apply in relation to institutions in Wales only.

Interpretation
    2.—(1)  In these Regulations-
"the 1992 Act" means the Further and Higher Education Act 1992;
"academic year" means-
 (a) in relation to a course which is not a vocational course, a period of 12 months ending on 31st July; or
 (b) in relation to a vocational course, a period of 12 months corresponding to the final year of the course (or, in the case of a course not exceeding one year in length, corresponding to the length of the course);


"enrolled on a course" means entered in the records of an institution as a student taking that course, but where two institutions have so entered a student in respect of the same course he shall be considered to be enrolled at the institution which has undertaken to him to provide the course and not to be enrolled at the institution which has undertaken to the other institution to provide the course;
"examination", in relation to any vocational course, includes any method by means of which students are assessed for the purpose of determining their achievements in the vocational course;
"full-time student" in relation to any examination or qualification means a student who was enrolled on a course leading to that examination or qualification at the institution in respect of which the information is published at any time during the reporting year if the course was-
 (a) a full-time course; or
 (b) a course which was part of a full-time course of studies at that institution;


"GCE ‘A’ level" and "‘AS’ level" mean General Certificate of Education advanced level and advanced supplementary level respectively;
"GCSE" means General Certificate of Secondary Education;
"GNVQ" means a vocational qualification accredited (whether conditionally or finally) by the NCVQ as a General National Vocational Qualification;
"institution" means an institution within the further education sector as defined by section 91(3) of the 1992 Act, but excluding any institution listed in Schedule 1 hereto;
"library" means a library administered by a library authority within the meaning of the Public Libraries and Museums Act 1964^[2];
"maintained secondary school" means a secondary school (other than a special school established in a hospital) which is maintained by a local education authority or which is a grant-maintained school;
"the NCVQ" means the National Council for Vocational Qualifications;
"NVQ" means a vocational qualification accredited (whether conditionally or finally) by the NCVQ as a National Vocational Qualification;
"part-time student", in relation to any examination or qualification, means a student who was enrolled on a course leading to that examination or qualification at the institution in respect of which the information is published at any time during the reporting year but who was not a full-time student in relation to that examination or qualification;
"relevant date" means-
 (a) where the academic year ends at any time during the period of five months beginning on 1st August, the 1st December in the calendar year beginning next after the end of the reporting year; or
 (b) in any other case, the 1st December in the academic year immediately following the reporting year;


"reporting year" means-
 (a) except in a case to which paragraph (b) below applies, the academic year immediately preceding the one in which the last date by which particulars are required to be published under regulation 3 falls; or
 (b) in any case where an academic year ends during the period of five months beginning on the 1st August, the academic year immediately preceding the one which would have been the reporting year had paragraph (a) above applied in such a case;


"training" means training given under arrangements made by the Secretary of State pursuant to section 2(1) of the Employment and Training Act 1973^[3];
"unemployed" means in receipt of unemployment benefit under the Social Security Contributions and Benefits Act 1992^[4];
"vocational course" means a course which is, or falls within a class, for the time being approved by the Secretary of State pursuant to sub-paragraph (a) of Schedule 2 to the 1992 Act^[5];
"vocational qualification" means the qualification which will be awarded to a student in the final year of a vocational course if he is successful in his examinations.

    (2)  In these Regulations, references to students aged 19 years or over are references to students who, on the 31st August in the reporting year, had attained the age of 19 years.

    (3)  In these Regulations references, in relation to a specified number of GCE "A" levels, to the GCE "A"/ "AS" level equivalent, are references to a number of GCE "AS" levels or GCE "A" and "AS" levels (in any combination) equal to the number of GCE "A" levels so specified, a GCE "AS" level being counted as half of one GCE "A" level for this purpose.

    (4)  For the purposes of these Regulations, a student shall be taken to have been entered for an examination if he has been entered for that examination, any fees have been paid and the entry has not subsequently been withdrawn.

    (5)  In these Regulations, references to students within the 16 to 18 age range are references to students who, on the 31st August in the reporting year, had attained the age of 16 years but not the age of 19 years.

    (6)  References in these Regulations to a "Form" followed by a specified number are references to the Form in Schedule 4 bearing that number or a form to the like effect.

    (7)  References in these Regulations, in relation to vocational qualifications, to NVQ or GNVQ levels, are references to levels of NVQs or GNVQs, as the case may be, according to the grading given to the qualification by the NCVQ (whether conditionally or finally) as recorded in the National Database of Vocational Qualifications^[6] maintained by the NCVQ.

    (8)  In these Regulations, references to persons receiving education (without qualification) are references to any of the following-
 (a) persons who are registered pupils at any school;
 (b) persons receiving further education; and
 (c) persons receiving higher education;
and references to persons receiving further education, and to persons receiving higher education, are references, respectively, to persons pursuing a course of further education of a description mentioned in Schedule 2 to the 1992 Act, or to persons pursuing a course of higher education within the meaning of section 120(1) of the Education Reform Act 1988^[7].

    (9)  References in these Regulations to employment, include references to-
 (a) self-employment; and
 (b) part-time employment (but excluding, in the case of persons receiving education, holiday work between periods of study).

    (10)  In these Regulations-
 (a) where a percentage which is required to be calculated is not a whole number it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number; and
 (b) where an average point score which is required to be calculated by virtue of these Regulations is not a whole number, it shall be calculated to one decimal place.

    (11)  In these Regulations, unless the context otherwise requires, any reference to a regulation or a Schedule, is a reference to a regulation contained herein or a Schedule hereto; and any reference in a regulation or a Schedule to a paragraph is to a paragraph of that regulation or Schedule, and a reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph.

Publication of information about students
    3.—(1)  Subject to regulations 4 and 5, the governing body of every institution shall publish, in respect of their institution, within the period of four weeks ending on 1st January 1994, and within the same period ending on the 1st January in each subsequent year, the particulars specified in Schedules 2 and 3.

    (2)  Each of the particulars specified in those Schedules shall be published by the governing body making them available, in the form specified in the Schedule in relation to the particulars in question, for inspection by any person at all reasonable times at-
 (a) the institution concerned; and
 (b) at least one library in the area of the institution;
and by their furnishing a copy thereof to the Secretary of State or the governing body of every maintained secondary school within the county in which the institution is situated and, subject to paragraph (3) below, any other person requesting them.

    (3)  Where any person (other than the Secretary of State or the governing body of a maintained secondary school within the county in which the institution is situated) requests a copy of some (but not all) of the particulars specified in those Schedules, the governing body of the institution shall only be required to furnish copies of those particulars which are requested by that person.

Determination of examination particulars
    4.—(1)  The provisions of this regulation have effect for the purpose of determining the particulars referred to in Schedules 2 and 3.

    (2)  If a student has been entered for two or more GCSE, two or more GCE "A" level or two or more GCE "AS" level, examinations in the same subject in the reporting year, his entry and result in the GCSE or, as the case may be, GCE "A" level or GCE "AS" level, examination in which he achieved the lower or lowest grade shall be disregarded.

    (3)  If a student has been entered for both GCSE and GCE "A", or "AS", level examinations in the same subject in the reporting year, and has been successful in both, his entry and result in the GCSE examination shall be disregarded.

    (4)  If a student who has been entered for both GCE "A" level and GCE "AS" level examinations in the same subject in the reporting year, and has been successful in both, his entry and result in the GCE "AS" level examination shall be disregarded.

    (5)  For the purpose of any provision of these Regulations by virtue of which point scores of students, or students of a particular description, in GCE "A"level and GCE "AS" level examinations are required to be determined in order to establish the percentage of such students whose achievements fall within specified ranges of points, the total of the points achieved by each such student in his examinations shall be determined, and shall be so determined as follows:
GCE "A" level: grade A = 10 points; grade B = 8 points; grade C = 6 points; grade D = 4 points; and grade E = 2 points.
GCE "AS" level: grade A = 5 points; grade B = 4 points; grade C = 3 points; grade D = 2 points; and grade E = 1 point.

Qualification of duties
    5.    The duties imposed on governing bodies of institutions by virtue of these Regulations in respect of the publication of any information apply only to the extent to which that information is available to the governing body on or before the relevant date.

[1] 1992 c. 13. back

[2] 1964 c. 75. back

[3] 1973 c. 50. Section 2(1) was substituted by section 25(1) of the Employment Act 1988 (c. 19). back

[4] 1992 c. 4. back

[5] A list of vocational courses approved by the Secretary of State pursuant to Schedule 2 will be provided to institutions within the further education sector by, and may be inspected at, the Training Education and Enterprise Department of the Welsh Office, Companies House, Crown Way, Cardiff CF4 3UT. back

[6] The National Council for Vocational Qualifications' database of Vocational Qualifications may be purchased from its offices at 222 Euston Road, London SW1P 3BT. back

[7] 1988 c. 40. back

Explanatory Note