Statutory Instrument 1993 No.2194

The Education (School Performance Information) (Wales) Regulations 1993

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© Crown Copyright 1993

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1993 No.2194

EDUCATION, ENGLAND AND WALES

The Education (School Performance Information) (Wales) Regulations 1993

In exercise of the powers conferred on the Secretary of State by Sections 22 and 232(5) and (6) of the Education Reform Act 1988^[1], and Sections 16 and 19(3) of the Education (Schools) Act 1992^[2], and after consulting with those persons with whom consultation appeared to him to be desirable, 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 (School Performance Information) (Wales) Regulations 1993 and shall come into force on 4th October 1993.

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

Revocation
    2.    The Education (School Performance Information) (Wales) Regulations 1992^[3] are revoked.

Interpretation
    3.—(1)  In these Regulations, except where the context otherwise requires—

"the 1988 Act" means the Education Reform Act 1988;


"CoE" means Certificate of Education;


"Corresponding local figure" means the mean figure for all maintained schools providing secondary education, other than special schools established in hospitals, in the area of the relevant authority;


"Corresponding national figure" means the mean figure of all maintained schools and independent schools in Wales providing secondary education, other than special schools established in hospitals;


"the Document" means the Document published by the Secretary of State containing information provided in accordance with regulations 7 and 8 of these Regulations for the area of each local education authority in Wales;


"GCE ‘A’ level examinations" and "GCE ‘AS’ level examinations" mean General Certificate of Education advanced level and advanced supplementary examinations respectively;


"GCSE" means General Certificate of Secondary Education;


"Independent school" means any school at which full time education is provided for five or more pupils over the age of 14 (whether or not such education is also provided for pupils under that age) not being a school maintained by a local education authority, a grant-maintained school or a special school not maintained by a local education authority;


"Maintained secondary school" means—
 (a) any county or voluntary secondary school;
 (b) any maintained special school which is not established in a hospital and which provides secondary education; and
 (c) any grant-maintained secondary school;


"previous school year" means the school year immediately preceding the reporting school year;


"public examination" means a public examination which is for the time being prescribed by regulations under section 106 of the 1988 Act^[4];


"relevant authority" in relation to a maintained school, means the local education authority which maintains the school and, in relation to a grant-maintained school or independent school, means the local authority in whose area the school is situated;


"reporting school year" means the school year immediately preceding the school year in which information is required to be provided to the Secretary of State pursuant to regulations 7 and 8;


"Schools' Census enumeration date" means the date on which the Secretary of State requires information relating to the school pursuant to Section 92 of the Education Act 1944^[5].

    (2)  In these Regulations, unless the context otherwise requires, a reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, any reference to a numbered paragraph is to the paragraph of that regulation bearing that number, any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph and any reference to a Schedule is to a Schedule to these Regulations.

    (3)  In regulation 10 the reference to the date by which parents may express a preference for a school is a reference to the date by which, in accordance with arrangements made by the relevant authority under section 6(1) of the Education Act 1980^[6], a parent wishing education to be provided for his child in the exercise of the authority's functions should express such a preference.

    (4)  In Part III of Schedule 1 the selected subject areas at GCSE level are those which are based upon the classification of the School Examinations and Assessment Council (SEAC).

    (5)  In these Regulations, unless the context otherwise requires, a reference to publication by the governing body of a school includes a reference to publication on behalf of the governors by the relevant authority by virtue of section 8(6) of the Education Act 1980^[7].

    (6)  In these Regulations references to pupils of a specified age registered at a school are references to pupils who were of that age on the 31st August immediately preceding the commencement of the reporting school year and who were pupils registered at the school on the Schools' Census enumeration date in the reporting school year.

    (7)  In these Regulations references to public examinations for which pupils registered at the school were entered include references to examinations for which they were entered otherwise than in pursuance of section 117 of the 1988 Act.

    (8)  In these Regulations references to key stages are references to the periods set out in section 3(3) of the 1988 Act.

    (9)  For the purposes of these Regulations any public examination for which a pupil aged 15 during the reporting school year was entered during any previous year after 1990 shall be treated as such an examination for which the pupil was entered during the reporting school year.

    (10)  For the purposes of these Regulations references to public examinations for which pupils aged 16, 17 or 18 were entered in the reporting school year are references to those examinations the results of which are given in the August at the end of the reporting school year.

    (11)  Where a percentage which is required to be calculated by virtue of these Regulations 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.

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

    (2)  In the case of the results of examinations for pupils aged 15, 16, 17 or 18 the subjects shall be placed in alphabetical order and shall be shown separately for male pupils, female pupils and all pupils.

    (3)  If a pupil has been entered for two or more examinations in the same subject in the same school year, or in different school years which are treated as the same school year by virtue of regulation 3(9), only the examination in which the higher or highest grade was achieved shall be taken into account.

    (4)  In the case of an examination leading to the award of the GCSE in two subjects, a pupil shall be included only once in the number of pupils entered for the examination and taken into account only once in calculating the relevant percentage but each grade awarded shall be treated as having been awarded in a separate subject.

    (5)  For GCE ‘A’ level or GCE ‘AS’ level examinations the following grades equate to the following points, namely:

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 head teachers, governors and a local education authority by virtue of these Regulations in respect of the provision or publication of information apply only to the extent that information is available to the head teachers, governors or the local education authority before the latest occasion on which the information is required to be provided or published, as the case may be.

[1] 1988 c. 40. Section 22 as amended by paragraph 6 of Schedule 4 to the Education (Schools) Act 1992. For matters to be prescribed, see section 235(7) of the 1988 Act and section 114(1) of the Education Act 1944 (c. 31) and for the transfer of functions to the Secretary of State see S.I. 1964/490, S.I. 1970/1536 and S.I. 1978/274. back

[2] 1992 c. 38. back

[3] S.I. 1992/2274. back

[4] The current regulations are the Education (Prescribed Public Examination) Regulations 1989 (S.I. 1989/377). back

[5] 1944 c. 31. back

[6] 1980 c. 20. back

[7] Section 8(6) as amended by paragraph 4 of Schedule 4 to the Education (Schools) Act 1992. back

Explanatory Note