Statutory Instrument 1995 No. 2065

The Education (Further Education Institutions Information) (England) Regulations 1995

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© Crown Copyright 1995

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1995 No. 2065

EDUCATION, ENGLAND AND WALES

The Education (Further Education Institutions Information) (England) Regulations 1995

The Secretary of State for Education and Employment, 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] and by sections 265, 301(6) and 305(1)^[2] of the Education Act 1993^[3] hereby makes the following Regulations:—

Citation, commencement and application
    1.—(1)  These Regulations may be cited as the Education (Further Education Institutions Information) (England) Regulations 1995 and shall come into force on 1st September 1995.

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

Interpretation
    2.—(1)  In these Regulations—

"academic year" means the period from 1st September to the following 31st August;


"the document" has the meaning ascribed to it in regulation 6(2);


"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;


"learning agreement" means a document which sets out the planned learning programme for the student and which is signed on behalf of the institution and by the student;


"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 on the 1st February of the academic year in respect of which the information is published;


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


"GCSE" means General Certificate of Secondary Education;


"GNVQ" means General National Vocational Qualification;


"NVQ" means National Vocational Qualification.

    (2)  In these Regulations references to students of a particular age are references to students who attained that age during the academic year immediately preceding the academic year in respect of which the information is published.

    (3)  For the purposes of these Regulations a student shall be considered to have been entered for an examination if—
 (a) at any time during the academic year in respect of which the information is published he was entered for the examination,
 (b) any examination fee payable was paid, and
 (c) the entry was not subsequently withdrawn.

    (4)  For the purposes of these Regulations a student shall be considered to have been in his final year of studying towards a qualification—
 (a) in a case where there is a learning agreement in relation to that student, if on the 1st February of the academic year to which the information relates, the learning agreement shows a date by which the qualification will be achieved which is not later than the end of that academic year; and
 (b) in any other case, if the governing body of the institution considered, on the 1st February of the academic year to which the information relates, the student to be in his final year.

    (5)  In these Regulations—
 (a) 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;
 (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.

Qualification of duties
    3.    The duties imposed on the governing body or proprietor of an institution by virtue of these Regulations in respect of the publication or distribution of information apply only to the extent that that information is available to the governing body or proprietor before the latest occasion on which the information is required to be published or distributed.

[1] 1992 c. 13. back

[2] See the definitions of "prescribed" and "regulations". back

[3] 1993 c. 35. back

Explanatory Note