The Information as to Provision of Education (England) (Amendment) (No.2) Regulations 2013

Statutory Instruments

2013 No. 2149

Education, England

The Information as to Provision of Education (England) (Amendment) (No.2) Regulations 2013

Made

28th August 2013

Laid before Parliament

5th September 2013

Coming into force

1st January 2014

The Secretary of State for Education in exercise of the powers conferred by sections 29(3) and 569(4) of the Education Act 1996(1) makes the following Regulations:

Citation and Commencement

1.  These Regulations may be cited as the Information as to Provision of Education (England) (Amendment) (No.2) Regulations 2013 and come into force on 1st January 2014.

Amendment of the Information as to Provision of Education (England) Regulations 2008

2.  The Information as to Provision of Education (England) Regulations 2008(2) are amended as set out in regulations 3 to 5.

Amendment of regulation 3

3.  In regulation 3, after the definition of “district” insert—

““national offer date” means the date prescribed for the purposes of section 88M(4)(b) of the School Standards and Framework Act 1998(3),”.

Amendment of regulation 5

4.  In regulation 5, for paragraph (1), substitute—

“(1) An authority must provide the Secretary of State each year with a report containing the information specified in Schedule 2 in relation to the admission of pupils living in the area of the authority to—

(a) primary schools, and

(b) secondary schools.

(1) (a) The information in each report provided under paragraph (1) must be correct as at the national offer date for primary schools and secondary schools as the case may be and each report must be provided to the Secretary of State no later than five working days after the relevant national offer date.”.

Substitution of Schedule 2

5.  For Schedule 2, substitute—

Regulation 5

“SCHEDULE 2 INFORMATION TO BE CONTAINED IN REPORTS TO THE SECRETARY OF STATE

1.   The local authority number for the authority.

2.   The name of the authority.

3.   The date of the report.

4.   The sum of the admission numbers of all primary schools and secondary schools in the area of the authority.

5.   For each child living in the area of the authority in respect of whom an application or an offer is made, the following information—

(a) surname,

(b) first name,

(c) middle name (if any),

(d) unique pupil number (if any),

(e) date of birth,

(f) gender,

(g) home address,

(h) the entry year applied for.

6.   In respect of any application made by a home applicant, whether such an application was received via the authority’s web-site.

7.   In respect of every preference for a school expressed by a home applicant in their application, the following information—

(a) its rank in relation to any other preference expressed in their application by the home applicant,

(b) the local authority number for the authority in whose area the school is located,

(c) the departmental establishment number for that school.

8.   In respect of any offer made in respect of a child living in the area of the authority, the following information—

(a) whether an application was made,

(b) whether the offer corresponds with any preference expressed by the home applicant in their application,

(c) the local authority number for the authority in whose area the school for which the offer is made is located,

(d) the departmental establishment number for the school for which the offer is made.

9.   In this Schedule—

“departmental establishment number” means the identification number allocated to the school by the Department for Education;

“home applicant” means the parent of a child living in the area of the authority; and

“local authority number” means the identification number allocated to the authority by the Department for Education.”.

David Laws

Minister of State for Schools

Department for Education

28th August 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Information as to Provision of Education (England) Regulations 2008 (S.I. 2008/4) which prescribe the information that local authorities are required each year to provide to the Secretary of State in relation to the provision of primary and secondary education in their area.

These Regulations amend the requirement for local authorities to provide information on the total numbers of applications made, preferences expressed and offers made for school places in respect of children living in their area, to a requirement that local authorities provide this information in respect of each individual child. They extend the requirement that local authorities provide this information for secondary schools to include the same information about places in primary schools, and to coincide with the Primary National Offer Day on 16 April. Local authorities are required to provide this information no later than five working days after the relevant National Offer Day.

An impact assessment has not been produced for this instrument as it has no impact on businesses and civil society organisations.

(1)

1996 c.56. See section 579(1) for the definitions of “prescribed” and “regulations”. Section 29(3) is amended by paragraph 67 of Schedule 30, and Schedule 31, to the School Standards and Framework Act 1998 (c.31) and S.I. 2010/1158.

(2)

S.I. 2008/4. Relevant amending instruments are S.I. 2008/3089, S.I. 2011/1438, S.I. 2012/1554 and S.I. 2013/1255. There are other amendments not relevant to these Regulations.

(3)

Section 88M was inserted by section 151 of the Education and Skills Act 2008 (c.25) and is amended by S.I. 2010/1158. The date is prescribed in the School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012, S.I. 2012/8.