The Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Education (Individual Pupil Information) (Prescribed Persons) Regulations 1999.

They prescribe which persons may be provided with “individual pupil information” under section 537A(4), (5) and (6) of the Education Act 1996 (regulation 3). The list of persons and categories of person is substantially the same as in the earlier version of the regulations (the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 1999), although some references have been updated and Becta has been added as an additional person (regulation 3(5)(p)).

These Regulations also prescribe which individual pupil information may be provided by “information collators”. An “information collator” is defined by section 537A(9) to mean “anybody which, for the purposes of or in connection with the functions of the Secretary of State relating to education, is responsible for collating or checking information relating to pupils”. The information which they may provide by virtue of these Regulations is information received as part of the “Schools Census”; the educational achievements of pupils in any National Curriculum assessments at or near the end of the final year of the first, second or third key stage; and the educational achievements of pupils in any external qualification approved under section 98 of the Learning and Skills Act 2000, for the purposes of section 96 of that Act (regulation 3(3)).