Statutory Instruments
Education, England
Made
16th June 2020
Laid before Parliament
18th June 2020
Coming into force
9th July 2020
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 408, 563 and 569(4) of the Education Act 1996(1).
The Secretary of State has consulted those persons with whom consultation appeared to the Secretary of State to be desirable in accordance with section 408(5) of that Act.
1. These Regulations may be cited as the Education (Pupil Information) (England) (Coronavirus) (Amendment) Regulations 2020 and come into force on 9th July 2020.
2.—(1) Schedule 1 to the Education (Pupil Information) (England) Regulations 2005 (Information to be included in the head teacher’s annual report)(2) is amended as follows.
(2) In paragraph 1—
(a)for paragraph (d) substitute—
“(d)attendance record, except where–
(i)the attendance record relates to the school year 2019/20(3);
(ii)the pupil is in the reception year; or
(iii)the pupil is in year 12 or 13 and is no longer of compulsory school age;”; and
(b)at the beginning of paragraph (g), insert “unless that year is the school year 2019/20,”.
(3) In paragraph 2—
(a)in sub-paragraph (1), after the words “key stages specified” insert “unless that report is prepared in the school year 2019/20”; and
(b)in sub-paragraph (2), after the words “information must” insert “unless that report is prepared in the school year 2019/20”.
(4) In paragraph 3, in the definition of “comparative information”, at the end insert “unless the preceding school year is the school year 2019/20, in which case for the school year 2018/19.”.
Nick Gibb
Minister of State
Department for Education
16th June 2020
(This note is not part of the Regulations)
These Regulations amend Schedule 1 to the Education (Pupil Information) (England) Regulations 2005 (“Schedule 1”), which requires head teachers of maintained schools to provide an annual report to parents and adult pupils in respect of every registered pupil at the school, in light of changes to pupil attendance and the cancellation of assessments due to the coronavirus pandemic.
Regulation 2(2)(a) amends paragraph 1(d) of Schedule 1 so as to exclude attendance information relating to the school year 2019/20 from the requirement to provide an attendance record in the head teacher’s annual report.
Regulation 2(2)(b) amends paragraph 1(g) of Schedule 1 so as to remove the requirement to provide assessment information in annual reports in relation to assessments taken in the 2019/20 school year.
Regulation 2(3) amends paragraph 2 of that Schedule to remove the requirement to include information in annual reports produced at the end of Key Stage 1 and Key Stage 2 about assessments taken during those Key Stages where the head teacher’s annual report is prepared in the school year 2019/20.
Regulation 2(4) makes a consequential amendment to the definition of “comparative information” in paragraph 3 of Schedule 1 in light of the fact that no assessments at Key Stage 1 and Key Stage 2 will have taken place in the school year 2019/20.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.
An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.
1996 c. 56. Section 408 was amended in relation to England by paragraph 30 of Schedule 7, and Schedule 8, to the Education Act 1997 (c. 44); paragraph 106 of Schedule 30, and Schedule 31, to the Schools Standards and Framework Act 1998 (c. 31); paragraphs 1 and 57 of Schedule 9 to the Learning and Skills Act 2000 (c. 21); paragraph 46 of Schedule 21, and Schedule 22, to the Education Act 2002 (c. 32); paragraphs 9 and 11 of Schedule 12 and Part 7 of Schedule 16 to the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22); paragraphs 5 and 7 of Schedule 8 to the Education Act 2011 (c. 21) and S.I. 2010/1158. Section 563 was amended by paragraph 172 of Schedule 30, and Schedule 31, to the School Standards and Framework Act 1998 and S.I. 2010/1158.
S.I. 2005/1437. Schedule 1 is amended by S.I. 2007/3224, S.I. 2008/1747, S.I. 2010/1836, S.I. 2013/3212, S.I. 2015/902 and S.I. 2018/688.
School year is defined by section 579(1) of the Education Act 1996.