The School Information (Wales) Regulations 2011

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the 1996 Act” (“Deddf 1996”) means the Education Act 1996;

“the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998;

“the 2002 Act” (“Deddf 2002”) means the Education Act 2002;

“admission number” (“nifer derbyn”) means the number of pupils in any relevant age group intended to be admitted in any school year as determined by an admission authority in accordance with section 89(1) and 89A(1) of the 1998 Act(1);

“admission school year” (“blwyddyn dderbyn ysgol”) means a school year at the beginning of which pupils are to be admitted to any school in consequence of admission arrangements determined for that year;

“capacity” (“capasiti”) means the number of pupils that may be admitted to a school in accordance with the capacity assessment method set out in the guidance document “Measuring the Capacity of Schools in Wales” published by the Welsh Ministers(2);

“composite prospectus” (“prosbectws cyfansawdd”) means a document published in accordance with regulation 4;

“DEWi” (“Menter Cyfnewid Data Cymru”) means the data exchange Wales initiative database maintained and published by the Welsh Ministers(3);

“foundation phase” (“cyfnod sylfaen”) is to be construed in accordance with section 102 of the 2002 Act;

“key stage” (“cyfnod allweddol”) means any of the periods set out in paragraphs (a) to (d) respectively of section 103(1) of the 2002 Act;

“language category” (“category iaith”) means the category used for defining the type and extent of Welsh medium educational provision made by a maintained school and set out in the “Defining schools according to Welsh medium provision” document published by the Welsh Minister as Circular 023/2007(4);

“looked after children” (“plant sy'n derbyn gofal”) has the meaning given to it in section 22(1) of the Children Act 1989(5);

“maintained school” (“ysgol a gynhelir”) means a community, foundation or voluntary school or a community or foundation special school which is not established in a hospital excluding any nursery school but including, except in Parts 3 and 4 or where otherwise stated, any pupil referral unit;

“non-maintained special school” (“ysgol arbennig nas cynhelir”) means a special school which is not maintained by a local authority and is not established in a hospital;

“PLASC return” (“datganiad CYBLD”) means the pupil level annual school census completed by school governing bodies and submitted to the Welsh Ministers on an annual basis(6);

“previous school year” (“blwyddyn ysgol flaenorol”) means the school year immediately preceding the reporting school year;

“public examinations” (“arholiadau cyhoeddus”) means public examinations which are for the time being prescribed by regulations made under section 408, 451, 453 or 454 of the 1996 Act(7);

“publication school year” (“blwyddyn gyhoeddi ysgol”) means the school year immediately preceding the admission school year;

“reporting school year” (“blwyddyn adrodd ysgol”) means the school year immediately preceding the publication school year;

“school prospectus” (“prosbectws ysgol”) means the document described in regulation 8;

“unauthorised absence” (“absenoldeb anawdurdodedig”) means an occasion on which a pupil is recorded as absent without authority pursuant to the Education (Pupil Registration) (Wales) Regulations 2010(8) and “authorised absence” (“absenoldeb awdurdodedig”) will be construed accordingly; and

“work based learning” (“dysgu seiliedig ar waith”) means a process of planned activities delivered in the workplace which are especially designed for developing the knowledge, skills and competencies relevant to a particular occupation in the labour market, or generally relevant to effective participation in the labour market.

(2) In these Regulations any reference to a date up to which parents may express a preference for a school is a reference to the date on or before which, in accordance with arrangements made by the relevant local authority under section 86(1) of the 1998 Act(9), a parent wishing education to be provided for their child in the exercise of the local authority’s functions should express such a preference.

(3) In these Regulations any reference to a date up to which a child may express a preference for a school at which sixth-form education is to be provided for that child is a reference to the date on or before which, in accordance with arrangements made by the relevant local authority under section 86A(1) of the 1998 Act(10), a child wishing education to be provided for them in the exercise of the local authority’s functions should express such a preference.

(4) In these Regulations, unless the context otherwise requires, references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on 31 August immediately preceding the start of the reporting school year and who were registered pupils at the school on the third Thursday in January in the reporting school year.

(5) In these Regulations, unless otherwise stated, where a percentage which is required to be calculated by virtue of these Regulations is not a whole number it will be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number.

(1)

Section 89A was inserted by section 47(2) of the Education Act 2002. Sub-section (1) was amended by paragraphs 53 and 58(1) and (2) of Part 2 of Schedule 1 to the Education and Skills Act 2008.

(2)

Circular 9/2006.

(3)

The website for DEWi is www.dataexchangewales.org.uk.

(4)

ISBN number 9780750443753.

(5)

1989 c. 41. Section 1 was amended by paragraph 19 of Schedule 5 to the Local Government Act 2000 (c. 22), by section 2(1) and (2) of the Children (Leaving Care) Act 2000 (c. 35) and by section 116(2) of the Adoption and Children Act 2002 (c. 38).

(6)

The information contained by the PLASC census is requested by the Welsh Ministers pursuant to powers contained in section 537A of the Education Act 1996 and the Education (Information about Individual Pupils) (Wales) Regulations 2007 (S.I. 2007/3562 (W.312)).

(7)

As amended by S.I. 2010/1158.

(8)

S.I. 2010/1954 (W.187).

(9)

As amended by S.I. 2010/1158.

(10)

Inserted by section 150 of the Education and Skills Act 2008 (c. 25) and amended by S.I. 2010/1158.