2017 No. 886 (W. 214)
The Education (Student Information) (Wales) Regulations 2017
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers, in exercise of the powers conferred by section 253A(2) and (3) and section 262(3) of the Apprenticeships, Skills, Children and Learning Act 20091, make the following Regulations:
Title, commencement and application1
1
The title of these Regulations is the Education (Student Information) (Wales) Regulations 2017.
2
These Regulations come into force on 6 October 2017 and apply in relation to Wales.
Interpretation2
In these Regulations—
“the 2009 Act” (“Deddf 2009”) means the Apprenticeships, Skills, Children and Learning Act 2009;
“the 2015 Act” (“Deddf 2015”) means the Qualifications Wales Act 20152;
“learning provider” (“darparwr dysgu”) means a person providing education or training developed to meet the needs of a person aged 16 and above for which funding is received from the Welsh Ministers;
“specified qualification” (“cymhwyster penodedig”) means a relevant qualification that at the date of a person’s entry for that qualification—
- a
was approved under section 99 of the Learning and Skills Act 20003 for the purposes of section 96 of that Act;
- b
is approved under Part 4 of the 2015 Act;
- c
is designated under section 29 of the 2015 Act; or
- d
is one that leads from a course of education or training designated by the Welsh Ministers by virtue of section 34(8) of the 2015 Act.
- a
Prescribed circumstances
3
Regulation 5 prescribes the circumstances for the purposes of section 253A(2) of the 2009 Act where the Welsh Ministers or an information collator may provide student information.
4
Regulations 6 and 7 prescribe the circumstances for the purposes of section 253A(2) of the 2009 Act where a person other than the Welsh Ministers or an information collator may provide student information.
5
The circumstances referred to in regulation 3 are that the information relates to an individual who is or was enrolled or registered with a learning provider for the purpose of obtaining a specified qualification.
6
The circumstances referred to in regulation 4 where the information is to be provided to the Welsh Ministers or an information collator are—
a
the information relates to an individual who is or was enrolled or registered with a learning provider for the purpose of obtaining a specified qualification; and
b
the Welsh Ministers or the information collator has requested that information.
7
The circumstances referred to in regulation 4 where the information is to be provided to a prescribed person or a prescribed category of person are—
a
the information relates to an individual who is or was enrolled or registered with a learning provider for the purpose of obtaining a specified qualification; and
b
the individual to whom the information relates—
i
is or was enrolled or registered with the person providing the information; or
ii
is or has undertaken education or training with the person providing the information.
Prescribed student information8
The description of student information specified in Schedule 1 is prescribed for the purposes of section 253A(2) of the 2009 Act.
Prescribed persons and prescribed categories of persons9
1
The persons in Part 1 of Schedule 2 are prescribed for the purposes of section 253A(2)(c) of the 2009 Act.
2
The categories of persons in Part 2 of Schedule 2 are prescribed for the purposes of section 253A(2)(d) of the 2009 Act.
SCHEDULE 1Prescribed student information
1
For each individual who is seeking, has sought or has obtained a specified qualification, the following information—
a
surname;
b
first name, or if more than one, each first name;
c
gender;
d
date of birth;
e
ethnic group;
f
home address and postcode;
g
the unique learner number allocated to an individual by the Learning Records Service4;
h
the relevant qualifications or regulated qualifications, if any, held by the individual on enrolling or registering with the learning provider for the purpose of obtaining a specified qualification;
i
the date on which the individual registered or enrolled with a learning provider for the purpose of obtaining a specified qualification.
2
The name and address of the learning provider with whom the individual is or was registered or enrolled.
3
For every specified qualification for which an individual is seeking, has sought or has obtained the—
a
name of the qualification;
b
unique identification code allocated to the qualification by Qualifications Wales5;
c
grade that a learning provider or an information collator predicts an individual to achieve before taking any examination or assessment leading to the qualification;
d
grade, if any, achieved;
e
name and address of the examination centre and examination centre number allocated by the person awarding the qualification at which any examination or assessment leading to the qualification was taken;
f
date on which an individual was entered for an examination or assessment leading to the qualification;
g
date the award of a qualification was made;
h
unique number allocated to an individual seeking the qualification by the person awarding the qualification.
SCHEDULE 2Prescribed persons and prescribed categories of persons
PART 1Prescribed persons
Joint Council for Qualifications6
Her Majesty’s Chief Inspector of Education and Training in Wales7
Career Choices Dewis Gyrfa Limited (company registration number 07442837)
The Higher Education Funding Council for Wales8
The Higher Education Funding Council for England9
Qualifications Wales
The Secretary of State
The Office of Qualifications and Examinations Regulation10
The Universities and Colleges Admissions Service (company registration number 02839815)
Student Loans Company Limited (company registration number 02401034)
The Higher Education Statistics Agency Limited (company registration number 02766993)
PART 2Prescribed categories of persons
Learning provider
Persons who, for the purpose of promoting the education or well-being of students in Wales are—
a
conducting research or analysis;
b
producing statistics;
c
providing information, advice or guidance;
and who require student information for that purpose.
(This note is not part of the Regulations)