2017 No. 940 (W. 233)
The Education (Supply of Information about the School Workforce) (Wales) Regulations 2017
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers in exercise of the powers conferred on the National Assembly for Wales by sections 114(1)(c), (2)(c), (3), (6) and (8) and 120(2) of the Education Act 20051, and now exercisable by them make the following Regulations:
Title, commencement and application1
1
The title of these Regulations is the Education (Supply of Information about the School Workforce) (Wales) Regulations 2017.
2
These Regulations come into force on 31 October 2017.
3
These Regulations apply in relation to maintained schools and local authorities in Wales.
Interpretation2
1
In these Regulations—
“the 1996 Act” (“Deddf 1996”) means the Education Act 19962;
“the 2002 Act” (“Deddf 2002”) means the Education Act 20023;
“the 2005 Act” (“Deddf 2005”) means the Education Act 2005;
“the 2014 Act” (“Deddf 2014”) means the Education (Wales) Act 20144;
“the administrator of the Teacher’s Pension Scheme” (“gweinyddwr y Cynllun Pensiwn Athrawon”) means the person exercising, in pursuance of Article 3 of the Contracting Out (Administration of the Teacher’s Pension Scheme) Order 20035, the functions set out in that Order;
“areas of learning” (“meysydd dysgu”) means the areas of learning set out in an order made under section 108(2)(a) of the 2002 Act6;
“census date” (“dyddiad y cyfrifiad”) means the date specified in a request for information made under these Regulations;
“census period” (“cyfnod y cyfrifiad”) means the period specified in a request for information made under these Regulations;
“the Council” (“y Cyngor”) means the Education Workforce Council continued in existence by section 2 of the 2014 Act;
“the Document” (“y Ddogfen”) means a document by reference to which provision for the remuneration and other conditions of employment of school teachers is made in an order made by the Secretary of State under section 122 of the 2002 Act;
“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 (b) to (d) of section 103(1) of the 2002 Act;
“local authority” (“awdurdod lleol”) means the local authority that maintains the school;
“PLASC census” (“cyfrifiad CYBLD”) means the pupil level annual school census completed by local authorities in respect of schools in their area and submitted to the Welsh Ministers on an annual basis pursuant to section 29 of the 1996 Act;
“qualified teacher” (“athro cymwysedig neu athrawes gymwysedig”) means a teacher who is qualified in accordance with section 132 of the 2002 Act;
“registered person” (“person cofrestredig”) means a person registered in the register kept by the Council under section 9 of the 2014 Act;
“school teacher” (“athro neu athrawes ysgol”) has the meaning given to it in Table 1 in paragraph 1 of Schedule 2 to the 2014 Act;
“subjects” (“pynciau”) means the subjects set out in section 105(2) and (3) and section 106(2) and (3) of the 2002 Act;
“working day” (“diwrnod gwaith”) means any day other than a Saturday, a Sunday or a day which is a bank holiday within the meaning of section 1 of the Banking and Financial Dealings Act 19717 or other public holiday.
Persons about whom information may be supplied3
a
who on the census date is employed or otherwise engaged to work at the school; or
b
during all or part of the census period—
i
is or has been employed or otherwise engaged to work at the school for at least 28 working days (“the Period”); or
ii
will have completed the Period by the end of their contract.
Persons to whom a school proprietor or a local authority may be required to supply information4
For the purposes of section 114(2)(c) of the 2005 Act, a local authority is a prescribed person.
Provision of information to local authorities by schools maintained by them5
On receiving a request from a local authority, the proprietor10 of that school must provide to that local authority such of the information set out in the Schedule as is requested in relation to—
a
a qualifying worker; or
b
a qualifying trainee.
Provision of information by local authorities to the Welsh Ministers6
Within 27 working days of receiving a request from the Welsh Ministers, a local authority must provide the Welsh Ministers with any information—
a
supplied to that local authority under regulation 5; or
b
set out in the Schedule as is so requested in relation to—
i
a qualifying worker; or
ii
a qualifying trainee.
Persons to whom the Welsh Ministers may supply information for qualifying purposes7
1
For the purposes of section 114(3) of the 2005 Act, the following are prescribed persons—
a
Her Majesty’s Chief Inspector of Education and Training in Wales;
b
the Secretary of State;
c
the administrator of the Teacher’s Pension Scheme;
d
a local authority in Wales;
e
the Council;
f
the proprietor of a school in Wales;
g
the office of manpower economics11; and
h
persons conducting research relating to qualifying workers or qualifying trainees which may be expected to be of public benefit.
2
The Welsh Ministers may provide such of the information referred to in the Schedule in respect of persons who are or have been qualifying workers or qualifying trainees to any person prescribed in paragraph (1).
Supply by the Welsh Ministers of information to persons who lawfully held or could have required the supply of that information8
1
For the purposes of section 114(6) of the 2005 Act, the following are prescribed persons—
a
a local authority in Wales;
b
the proprietor of the school at which—
i
the qualifying worker works or is due to start working;
ii
the qualifying trainee is training or is due to start training; and
c
Her Majesty’s Chief Inspector of Education and Training in Wales.
2
The Welsh Ministers may provide any information in respect of persons who are or have been qualifying workers or qualifying trainees to any person prescribed in paragraph (1).
Prohibition on further disclosure9
No person to whom information is supplied by virtue of these Regulations may further disclose that information other than pursuant to an order of the court, an enactment or rule of law.
SCHEDULEProvision of Information by Schools and Local Authorities
1
The person’s—
a
gender;
b
date of birth;
c
national insurance number;
d
full name;
e
ethnic group (if known);
f
whether the person has a disability within the meaning of section 6(1) of the Equality Act 201012 (if known); and
g
official reference number assigned by the Council, where such a number is held13.
2
The post held by the person and the role or roles the person carries out.
3
Whether the person has met the standards required for higher level teaching assistants published by the Welsh Ministers from time to time14.
4
In respect of the contract of employment or contract for services—
a
whether the person is engaged under a contract of employment or a contract for services (“the Contract”);
b
the date when that Contract started;
c
the hours and weeks (if any) stipulated in the Contract that must be worked; and
d
where applicable, the date on which that Contract ended or is due to end.
5
Where the person has been engaged on a contract of employment or a contract for services since the previous census date or end of the previous census period, details of that person’s employment or otherwise immediately prior to that start, if known.
6
Where the person was or is employed or engaged to work in a period of continuous employment, the date that period started.
7
The person’s remuneration including, where applicable—
a
the annual salary;
b
the pay range15 applicable to that person;
c
the position of the annual salary on any applicable pay range;
d
whether any part of the annual salary is safeguarded within the meaning of Part 5 of the Document;
e
whether a daily rate of pay is payable16; and
f
any additional payments17 as provided for by—
i
the Document; or
ii
a code which conveys that information.
8
In relation to the teaching carried out by the person (“P”)—
a
the areas of learning or subjects taught by P;
b
whether P teaches the foundation phase;
c
whether P teaches the key stages and if so which key stages;
d
whether P teaches areas of learning or subjects through the medium of Welsh other than the Welsh language development area of learning or the subject of Welsh;
e
the national curriculum school year P teaches;
f
the name given to the primary school class by the head teacher for the purpose of identifying that class and which is included in the PLASC census and which class is taught by P; and
g
the amount of tuition P has provided or is expected to provide in the classroom during the period of 7 days starting on the Monday immediately prior to the census date.
9
Where the person is absent on the census date, the fact of that absence.
10
In respect of each occasion on which a person was absent from work at any time during the census period or on the census date—
a
the reason for the absence; and
b
for that period of absence, the first and, where applicable, the last day in which the person was absent and the number of working days lost.
11
Where the person’s (“P”) contract of employment or contract for services was terminated during the census period—
a
the reason for that termination;
b
if known, whether P has secured further employment, and if so, its location and type;
c
the national curriculum school years taught by P during that census period; and
d
if known, the number of years teaching experience since becoming a qualified teacher gained by P at the time P’s post was terminated.
12
Whether or not the person is able to teach through the medium of Welsh.
13
The level of a person’s Welsh language skills.
14
In respect of each vacancy for teaching staff at the school which has been advertised during the census period—
a
whether the vacant post has been filled;
b
if the vacant post has been filled, the date a person was appointed to the post;
c
if the vacant post has not been filled the reason for it not being filled;
d
the job title for the vacant post;
e
the areas of learning a successful applicant will be required to teach;
f
the subjects a successful applicant will be required to teach;
g
the key stages the successful applicant will be required to teach;
h
the national curriculum school year the successful applicant will be required to teach;
i
whether the vacant post requires the ability to teach through the medium of Welsh;
j
the number of applications for the vacant post received; and
k
the date the vacant post was first advertised.
(This note is not part of the Regulations)