The Education (Supply of Information about the School Workforce) (Wales) Regulations 2017

Regulation 5

SCHEDULE E+W Provision of Information by Schools and Local Authorities

1.  The person’s— E+W

(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 2010(1) (if known); and

(g) official reference number assigned by the Council, where such a number is held(2).

Commencement Information

I1 Sch. para. 1 in force at 31.10.2017, see reg. 1(2)

2.  The post held by the person and the role or roles the person carries out. E+W

Commencement Information

I2 Sch. para. 2 in force at 31.10.2017, see reg. 1(2)

3.  Whether the person has met the standards required for higher level teaching assistants published by the Welsh Ministers from time to time(3). E+W

Commencement Information

I3 Sch. para. 3 in force at 31.10.2017, see reg. 1(2)

4.  In respect of the contract of employment or contract for services— E+W

(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.

Commencement Information

I4 Sch. para. 4 in force at 31.10.2017, see reg. 1(2)

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. E+W

Commencement Information

I5 Sch. para. 5 in force at 31.10.2017, see reg. 1(2)

6.  Where the person was or is employed or engaged to work in a period of continuous employment, the date that period started. E+W

Commencement Information

I6 Sch. para. 6 in force at 31.10.2017, see reg. 1(2)

7.  The person’s remuneration including, where applicable— E+W

(a) the annual salary;

(b) the pay range(4) 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 payable(5); and

(f) any additional payments(6) as provided for by—

(i) the Document; or

(ii) a code which conveys that information.

Commencement Information

I7 Sch. para. 7 in force at 31.10.2017, see reg. 1(2)

8.  In relation to the teaching carried out by the person (“P”)— E+W

(a) the areas of learning [F1 and experience] taught by P;

(b) whether P teaches [F2 pupils receiving nursery education or pupils in their reception year, year 1 or year 2];

(c) whether P teaches [F3 pupils in years 3 to 11, and if so, which of those years];

[F4 (d) whether P teaches areas of learning and experience through the medium of Welsh, other than the mandatory element of Welsh;]

F5 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

F1 Words in Sch. para. 8(a) substituted (with effect in accordance with reg. 13(2) of the amending S.I.) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 13(4)(a)(i)

F2 Words in Sch. para. 8(b) substituted (with effect in accordance with reg. 13(2) of the amending S.I.) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 13(4)(a)(ii)

F3 Words in Sch. para. 8(c) substituted (with effect in accordance with reg. 13(2) of the amending S.I.) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 13(4)(a)(iii)

F4 Sch. para. 8(d) substituted (with effect in accordance with reg. 13(2) of the amending S.I.) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 13(4)(a)(iv)

F5 Sch. para. 8(e) omitted (with effect in accordance with reg. 13(2) of the amending S.I.) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 13(4)(a)(v)

Commencement Information

I8 Sch. para. 8 in force at 31.10.2017, see reg. 1(2)

9.  Where the person is absent on the census date, the fact of that absence. E+W

Commencement Information

I9 Sch. para. 9 in force at 31.10.2017, see reg. 1(2)

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— E+W

(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.

Commencement Information

I10 Sch. para. 10 in force at 31.10.2017, see reg. 1(2)

11.  Where the person’s (“P”) contract of employment or contract for services was terminated during the census period— E+W

(a) the reason for that termination;

(b) if known, whether P has secured further employment, and if so, its location and type;

(c) the F6 ...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.

Textual Amendments

F6 Words in Sch. para. 11(c) omitted (with effect in accordance with reg. 13(2) of the amending S.I.) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 13(4)(b)

Commencement Information

I11 Sch. para. 11 in force at 31.10.2017, see reg. 1(2)

12.  Whether or not the person is able to teach through the medium of Welsh. E+W

Commencement Information

I12 Sch. para. 12 in force at 31.10.2017, see reg. 1(2)

13.  The level of a person’s Welsh language skills. E+W

Commencement Information

I13 Sch. para. 13 in force at 31.10.2017, see reg. 1(2)

14.  In respect of each vacancy for teaching staff at the school which has been advertised during the census period— E+W

(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 [F7 and experience] a successful applicant will be required to teach;

F8 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) [F9 which year groups] the successful applicant will be required to teach;

F10 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

F7 Words in Sch. para. 14(e) inserted (with effect in accordance with reg. 13(2) of the amending S.I.) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 13(4)(c)(i)

F8 Sch. para. 14(f) omitted (with effect in accordance with reg. 13(2) of the amending S.I.) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 13(4)(c)(ii)

F9 Words in Sch. para. 14(g) substituted (with effect in accordance with reg. 13(2) of the amending S.I.) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 13(4)(c)(iii)

F10 Sch. para. 14(h) omitted (with effect in accordance with reg. 13(2) of the amending S.I.) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (S.I. 2022/666), regs. 1(2), 13(4)(c)(iv)

Commencement Information

I14 Sch. para. 14 in force at 31.10.2017, see reg. 1(2)

(1)

2010 c. 15.

(2)

The official reference number is assigned to a registered person by the Education Workforce Council and is recorded by the Council in the register by virtue of paragraph 4 of Schedule 2 to the Education Workforce Council (Main Functions) (Wales) Regulations 2015. The register is maintained by the Education Workforce Council in accordance with section 9 of the Education (Wales) Act 2014.

(3)

The current guidance was published in September 2011 and is contained in circular 020/2011 entitled “Revised professional standards for education practitioners in Wales”. A copy of the guidance is available at www.learning.gov.wales.

(4)

For school teachers the current applicable pay ranges are set out in the Document and are the leadership pay range (see section 9 of the Document), main pay range (see section 13 of the Document), upper pay range (see 14 section of the Document), leading practitioner pay range (see section 16 of the Document) or unqualified teacher pay range (section 17 of the Document). In respect of school learning support workers the pay range will be determined by the employer who may be either the local authority which maintains the school, or the governing body of the school where the person works.

(5)

Paragraph 43 of the Document published by the Department for Education in September 2016 states that teachers employed on a day-to-day or other short notice basis must be paid in accordance with the provisions of the Document on a daily basis calculated on the assumption that a full working year consists of 195 days, periods of employment for less than a day being calculated pro rata. The Document is updated by the Secretary of State annually.

(6)

Paragraph 26 of the Document published by the Department for Education in September 2016 makes provision about additional payments.