Citation, commencement and application

1.-(1) These Regulations may be cited as the Education (Information onSchool Examination Results) (England) Regulations 1991 and shall comeinto force-

(a)except for regulations 6(1)(d) and 7(1)(e), on 1st August 1991; and

(b)as respects regulations 6(1)(d) and 7(1)(e), on 1st August 1992.

(2) These Regulations apply in relation to secondary schools in Englandonly.

Interpretation

2.-(1) In these Regulations-

"the 1988 Act" means the Education Reform Act 1988;

"education authority", in relation to a school maintained by a local education authority,means that authority and, in relation to a grant-maintained school,means the authority in whose area the school is situated;

"GCE 'A' level examinations" and"GCE 'AS' examinations" mean General Certificate of Education advanced level and advancedsupplementary examinations respectively;

"GCSE" means General Certificate of Secondary Education;

"maintained secondary school" means-

"prescribed public examination" means a public examination which is for the time being prescribedby regulations made under section 106 of the 1988 Act(3); and

"previous school year" and"reporting school year" have the meanings given to them respectively by regulation 4.

(2) In these Regulations references to year groups 11 and 13 arereferences to the year groups at a school in which the majority ofpupils attain the ages of sixteen and eighteen respectively during theschool year.

(3) Where a percentage which is required to be calculated by virtue ofthese Regulations is not a whole number it shall be rounded to thenearest whole number, the fraction of one half being rounded upwards tothe next whole number.

(4) Particulars to which these Regulations apply may be made availablein the form of data from which the particulars are capable of beingextracted by computer.

(5) For the purposes of these Regulations-

(a)any prescribed public examination for which a pupil in year group 11was entered during any school year preceding the reporting school yearshall be treated as such an examination for which the pupil was enteredduring the reporting school year; and

(b)any prescribed public examination for which a pupil in year group 13was entered during the previous school year shall be treated as such anexamination for which the pupil was entered during the reporting schoolyear.

(6) References in column 2 of the Schedule to these Regulations to GCSENational Criteria are to criteria which are applied by the SchoolExaminations and Assessment Council (being a body designated by theSecretary of State pursuant to section 5(3) of the 1988 Act) indetermining whether to approve a syllabus for the purposes of section5(1)(a) of the 1988 Act(4).

(7) In these Regulations, unless the context otherwise requires, anyreference to a numbered regulation is a reference to the regulationbearing that number in these Regulations, any reference to a numberedparagraph is to the paragraph of that regulation bearing that number,and any reference in a paragraph to a sub-paragraph is a reference to asub-paragraph of that paragraph.

Amendment of the Education (School Information) Regulations 1981

3. The Education (School Information) Regulations 1981(5) shall be amended as follows-

(a)at the beginning of paragraphs (1) and (2) of regulation 4 thereshall be added the words"Subject to regulation 4A";

(b)after regulation 4 there shall be added the followingregulation-

"4A.-(1) This regulation applies where the information relating to prescribedpublic examinations results referred to in paragraph 15(1)(b) ofSchedule 2 ("the public examinations results information") which is published in accordance with subsection (5) of section 8of the Act of 1980 (read with regulations 4 and 6) does not relate toexaminations held in the school year immediately preceding the schoolyear in which the information is published ("the previous school year").

(2) Where this regulation applies the persons referred to in paragraph(1) of regulation 4 shall, as soon as practicable after the publicexaminations results information for the previous school year is madeavailable to them, publish that information as a supplement to theschool prospectus as provided in regulation 6 (disregarding paragraph(2) thereof).";

(c)in paragraph (1) of regulation 6 for the words"regulation 4" there shall be substituted the words"regulations 4 and 4A";

(d)for paragraph 15 of Schedule 2 there shall be substituted thefollowing paragraph-

"15.-(1) In the case of a school in England (including a special school)providing education for pupils in year groups 11 or 13, the followinginformation relating to public examinations, namely-

(a)the policy in respect of entering such pupils for publicexaminations; and

(b)in relation to all prescribed public examinations held in therelevant school year the particulars made available to the governingbody by the head teacher pursuant to regulation 4 of the Education(Information on School Examination Results) (England) Regulations 1991.

(2) In this paragraph-

(a)references to year groups 11 and 13 are references to the yeargroups at a school in which the majority of pupils attain the ages ofsixteen and eighteen respectively during the school year;

(b)references to the relevant school year are to the last school yearfor which the particulars referred to in sub-paragraph (1)(b) of thisparagraph were available at the date specified for the purposes ofregulation 8(2); and

(c)"prescribed public examinations" means public examinations which are for the time being prescribedby regulations made under section 106 of the Education Reform Act 1988."

Provision of school examination results by head teacher

4.-(1) Subject to regulations 12 and 13 the head teacher of everymaintained secondary school, other than a grant-maintained secondaryschool, shall not later than 31st October in each year make available tothe governing body of the school and to the education authority suchparticulars relating to examinations for which pupils at the school wereentered during the reporting school year and the previous school year asare referred to-

(a)in the case of a school providing education for pupils in year group11 or year group 13, in regulation 5;

(b)in the case of a school providing education for pupils in year group11, in regulation 6; and

(c)in the case of a school providing education for pupils in year group13, in regulation 7.

(2) In this regulation and regulations 5 to 7 references to thereporting school year are references to the school year immediatelypreceding the school year in which the relevant 31st October falls andreferences to the previous school year are to the school yearimmediately preceding the reporting school year.

5.-(1) Subject to paragraphs (2) and (3) the particulars in the case of aschool providing education for pupils in year group 11 or 13 referred toin regulation 4(a) are:

(a)the respective number of pupils in year groups 11 and 13 who,subject by subject, were entered during the reporting school year forany prescribed public examination;

(b)the number of such pupils who, subject by subject-

(i)in the case of examinations for the GCSE-

(aa)attained each grade from A to G; and

(bb)failed to attain any such grade;

(ii)in the case of GCE "A" level and GCE "AS" examinations-

(aa)attained each grade from A to E; and

(bb)failed to attain any such grade;

(iii)in the case of any other prescribed public examination-

(aa)attained each pass grade in each such examination; and

(bb)failed to attain any such grade; and

(iv)in all cases, did not attempt each such examination.

(c)the numbers for the previous school year corresponding to thosereferred to in sub-paragraphs (a) and (b).

(2) In the case of examinations for the GCSE for which pupils in yeargroup 11 were entered, the particulars shall commence with the numberrelating to each subject for which such pupils were entered listed incolumn 1 of the Schedule hereto in the order in which they are solisted, and for those subjects only shall show separately the number ofmale pupils, of female pupils and of all pupils.

(3) For the purposes of paragraph (2) an examination for the GCSE in asubject listed in column 1 of the Schedule hereto is not to be treatedas such unless the examination is in a syllabus referred to in column 2opposite that subject.

6.-(1) The particulars in the case of a school providing education forpupils in year group 11 referred to in regulation 4(b) are-

(a)the number of male pupils and female pupils and the total number ofpupils at the school on the third Thursday in January in the reportingschool year who were aged 15 on 31st August immediately preceding thecommencement of that school year;

(b)the percentage of male pupils and of female pupils and of all pupilsat the school in year group 11 who during the reporting schoolyear-

(i)were entered for an examination for the GCSE in one or moresubjects;

(ii)were entered for an examination for the GCSE in five or moresubjects;

(iii)achieved grade A, B or C in such examinations in one or moresubjects;

(iv)achieved any grade from A to G in such examinations in one or moresubjects;

(v)achieved grade A, B or C in such examinations in not less than fivesubjects; and

(vi)achieved any grade from A to G in such examinations in not less thanfive subjects; and

(vii)achieved no grade in any such examination (whether or not enteredfor one or more).

(c)the numbers and percentages for the previous school yearcorresponding to those referred to in sub-paragraphs (a) and (b); and

(d)the percentages for the previous school year for all secondaryschools maintained by the education authority and for all maintainedsecondary schools in England corresponding to those referred to insub-paragraph (b).

(2) For the purposes of this regulation in calculating percentages ofpupils in year group 11 the number of pupils in that year group shall betaken to be the number referred to in sub-paragraph (a) of paragraph(1).

7.-(1) The particulars in the case of a school providing education forpupils in year group 13 referred to in regulation 4(c) are-

(a)the number of male pupils and female pupils and the total number ofpupils at the school on the third Thursday in January in the reportingschool year who were aged 17 on the 31st August immediately precedingthe commencement of that school year;

(b)the percentages of male pupils and of female pupils and of allpupils in year group 13 who were entered during the reporting schoolyear or the previous school year for GCE A' level or GCE AS'examinations and whose achievements, calculated in accordance withparagraph (2), fall into each of the following ranges of points, namely:0 to 4 points; 5 to 9 points; 10 to 14 points; 15 to 19 points; 20 to 24points; 25 to 29 points; and 30 or more points.

(c)the average number of points so calculated for male pupils, femalepupils and all pupils;

(d)the numbers and percentages for the previous school yearcorresponding to those referred to in sub-paragraphs (a) to (c); and

(e)the numbers and percentages for the previous school year for allsecondary schools maintained by the education authority and for allmaintained secondary schools in England corresponding to those referredto in sub-paragraphs (b) and (c).

(2) For the purposes of paragraph (1) the following grades ofachievement in GCE "A" level and GCE "AS" examinations equate to thefollowing points, namely:

• GCE "A" level: grade A = 10 points; grade B = 8 points; grade C = 6 points; grade D = 4 points; and grade E = 2 points.

• GCE "AS": grade A = 5 points; grade B = 4 points; grade C = 3 points; grade D = 2 points; and grade E = 1 point.

(3) In the case of a pupil who has been entered for both GCE "A" leveland GCE "AS" examinations in the same subject only the GCE "A" levelexaminations shall be taken into account for the purposes of paragraph(1)(b).

(4) In calculating percentages of pupils in year group 13 the number ofpupils in that year group shall be taken to be the number referred to insub-paragraph (a) of paragraph (1).

8. Subject to regulation 11 the head teacher of every grant-maintainedsecondary school shall make available to the governing body of theschool, not later than 31st October in each year, a copy of theparticulars referred to in regulations 5, 6 and 7.

Provision of results by education authority

9. Every education authority shall not later than 31st May in each yearmake available to the head teacher of every secondary school which itmaintains the particulars referred to in paragraph (1)(d) of regulation6 and paragraph (1)(e) of regulation 7.

Governing body's annual report to parents: supplementary examinationresults information

10. Where the information relating to prescribed public examinationsresults given in the annual report to parents of the governing body of amaintained secondary school pursuant to section 30(2)(i) of theEducation (No. 2) Act 1986(6) or section 58(5)(j) of the 1988 Act does not contain theresults of such examinations held during the period to which the reportrelates, the governing body shall publish such results with the annualreport.

Grant maintained school prospectus: examination results information

11. Where the information relating to prescribed public examinationsresults ("the public examinations results information") which is published by the governing body of a grant-maintainedsecondary school pursuant to section 58(5)(j) of the Act does not relateto examinations held in the school year immediately preceding the schoolyear in which the information is published the governing body shall assoon as practicable after the public examination results information forthat school year is made available to them publish that information as asupplement to the school prospectus in the manner required by theschool's articles of government for publication of the prospectus.

Qualification of head teacher's and local education authority's duty

12. The duty imposed on a head teacher or a local education authority bythese Regulations in respect of particulars relating to maintainedsecondary schools in the area of the education authority or in Englandapplies only to the extent that the relevant particulars have been madeavailable to the head teacher by the authority pursuant to regulation 12or by the Secretary of State (as the case may be) before the date onwhich the particulars are required to be made available by the headteacher or the local education authority.

Avoidance of duplication of information in certain circumstances

13. Nothing in these Regulations shall require the head teacher to makethe same particulars available to the education authority on more thanone occasion, nor to make available to the authority particulars whichhave been made available to him by that authority.

Regulation 5(2) and (3)

SCHEDULEORDER IN WHICH GCSE RESULTS OF PUPILS IN YEAR GROUP 11 TO BE MADE AVAILABLE AND SYLLABUSES COUNTING AS GCSE SYLLABUSES FOR THE PURPOSES OF REGULATION 5(3)

Explanatory Note

(This note is not part of the Regulations)

These regulations, made under section 8 of the Education Act 1980and sections 22 and 232 of the Education Reform Act 1988, apply tosecondary schools maintained by local education authorities ("LEAs") and to grant-maintained schools in England.

They impose duties on head teachers to provide by 31st October eachyear specified information to governing bodies and LEAs on the aggregatepublic examination results of pupils in year groups 11 and 13 in theschool (regulations 4-8 and 11).

The Education (School Information) Regulations 1981 are amended torequire the inclusion of this information in school prospectuses(regulation 3). If the information in the prospectus does not includethe results of the most recently held examinations, those results mustbe published as a supplement when they become available (regulations 3and 11). Similarly, where the governing body's annual report to parentsdoes not contain the most recent results they must be published with thereport (regulation 10).

The results must be published along with comparable figures for theprevious year. Head teachers and governing bodies are also required toprovide the equivalent summary information for the area of the LEA whichmaintains the school or (in the case of a grant-maintained school) inwhich the school is located and for England (regulations 4-�8and 11).