Citation, commencement and application

1.-(1) These Regulations may be cited as the Education (Further Education Institutions Information) (Wales) Regulations 1993 and shall come into force on 5th October 1993.

(2) These Regulations apply in relation to institutions in Wales only.

Interpretation

2.-(1) In these Regulations-�

"the 1992 Act" means the Further and Higher Education Act 1992;

"academic year" means-�

"enrolled on a course" means entered in the records of an institution as a student taking that course, but where two institutions have so entered a student in respect of the same course he shall be considered to be enrolled at the institution which has undertaken to him to provide the course and not to be enrolled at the institution which has undertaken to the other institution to provide the course;

"examination", in relation to any vocational course, includes any method by means of which students are assessed for the purpose of determining their achievements in the vocational course;

"full-�time student" in relation to any examination or qualification means a student who was enrolled on a course leading to that examination or qualification at the institution in respect of which the information is published at any time during the reporting year if the course was-�

"GCE -�A' level" and "-�AS' level" mean General Certificate of Education advanced level and advanced supplementary level respectively;

"GCSE" means General Certificate of Secondary Education;

"GNVQ" means a vocational qualification accredited (whether conditionally or finally) by the NCVQ as a General National Vocational Qualification;

"institution" means an institution within the further education sector as defined by section 91(3) of the 1992 Act, but excluding any institution listed in Schedule 1 hereto;

"library" means a library administered by a library authority within the meaning of the Public Libraries and Museums Act 1964(2);

"maintained secondary school" means a secondary school (other than a special school established in a hospital) which is maintained by a local education authority or which is a grant-�maintained school;

"the NCVQ" means the National Council for Vocational Qualifications;

"NVQ" means a vocational qualification accredited (whether conditionally or finally) by the NCVQ as a National Vocational Qualification;

"part-�time student", in relation to any examination or qualification, means a student who was enrolled on a course leading to that examination or qualification at the institution in respect of which the information is published at any time during the reporting year but who was not a full-�time student in relation to that examination or qualification;

"relevant date" means-�

"reporting year" means-�

"training" means training given under arrangements made by the Secretary of State pursuant to section 2(1) of the Employment and Training Act 1973(3);

"unemployed" means in receipt of unemployment benefit under the Social Security Contributions and Benefits Act 1992(4);

"vocational course" means a course which is, or falls within a class, for the time being approved by the Secretary of State pursuant to sub-�paragraph (a) of Schedule 2 to the 1992 Act(5);

"vocational qualification" means the qualification which will be awarded to a student in the final year of a vocational course if he is successful in his examinations.

(2) In these Regulations, references to students aged 19 years or over are references to students who, on the 31st August in the reporting year, had attained the age of 19 years.

(3) In these Regulations references, in relation to a specified number of GCE "A" levels, to the GCE "A"/ "AS" level equivalent, are references to a number of GCE "AS" levels or GCE "A" and "AS" levels (in any combination) equal to the number of GCE "A" levels so specified, a GCE "AS" level being counted as half of one GCE "A" level for this purpose.

(4) For the purposes of these Regulations, a student shall be taken to have been entered for an examination if he has been entered for that examination, any fees have been paid and the entry has not subsequently been withdrawn.

(5) In these Regulations, references to students within the 16 to 18 age range are references to students who, on the 31st August in the reporting year, had attained the age of 16 years but not the age of 19 years.

(6) References in these Regulations to a "Form" followed by a specified number are references to the Form in Schedule 4 bearing that number or a form to the like effect.

(7) References in these Regulations, in relation to vocational qualifications, to NVQ or GNVQ levels, are references to levels of NVQs or GNVQs, as the case may be, according to the grading given to the qualification by the NCVQ (whether conditionally or finally) as recorded in the National Database of Vocational Qualifications(6) maintained by the NCVQ.

(8) In these Regulations, references to persons receiving education (without qualification) are references to any of the following-�

(a)persons who are registered pupils at any school;

(b)persons receiving further education; and

(c)persons receiving higher education;

and references to persons receiving further education, and to persons receiving higher education, are references, respectively, to persons pursuing a course of further education of a description mentioned in Schedule 2 to the 1992 Act, or to persons pursuing a course of higher education within the meaning of section 120(1) of the Education Reform Act 1988(7).

(9) References in these Regulations to employment, include references to-�

(a)self-�employment; and

(b)part-�time employment (but excluding, in the case of persons receiving education, holiday work between periods of study).

(10) In these Regulations-�

(a)where a percentage which is required to be calculated is not a whole number it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number; and

(b)where an average point score which is required to be calculated by virtue of these Regulations is not a whole number, it shall be calculated to one decimal place.

(11) In these Regulations, unless the context otherwise requires, any reference to a regulation or a Schedule, is a reference to a regulation contained herein or a Schedule hereto; and any reference in a regulation or a Schedule to a paragraph is to a paragraph of that regulation or Schedule, and a reference in a paragraph to a sub-�paragraph is a reference to a sub-�paragraph of that paragraph.

Publication of information about students

3.-(1) Subject to regulations 4 and 5, the governing body of every institution shall publish, in respect of their institution, within the period of four weeks ending on 1st January 1994, and within the same period ending on the 1st January in each subsequent year, the particulars specified in Schedules 2 and 3.

(2) Each of the particulars specified in those Schedules shall be published by the governing body making them available, in the form specified in the Schedule in relation to the particulars in question, for inspection by any person at all reasonable times at-�

(a)the institution concerned; and

(b)at least one library in the area of the institution;

and by their furnishing a copy thereof to the Secretary of State or the governing body of every maintained secondary school within the county in which the institution is situated and, subject to paragraph (3) below, any other person requesting them.

(3) Where any person (other than the Secretary of State or the governing body of a maintained secondary school within the county in which the institution is situated) requests a copy of some (but not all) of the particulars specified in those Schedules, the governing body of the institution shall only be required to furnish copies of those particulars which are requested by that person.

Determination of examination particulars

4.-(1) The provisions of this regulation have effect for the purpose of determining the particulars referred to in Schedules 2 and 3.

(2) If a student has been entered for two or more GCSE, two or more GCE "A" level or two or more GCE "AS" level, examinations in the same subject in the reporting year, his entry and result in the GCSE or, as the case may be, GCE "A" level or GCE "AS" level, examination in which he achieved the lower or lowest grade shall be disregarded.

(3) If a student has been entered for both GCSE and GCE "A", or "AS", level examinations in the same subject in the reporting year, and has been successful in both, his entry and result in the GCSE examination shall be disregarded.

(4) If a student who has been entered for both GCE "A" level and GCE "AS" level examinations in the same subject in the reporting year, and has been successful in both, his entry and result in the GCE "AS" level examination shall be disregarded.

(5) For the purpose of any provision of these Regulations by virtue of which point scores of students, or students of a particular description, in GCE "A"level and GCE "AS" level examinations are required to be determined in order to establish the percentage of such students whose achievements fall within specified ranges of points, the total of the points achieved by each such student in his examinations shall be determined, and shall be so determined as follows:

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

Qualification of duties

5. The duties imposed on governing bodies of institutions by virtue of these Regulations in respect of the publication of any information apply only to the extent to which that information is available to the governing body on or before the relevant date.

Regulation 2(1)

SCHEDULE 1INSTITUTIONS TO WHICH THESE REGULATIONS DO NOT APPLY

1. The Workers' Educational Association -� North Wales District.

2. The Workers' Educational Association -� South Wales District.

3. The National Council of Young Men's Christian Associations of Wales.

Regulation 3

SCHEDULE 2PARTICULARS OF EXAMINATION RESULTS TO BE PUBLISHED BY GOVERNING BODY

1.-(1) In relation to each subject in which one or more full-�time students within the 16 to 18 age range were entered for a GCSE examination to be sat in the reporting year, the number of such students who were entered for the examination, and the percentage of the number so entered who-�

(a)achieved grades within the range A to C;

(b)achieved grades within the range D to G; and

(c)failed to achieve a pass or did not attempt the examination.

(2) The particulars referred to in sub-�paragraph (1) above, but in relation to part-�time students.

(3) The particulars referred to in sub-�paragraphs (1) and (2) above shall be published in Form 1.

2.-(1) The particulars referred to in paragraph 1(1) above, but in relation to each subject in which one or more full-�time students aged 19 years or over were entered for a GCSE examination to be sat in the reporting year.

(2) The particulars referred to in sub-�paragraph (1) above, but in relation to part-�time students.

(3) The particulars referred to in sub-�paragraphs (1) and (2) above shall be published in Form 2.

3.-(1) In relation to each subject in which one or more full-�time students within the 16 to 18 age range were entered for a GCE "A" level examination to be sat in the reporting year, the number of such students who were entered for the examination, and the percentage of that number who-�

(a)achieved grade A;

(b)achieved grade B;

(c)achieved grade C;

(d)achieved grade D;

(e)achieved grade E;

(f)attempted the examination but were ungraded; and

(g)did not attempt the examination.

(2) The particulars referred to in sub-�paragraph (1) above, but in relation to part-�time students.

(3) The particulars referred to in sub-�paragraphs (1) and (2) above shall be published in Form 3.

4.-(1) The particulars referred to in paragraph 3(1) above, but in relation to each subject in which one or more full-�time students within the 16 to 18 age range were entered for a GCE "AS" level examination to be sat in the reporting year.

(2) The particulars referred to in sub-�paragraph (1) above, but in relation to part-�time students.

(3) The particulars referred to in sub-�paragraphs (1) and (2) above shall be published in Form 4.

5.-(1) The particulars referred to in paragraph 3(1) above, but in relation to each subject in which one or more full-�time students aged 19 years or over were entered for a GCE "A" level examination to be sat in the reporting year.

(2) The particulars referred to in sub-�paragraph (1) above, but in relation to part-�time students.

(3) The particulars referred to in sub-�paragraphs (1) and (2) above shall be published in Form 5.

6.-(1) The particulars referred to in paragraph 3(1) above, but in relation to each subject in which one or more full-�time students aged 19 years or over were entered for a GCE "AS" level examination to be sat in the reporting year.

(2) The particulars referred to in sub-�paragraph (1) above, but in relation to part-�time students.

(3) The particulars referred to in sub-�paragraphs (1) and (2) above shall be published in Form 6.

7.-(1) The number of full-�time students within the 16 to 18 age range who were entered for at least 1 GCE "A" or "AS" level examination, but fewer than 2 GCE "A" level examinations or the GCE "A"/ "AS" level equivalent, to be sat in the reporting year; the percentage of that number whose achievements fall within each of the following ranges of points, namely-�

0 to 4;

5 to 9;

10 to 15;

and the average number of points achieved by those students collectively.

(2) The particulars referred to in sub-�paragraph (1) above, but in relation to part-�time students.

(3) The particulars referred to in sub-�paragraphs (1) and (2) above shall be published in Form 7.

8.-(1) The number of full-�time students within the 16 to 18 age range who were entered for 2 or more GCE "A" level examinations, or the GCE "A"/ "AS" level equivalent, to be sat in the reporting year; the percentage of that number whose achievements fall within each of the following ranges of points, namely-�

0 to 4;

5 to 9;

10 to 14;

15 to 19;

20 to 24;

25 to 29; and

30 or above;

and the average number of points achieved by those students collectively.

(2) The particulars referred to in sub-�paragraph (1) above, but in relation to part-�time students.

(3) The particulars referred to in sub-�paragraphs (1) and (2) above shall be published in Form 7.

9.-(1) The particulars referred to in paragraph 7(1) above, but in relation to full-�time students aged 19 years or over who were entered for at least 1 GCE "A" or "AS" level examination, but fewer than 2 GCE "A" level examinations or the GCE "A"/ "AS" level equivalent, to be sat in the reporting year.

(2) The particulars referred to in sub-�paragraph (1) above, but in relation to part-�time students.

(3) The particulars referred to in sub-�paragraphs (1) and (2) above shall be published in Form 8.

10.-(1) The particulars referred to in paragraph 8(1) above, but in relation to full-�time students aged 19 years or over who were entered for 2 or more GCE "A" level examinations, or the GCE "A"/ "AS" level equivalent, to be sat in the reporting year.

(2) The particulars referred to in sub-�paragraph (1) above, but in relation to part-�time students.

(3) The particulars referred to in sub-�paragraphs (1) and (2) above shall be published in Form 8.

11.-(1) In relation to each vocational qualification in respect of which there were, in the reporting year, one or more students within the 16 to 18 age range ("relevant students") in the final year of the vocational course leading to the qualification-�

(a)the name of the vocational qualification (including the NVQ or GNVQ level, where applicable and, where accreditation by the NCVQ is conditional only, stating that fact);

(b)the name of the body awarding the vocational qualification;

(c)the number of relevant students in the final year of the course; and

(d)the numbers of relevant students in that year awarded the vocational qualification in question following examination during the reporting year who were, respectively, full-� time students and part-�time students.

(2) The total number of relevant students who were, in the reporting year, in the final year of each of the following categories of courses, namely-�

(a)courses leading to NVQs at level 1;

(b)courses leading to NVQs or GNVQs at level 2;

(c)courses leading to NVQs or GNVQs at level 3;

(d)courses leading to NVQs at level 4;

(e)courses leading to NVQs at level 5; and

(f)courses leading to vocational qualifications not falling within any of sub-�paragraphs (a) to (e) above;

and, in relation to each such category, the total numbers of such students achieving the vocational qualifications to which their courses led who were, respectively, full-�time students and part-�time students.

(3) The particulars referred to in sub-�paragraphs (1) and (2) above shall be published in Form 9.

12.-(1) The particulars referred to in paragraph 11(1) above, but in relation to each vocational qualification in respect of which there were, in the reporting year, one or more students aged 19 years or over in the final year of the vocational course leading to the qualification.

(2) The particulars referred to in paragraph 11(2) above, but in relation to students aged 19 years or over.

(3) The particulars referred to in sub-�paragraphs (1) and (2) above shall be published in Form 10.

Regulation 3

SCHEDULE 3PARTICULARS RELATING TO EMPLOYMENT, EDUCATION AND TRAINING OF STUDENTS

1.-(1) The number of full-�time students who were successful in one or more GCSE examinations sat in the reporting year, and the percentage of that number as fell, on the relevant date, within each of the following descriptions of persons, namely-�

(a)persons receiving education or undergoing training;

(b)persons in gainful employment;

(c)persons who are unemployed;

(d)persons who are not-�

(i)receiving education or undergoing training;

(ii)in gainful employment; or

(iii)unemployed; and

(e)persons whom it is not known by the governing body whether they fell within any of the above descriptions on the relevant date.

(2) The particulars referred to in paragraph (1) above shall be published in Form 11.

2.-(1) In relation to full-�time students within the 16 to 18 age range who were entered for 2 or more GCE "A" level examinations, or the GCE "A"/ "AS" level equivalent, to be sat in the reporting year ("relevant students"), the percentage of the number of relevant students whose achievements fall within each of the following ranges of points ("relevant ranges of points"), namely-�

0 to 4;

5 to 9;

10 to 14;

15 to 19;

20 to 24;

25 to 29;

30 or above; and

0 to 30 or above;

as fell, on the relevant date, within each of the following descriptions of persons, namely-�

(a)persons receiving further education or undergoing training;

(b)persons receiving higher education;

(c)persons in gainful employment;

(d)persons who are unemployed;

(e)persons who are not-�

(i)receiving further education or undergoing training;

(ii)receiving higher education;

(iii)in gainful employment; or

(iv)unemployed; and

(f)persons whom it is not known by the governing body whether they fell within any of the above descriptions on the relevant date;

and the total number of relevant students whose achievements fall within each relevant range of points.

(2) The particulars referred to in paragraph (1) above shall be published in Form 12.

3.-(1) The particulars referred to in paragraph 2(1) above, but in relation to full-�time students aged 19 years or over who were entered for 2 or more GCE "A" level examinations, or the GCE "A"/ "AS" level equivalent, to be sat in the reporting year.

(2) The information referred to in sub-�paragraph (1) above shall be published in Form 13.

4.-(1) In relation to full-�time students who were, in the reporting year, in the final year of a course of study leading to a vocational qualification ("relevant students"), the percentage of the number of relevant students attaining vocational qualifications falling within each of the following categories ("relevant categories"), namely-�

(a)NVQs at level 1;

(b)NVQs or GNVQs at level 2;

(c)NVQs or GNVQs at level 3;

(d)NVQs at level 4;

(e)NVQs at level 5;

(f)NVQs and GNVQs at all levels; and

(g)vocational qualifications not falling within any of the relevant categories referred to above;

as fell, on the relevant date, within each of the following descriptions of persons, namely-�

(a)persons receiving further education or undergoing training;

(b)persons receiving higher education;

(c)persons in gainful employment;

(d)persons who are unemployed;

(e)persons who are not-�

(i)receiving further education or undergoing training;

(ii)receiving higher education;

(iii)in gainful employment; or

(iv)unemployed; and

(f)persons whom it is not known by the governing body whether they fell within any of the above descriptions on the relevant date;

and the total number of relevant students attaining vocational qualifications falling within each relevant category.

(2) The information referred to in sub-�paragraph (1) above shall be published in Form 14.

SCHEDULE 4FORMS IN WHICH PARTICULARS OF EXAMINATION RESULTS AND EMPLOYMENT, EDUCATION AND TRAINING OF STUDENTS ARE TO BE PUBLISHED

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which are made under section 50 of the Further and Higher Education Act 1992, require governing bodies of institutions in Wales within the further education sector (other than those listed in Schedule 1) to publish in a prescribed form (or a form to the like effect), information about the achievements of students in GCSE, G CE "A" level and GCE "AS" level examinations in the previous academic year; and information about what such students went on to do (including, in particular, the numbers of such students in gainful employment, education or training, and the numbers who are unemployed) -� see regulation 3 and Schedules 2, 3 and 4. The Regulations also require those governing bodies to publish similar information about students in the final year of a vocational course (as defined therein) -� see regulation 3 and Schedules 2, 3 and 4.

Regulation 3(2) and (3) lays down the manner in which information is to be published. In particular, governing bodies are required to make the information available for inspection at their institution and in at least one public library within the area of that institution. The governing body must also furnish copies to the Secretary of State, the governing bodies of maintained secondary schools within the county in which the institution is situated, and to anyone else on request.

Regulation 4 prescribes in greater detail how information about examinations, and point scores in examinations, is to be determined for the purposes of Schedules 2 and 3.

Regulation 5 contains provision limiting the duty imposed on governing bodies under the Regulations to information available to them on a specified date.