
2023 No. 380
Education, England
The Education (Pupil Information and School Performance Information) (England) (Amendment) Regulations 2023
Made 28th March 2023
Laid before Parliament 30th March 2023
Coming into force 1st September 2023

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 408, 537, 537A, 563 and 569(4) and (5) of the Education Act 1996.

The Secretary of State has consulted those persons with whom consultation appeared to the Secretary of State to be desirable in accordance with section 408(5) of that Act.
Citation, commencement and extent
1 
These Regulations may be cited as the Education (Pupil Information and School Performance Information) (England) (Amendment) Regulations 2023 and come into force on 1st September 2023.
2 
These Regulations extend to England and Wales.
Amendment to the Education (Pupil Information) (England) Regulations 2005
3 
The Education (Pupil Information) (England) Regulations 2005 are amended in accordance with regulations 4 to 6.
4 
In regulation 2 (interpretation), omit the definition of “the QCDA”.
5 

(1) Schedule 1 (information to be included in the head teacher’s annual report) is amended as follows.
(2) For paragraph 2(1) substitute—“
(1) The following information must be included in the report of every pupil at the end of the second key stage—
(a) a brief commentary;
(b) the results of the teacher assessment of the pupil’s NC standards of attainment, excluding citizenship;
(c) particulars of any NC attainment targets or subjects from which the pupil is exempt;
(d) comparative information about the NC standards of attainment and scores of pupils of the same age in the school;
(e) comparative information about the NC standards of attainment and scores in the core subjects of pupils of the same age nationally;
(f) the results of the teacher assessment of his NC attainment targets in English;
(g) the results of the NC tests taken, by score; and
(h) a statement that the NC standards of attainment have been arrived at in accordance with the statutory arrangements.”
(3) For paragraph 2(1A), substitute—“
(1A) Sub-paragraph (1) is subject to sub-paragraphs (2A) and (2B)”.
(4) Omit paragraph 2(2).
(5) In paragraph 2(2B), for “the relevant key stage” in each place where it appears, substitute “the second key stage”.
(6) In paragraph 3—
(a) in the definition of “brief commentary”, for the words from “(and” to “NC tests results)” substitute “and the pupil’s NC tests results”; and
(b) in the definition of “comparative information”, for “the relevant key stage” substitute “the second key stage”.
6 

(1) Schedule 2 (information forming part of the common transfer file) is amended as follows.
(2) After paragraph 6(2) insert—“
(2A) Paragraphs 6(1)(a) and (b) do not apply in respect of teacher assessments carried out at the end of the first key stage, if the pupil was at the end of the first key stage in the school year 2023/24 or any later school year.”.
(3) In paragraph 6(3), at the beginning, for “In” substitute “Subject to sub-paragraph (3A), in”.
(4) After paragraph 6(3) insert—“
(3A) Paragraph 6(3) does not apply if the pupil was at the end of the first key stage in the school year 2023/24 or any later school year.”.
(5) In paragraph 7, for “the relevant key stage” in each place where it appears, substitute “the second key stage”.
Amendment to the Education (School Performance Information) (England) Regulations 2007
7 

(1) The Education (School Performance Information) (England) Regulations 2007 are amended as follows.
(2) In regulation 5 (provision of information about first key stage assessment results to local authorities), omit paragraph (1).
(3) In Schedule 1 (provision of information to local authorities: first key stage results), omit paragraph 1.
Nick Gibb
Minister of State
Department for Education
28th March 2023