Part I Assisted places scheme

1 Extension of assisted places scheme to schools providing only primary education

In section 479 of the [1996 c. 56.] Education Act 1996 (the assisted places scheme), in subsection (2) (by virtue of which a “participating school” must be one providing secondary education), the words “providing secondary education” shall be omitted.

Part II School discipline

Responsibility for discipline

2 Responsibility for discipline: LEA-maintained schools

For section 154 of the Education Act 1996 there shall be substituted—

“154 Responsibility of governing body and head teacher for discipline

(1) The governing body of a county, voluntary or maintained special school shall ensure that policies designed to promote good behaviour and discipline on the part of its pupils are pursued at the school.

(2) In particular, the governing body—

(a) shall make, and from time to time review, a written statement of general principles to which the head teacher is to have regard in determining any measures under subsection (4); and

(b) where they consider it desirable that any particular measures should be so determined by the head teacher or that he should have regard to any particular matters—

(i) shall notify him of those measures or matters, and

(ii) may give him such guidance as they consider appropriate;

and in exercising their functions under this subsection the governing body shall have regard to any guidance given from time to time by the Secretary of State.

(3) Before making or revising the statement required by subsection (2)(a) the governing body shall consult (in such manner as appears to them to be appropriate)—

(a) the head teacher; and

(b) parents of registered pupils at the school.

(4) The head teacher shall determine measures (which may include the making of rules and provision for enforcing them) to be taken with a view to—

(a) promoting, among pupils, self-discipline and proper regard for authority;

(b) encouraging good behaviour and respect for others on the part of pupils;

(c) securing that the standard of behaviour of pupils is acceptable; and

(d) otherwise regulating the conduct of pupils.

(5) The head teacher shall, in determining such measures—

(a) act in accordance with the current statement made by the governing body under subsection (2)(a); and

(b) have regard to any notification or guidance given to him under subsection (2)(b).

(6) The standard of behaviour which is to be regarded as acceptable at the school shall be determined by the head teacher, so far as it is not determined by the governing body.

(7) The measures determined by the head teacher under subsection (4) shall be publicised by him in the form of a written document as follows—

(a) he shall make the measures generally known within the school and to parents of registered pupils at the school; and

(b) he shall in particular, at least once in every school year, take steps to bring them to the attention of all such pupils and parents and all persons employed at the school.

(8) The governing body and the head teacher shall, before any measures are determined under subsection (4), consult the local education authority on any matter arising from the proposed measures which can reasonably be expected—

(a) to lead to increased expenditure by the authority, or

(b) to affect the responsibilities of the authority as an employer.”

3 Responsibility for discipline: grant-maintained and grant-maintained special schools

(1) After section 306 of the [1996 c. 56.] Education Act 1996 there shall be inserted—

“Discipline

306A Responsibility of governing body and head teacher for discipline

(1) The governing body of a grant-maintained school shall ensure that policies designed to promote good behaviour and discipline on the part of its pupils are pursued at the school.

(2) In particular, the governing body—

(a) shall make, and from time to time review, a written statement of general principles to which the head teacher is to have regard in determining any measures under subsection (4); and

(b) where they consider it desirable that any particular measures should be so determined by the head teacher or that he should have regard to any particular matters—

(i) shall notify him of those measures or matters, and

(ii) may give him such guidance as they consider appropriate;

and in exercising their functions under this subsection the governing body shall have regard to any guidance given from time to time by the Secretary of State.

(3) Before making or revising the statement required by subsection (2)(a) the governing body shall consult (in such manner as appears to them to be appropriate)—

(a) the head teacher; and

(b) parents of registered pupils at the school.

(4) The head teacher shall determine measures (which may include the making of rules and provision for enforcing them) to be taken with a view to—

(a) promoting, among pupils, self-discipline and proper regard for authority;

(b) encouraging good behaviour and respect for others on the part of pupils;

(c) securing that the standard of behaviour of pupils is acceptable; and

(d) otherwise regulating the conduct of pupils.

(5) The head teacher shall, in determining such measures—

(a) act in accordance with the current statement made by the governing body under subsection (2)(a); and

(b) have regard to any notification or guidance given to him under subsection (2)(b).

(6) The standard of behaviour which is to be regarded as acceptable at the school shall be determined by the head teacher, so far as it is not determined by the governing body.

(7) The measures determined by the head teacher under subsection (4) shall be publicised by him in the form of a written document as follows—

(a) he shall make the measures generally known within the school and to parents of registered pupils at the school; and

(b) he shall in particular, at least once in every school year, take steps to bring them to the attention of all such pupils and parents and all persons employed at the school.”

(2) In Schedule 28 to that Act (government and conduct of grant-maintained special schools), in paragraph 15 (application of section 307 to such schools) for “Section” there shall be substituted “Each of sections 306A (responsibility for discipline) and”.

Power to restrain pupils

4 Power of members of staff to restrain pupils

After section 550 of the [1996 c. 56.] Education Act 1996 there shall be inserted—

“Power to restrain pupils

550A Power of members of staff to restrain pupils

(1) A member of the staff of a school may use, in relation to any pupil at the school, such force as is reasonable in the circumstances for the purpose of preventing the pupil from doing (or continuing to do) any of the following, namely—

(a) committing any offence,

(b) causing personal injury to, or damage to the property of, any person (including the pupil himself), or

(c) engaging in any behaviour prejudicial to the maintenance of good order and discipline at the school or among any of its pupils, whether that behaviour occurs during a teaching session or otherwise.

(2) Subsection (1) applies where a member of the staff of a school is—

(a) on the premises of the school, or

(b) elsewhere at a time when, as a member of its staff, he has lawful control or charge of the pupil concerned;

but it does not authorise anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of section 548.

(3) Subsection (1) shall not be taken to prevent any person from relying on any defence available to him otherwise than by virtue of this section.

(4) In this section—

• “member of the staff”, in relation to a school, means any teacher who works at the school and any other person who, with the authority of the head teacher, has lawful control or charge of pupils at the school;

• “offence” includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence.”

Detention

5 Detention outside school hours lawful despite absence of parental consent

After the section 550A inserted in the [1996 c. 56.] Education Act 1996 by section 4 of this Act there shall be inserted—

“Detention

550B Detention outside school hours lawful despite absence of parental consent

(1) Where a pupil to whom this section applies is required on disciplinary grounds to spend a period of time in detention at his school after the end of any school session, his detention shall not be rendered unlawful by virtue of the absence of his parent’s consent to it if the conditions set out in subsection (3) are satisfied.

(2) This section applies to any pupil who has not attained the age of 18 and is attending—

(a) a school maintained by a local education authority;

(b) a grant-maintained or grant-maintained special school; or

(c) a city technology college or city college for the technology of the arts.

(3) The conditions referred to in subsection (1) are as follows—

(a) the head teacher of the school must have previously determined, and have—

(i) made generally known within the school, and

(ii) taken steps to bring to the attention of the parent of every person who is for the time being a registered pupil there,

that the detention of pupils after the end of a school session is one of the measures that may be taken with a view to regulating the conduct of pupils;

(b) the detention must be imposed by the head teacher or by another teacher at the school specifically or generally authorised by him for the purpose;

(c) the detention must be reasonable in all the circumstances; and

(d) the pupil’s parent must have been given at least 24 hours' notice in writing that the detention was due to take place.

(4) In determining for the purposes of subsection (3)(c) whether a pupil’s detention is reasonable, the following matters in particular shall be taken into account—

(a) whether the detention constitutes a proportionate punishment in the circumstances of the case; and

(b) any special circumstances relevant to its imposition on the pupil which are known to the person imposing it (or of which he ought reasonably to be aware) including in particular—

(i) the pupil’s age,

(ii) any special educational needs he may have,

(iii) any religious requirements affecting him, and

(iv) where arrangements have to be made for him to travel from the school to his home, whether suitable alternative arrangements can reasonably be made by his parent.

(5) Section 572, which provides for the methods by which notices may be served under this Act, does not preclude a notice from being given to a pupil’s parent under this section by any other effective method.”

Exclusion of pupils from school

6 Variation of limit on fixed-period exclusions: all maintained schools

(1) In section 156 of the [1996 c. 56.] Education Act 1996 (exclusion of pupils from county, voluntary or maintained special school), in subsection (2) (which imposes a limit on fixed-period exclusions of 15 school days per term), for “15 school days in any one term” there shall be substituted “45 school days in any one school year”.

(2) In section 307 of that Act (exclusion of pupils from grant-maintained school), in subsection (1) (which also imposes a limit on fixed-period exclusions of 15 school days per term), for “15 school days in any one term” there shall be substituted “45 school days in any one school year”.

7 Exclusion or reinstatement appeals: LEA-maintained schools

(1) Schedule 16 to the [1996 c. 56.] Education Act 1996 (appeals against exclusion or reinstatement of pupils) shall be amended as follows.

(2) After paragraph 7 there shall be inserted—

“7A (1) For the purpose of fixing the time (falling within the period mentioned in paragraph 7) at which the hearing of an appeal is to take place, the body mentioned in that paragraph shall take reasonable steps to ascertain any times falling within that period when—

(a) the relevant person, or

(b) any other person who wishes, and would be entitled, to appear and make oral representations in accordance with paragraph 8 or 9,

would be able to attend.

(2) Where in accordance with sub-paragraph (1) that body have ascertained any such times in the case of any such person, they shall, when fixing the time at which the hearing is to take place, take those times into account with a view to ensuring, so far as it is reasonably practicable to do so, that that person is able to appear and make such representations at the hearing.”

(3) For paragraph 8 there shall be substituted—

“8 (1) On an appeal by a pupil or parent the appeal committee shall give the appellant an opportunity of appearing and making oral representations, and shall allow him to be represented or to be accompanied by a friend.

(2) On such an appeal the committee shall allow—

(a) the head teacher to make written representations and to appear and make oral representations,

(b) the local education authority and the governing body to make written representations,

(c) an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations, and

(d) the governing body to be represented.”

(4) After paragraph 12 there shall be inserted—

“12A (1) In deciding—

(a) whether the pupil in question should be reinstated (and, if so, the time when this should take place), or

(b) whether any direction for the reinstatement of the pupil in question should be confirmed,

an appeal committee shall have regard to both the interests of that pupil and the interests of other pupils at his school and members of its staff.

(2) In making any such decision an appeal committee shall also have regard to the measures publicised by the head teacher under section 154(7).

(3) Sub-paragraphs (1) and (2) do not apply where an appeal committee decides that the pupil in question was not guilty of the conduct which the head teacher relied on as grounds for his permanent exclusion.

(4) Sub-paragraphs (1) and (2) shall not be read as precluding an appeal committee from having regard to any other relevant matters.”

8 Exclusion appeals: grant-maintained and grant-maintained special schools

(1) After section 307 of the [1996 c. 56.] Education Act 1996 there shall be inserted—

“307A Exclusion appeals

Schedule 25A to this Act has effect in relation to the procedure on any appeal which—

(a) is made in pursuance of arrangements made by the governing body of a grant-maintained school by virtue of paragraph 6(1) and (2) of Schedule 23 (content of articles of government), and

(b) relates to a decision not to reinstate a pupil who has been permanently excluded from the school.”

(2) After Schedule 25 to that Act there shall be inserted as Schedule 25A the Schedule set out in Schedule 1 to this Act.

(3) At the end of Schedule 28 to that Act (government and conduct of grant-maintained special schools) there shall be added—

“16 Section 307A and Schedule 25A (exclusion appeals) apply in relation to a grant-maintained special school as they apply in relation to a grant-maintained school, but as if any reference in those provisions to any provision of Schedule 23 were a reference to that provision as it applies in accordance with regulations under paragraph 14 above.”

LEA plans

9 LEA plans relating to children with behavioural difficulties

After section 527 of the Education Act 1996 there shall be inserted—

“Plans relating to children with behavioural difficulties

527A Duty of LEA to prepare plan relating to children with behavioural difficulties

(1) Every local education authority shall prepare, and from time to time review, a statement setting out the arrangements made or proposed to be made by the authority in connection with the education of children with behavioural difficulties.

(2) The arrangements to be covered by the statement include in particular—

(a) the arrangements made or to be made by the authority for the provision of advice and resources to relevant schools, and other arrangements made or to be made by them, with a view to—

(i) meeting requests by such schools for support and assistance in connection with the promotion of good behaviour and discipline on the part of their pupils, and

(ii) assisting such schools to deal with general behavioural problems and the behavioural difficulties of individual pupils;

(b) the arrangements made or to be made by the authority in pursuance of section 19(1) (exceptional provision of education for children not receiving education by reason of being excluded or otherwise); and

(c) any other arrangements made or to be made by them for assisting children with behavioural difficulties to find places at suitable schools.

(3) The statement shall also deal with the interaction between the arrangements referred to in subsection (2) and those made by the authority in relation to pupils with behavioural difficulties who have special educational needs.

(4) In the course of preparing the statement required by this section or any revision of it the authority shall carry out such consultation as may be prescribed.

(5) The authority shall—

(a) publish the statement in such manner and by such date, and

(b) publish revised statements in such manner and at such intervals,

as may be prescribed, and shall provide such persons as may be prescribed with copies of the statement or any revised statement.

(6) In discharging their functions under this section a local education authority shall have regard to any guidance given from time to time by the Secretary of State.

(7) In this section “relevant school”, in relation to a local education authority, means—

(a) a school maintained by the authority (whether situated in their area or not), or

(b) a grant-maintained or grant-maintained special school situated in their area.”

Part III School admissions

Chapter I County and voluntary schools

Partially-selective schools

10 Restriction of right to refuse admission to partially-selective school

In section 411(3) of the [1996 c. 56.] Education Act 1996 (cases where parental preference need not be complied with), for paragraph (c) there shall be substituted—

“(c) if the arrangements for admission to the preferred school—

(i) are wholly based on selection by reference to ability or aptitude, and

(ii) are so based with a view to admitting only pupils with high ability or with aptitude,

and compliance with the preference would be incompatible with selection under those arrangements.”

Children permanently excluded from two or more schools

11 No requirement to admit children permanently excluded from two or more schools

After section 411 of the Education Act 1996 there shall be inserted—

“411A No requirement to admit children permanently excluded from two or more schools

(1) The duty imposed by section 411(2) does not apply in the case of a child to whom subsection (2) applies.

(2) Where a child has been permanently excluded from two or more schools, this subsection applies to him during the period of two years beginning with the date on which the latest of those exclusions took effect.

(3) Subsection (2) applies to a child whatever the length of the period or periods elapsing between those exclusions and regardless of whether it has applied to him on a previous occasion.

(4) However, a child shall not be regarded as permanently excluded from a school for the purposes of this section if—

(a) although so excluded he was reinstated as a pupil at the school following the giving of a direction to that effect to the head teacher of the school; or

(b) he was so excluded at a time when he had not attained compulsory school age.

(5) In this section “school” means—

(a) a school maintained by a local education authority; or

(b) a grant-maintained or grant-maintained special school.

(6) This section does not apply in relation to a child unless at least one of the two or more exclusions mentioned in subsection (2) took effect on or after the date of the coming into force of section 11 of the Education Act 1997.

(7) For the purposes of this section the permanent exclusion of a child from a school shall be regarded as having taken effect on the school day as from which the head teacher decided that he should be permanently excluded.”

12 Appeals in the case of children permanently excluded from two or more schools

(1) After section 423 of the [1996 c. 56.] Education Act 1996 there shall be inserted—

“423A Appeals relating to children to whom section 411A(2) applies

(1) Nothing in section 423(1) or (2) requires any arrangements to be made for enabling the parent of a child to appeal against a decision—

(a) made by or on behalf of the admission authority for a county or voluntary school, and

(b) refusing the child admission to the school,

in a case where, at the time when the decision is made, section 411A(2) applies to the child.

(2) Where a local education authority are the admission authority for a county or controlled school, the authority shall make arrangements for enabling the governing body of the school to appeal against any decision made by or on behalf of the authority to admit to the school a child to whom, at the time when the decision is made, section 411A(2) applies.

(3) Schedule 33A shall have effect in relation to the making and hearing of appeals pursuant to arrangements made under subsection (2).

(4) The decision of an appeal committee on an appeal made pursuant to arrangements under subsection (2) shall be binding—

(a) on the local education authority by or on whose behalf the decision under appeal was made, and

(b) on the governing body of any county or controlled school at which the appeal committee determines that a place should be offered to the child in question.”

(2) After Schedule 33 to the Education Act 1996 there shall be inserted as Schedule 33A the Schedule set out in Schedule 2 to this Act.

Home-school partnership documents

13 Home-school partnership documents

After section 413 of the Education Act 1996 there shall be inserted—

“413A Admission arrangements may provide for home-school partnership documents

(1) The admission arrangements for a county or voluntary school may include provisions—

(a) setting out the terms of a partnership document for the school and the parental declaration to be used in connection with the document;

(b) making it a condition of the admission of every child to the school that his parent gives the admission authority a signed parental declaration either—

(i) at the time of applying for a place at the school for the child, or

(ii) if the child is allocated a conditional place, within such period as is specified in the arrangements; and

(c) authorising the admission authority to dispense with that condition to any extent in the case of a particular child where they are satisfied that there are special reasons for doing so.

(2) For the purposes of this section and section 413B a “partnership document” is a statement specifying—

(a) the school’s aims and values;

(b) the responsibilities which the school intends to discharge in connection with the education of children admitted to the school; and

(c) the parental responsibilities, that is the responsibilities which the parents of such children are expected to discharge in connection with the education of their children while they are registered pupils at the school;

and “parental declaration” means a declaration to be signed by a parent seeking the admission of his child to the school by which he acknowledges and accepts the parental responsibilities specified in the partnership document.

(3) In determining the provisions to be included in the admission arrangements for a school in pursuance of subsection (1), the admission authority shall have regard to any guidance given from time to time by the Secretary of State.

(4) The Secretary of State may by order provide that any form of words specified in the order, or having such effect as is so specified, is not to be used in a partnership document or (as the case may be) in a parental declaration.

(5) An order under subsection (4) may apply to any school or description of school specified in the order.

(6) Where a local education authority consult the governing body of a county or voluntary school under section 412(2)(a) or (b), the authority shall have particular regard to any representations by the governing body—

(a) that the admission arrangements for the school should include the provisions authorised by subsection (1), or

(b) as to the terms of the partnership document or parental declaration to be included in the arrangements, or

(c) as to any variation of those terms as for the time being so included,

as the case may be.

(7) In this section and section 413B—

• “admission arrangements”, in relation to a school, means the arrangements for the admission of pupils to the school; and

• “conditional place”, in relation to a child, means a place which is conditional on the child’s parent giving the admission authority a signed parental declaration.

413B Effect of home-school partnership document

(1) This section applies where the admission arrangements for a county or voluntary school include the provisions authorised by section 413A(1).

(2) The admission authority for the school shall, in the case of each child on behalf of whom an application for admission is made, notify his parent of the following matters, namely—

(a) the terms of the partnership document and the parental declaration, and

(b) the effect of the provisions of the admission arrangements authorised by section 413A(1)(b) and (c).

(3) Where subsection (2) has been complied with in relation to a child’s parent but—

(a) the parent has failed to comply with the condition referred to in section 413A(1)(b), and

(b) the admission authority are not satisfied that there are special reasons for dispensing with that condition to the required extent in the case of that child,

section 411(2) shall not require the admission of the child to the school; and, if he has been allocated a conditional place, the allocation of that place may be cancelled.

(4) In subsection (3) the reference to dispensing with the condition mentioned in that subsection “to the required extent”—

(a) is, where the parent gives the admission authority a signed parental declaration in relation to some but not the remainder of the parental responsibilities, a reference to dispensing with that condition so far as the remainder of those responsibilities are concerned; but

(b) is otherwise a reference to wholly dispensing with that condition.

(5) In performing any function under this section the admission authority shall have regard to any guidance given from time to time by the Secretary of State.

(6) A partnership document shall not be capable of creating any obligation in respect of whose breach any liability arises in contract or in tort.”

Chapter II Grant-maintained schools

14 Corresponding provisions about admissions to grant-maintained schools

(1) After section 425 of the [1996 c. 56.] Education Act 1996 there shall be inserted—

“425A Restrictions on admissions to grant-maintained schools

Schedule 33B to this Act, which provides for restrictions on admissions to grant-maintained schools in connection with—

(a) home-school partnership documents,

(b) partially-selective schools, and

(c) persons permanently excluded from two or more schools,

shall have effect.”

(2) After the Schedule 33A to the Education Act 1996 inserted by section 12 of this Act there shall be inserted as Schedule 33B the Schedule set out in Schedule 3 to this Act.

Part IV Baseline assessments and pupils' performance

Chapter I Baseline assessments

15 Introductory

In this Chapter—

• “baseline assessment scheme” means a scheme designed to enable pupils at a maintained primary school to be assessed for the purpose of assisting the future planning of their education and the measurement of their future educational achievements;

• “designated” means designated by the Secretary of State; and

• “maintained primary school” means a primary school which is—

  (a)

  a county or voluntary school,

  (b)

  a grant-maintained school, or

  (c)

  a maintained or grant-maintained special school (other than one established in a hospital),

  or (in relation only to Wales) a maintained nursery school.

16 Adoption of baseline assessment schemes

(1) The governing body of each maintained primary school with pupils who are required to be assessed under section 17 shall adopt a baseline assessment scheme for the school in accordance with the following provisions of this section; but subsections (2) to (5) below have effect subject to subsection (6).

(2) A baseline assessment scheme may be so adopted if (and only if) the scheme has been accredited by a designated body in accordance with criteria determined with the approval of the Secretary of State, and published, by that body.

(3) A local education authority may prepare, and seek accreditation of, a baseline assessment scheme with a view to its being adopted by the governing bodies of primary schools maintained by the authority.

(4) Each local education authority shall select an accredited baseline assessment scheme which they consider suitable to be so adopted (and which may be a scheme prepared by them under subsection (3)).

(5) However, in the case of any particular maintained primary school, the baseline assessment scheme which is to be adopted for the school under this section by its governing body shall be such scheme to which subsection (2) applies as is chosen—

(a) by the head teacher after consulting the governing body; or

(b) if such a scheme is not so chosen by him within a reasonable time, by the governing body;

and, when choosing the scheme to be adopted for a school which is maintained by a local education authority, the head teacher or (as the case may be) the governing body shall ensure that the scheme selected by the authority under subsection (4) is considered (whether on its own or with any other schemes).

(6) The Secretary of State may by order require the governing body of each maintained primary school with pupils who are required to be assessed under section 17 to adopt for their school such baseline assessment scheme as is referred to in the order; and so long as any such order is in force subsections (2) to (5) above shall not apply.

17 Assessment of pupils in accordance with scheme

(1) Subject to subsections (3) and (4), all pupils at a maintained primary school who are at the relevant stage of their education must be assessed in accordance with a baseline assessment scheme adopted for the school under section 16.

(2) The assessment must be completed before the end of the prescribed period.

(3) Subsection (1) does not apply to a pupil if it appears to the head teacher from a record of a previous assessment under that subsection that such an assessment has already been carried out in relation to the pupil at another school.

(4) Regulations may enable a head teacher of a maintained primary school, in such cases or circumstances and subject to such conditions as may be prescribed, to direct—

(a) that subsection (1) is not to apply to a particular registered pupil at the school, or

(b) that, for the purposes of the assessment under that subsection of a particular registered pupil at the school, the school’s baseline assessment scheme is to have effect with such modifications as are specified in the direction.

(5) Where the head teacher gives such a direction he shall notify—

(a) the governing body, and

(b) if the school is maintained by a local education authority, that authority,

of the matters set out in subsection (6); and he shall take such steps as are prescribed to notify a parent of the pupil concerned of those matters.

(6) The matters referred to in subsection (5) are—

(a) the fact that the head teacher has given the direction in question and his reasons for doing so;

(b) in the case of a direction under subsection (4)(b), the effect of the modifications specified in the direction; and

(c) whether the direction is to have permanent effect (and, if not, the period for which it is to have effect).

(7) In relation to any maintained primary school—

(a) the governing body and (except in the case of a grant-maintained or grant-maintained special school) the local education authority shall exercise their functions with a view to securing, and

(b) the head teacher shall secure,

that subsection (1) is complied with.

(8) Regulations shall prescribe the circumstances in which a pupil is to be regarded as being at the relevant stage of his education for the purposes of subsection (1), and any such circumstances may be framed by reference to, or to matters which include, the pupil’s age.

18 Regulations for purposes of this Chapter

(1) The Secretary of State may by regulations confer or impose such functions—

(a) on the governing body and the head teacher of a maintained primary school,

(b) (except in relation to any grant-maintained or grant-maintained special school) on a local education authority, and

(c) on a designated body,

as appear to him to be required in connection with any provision of this Chapter.

(2) Regulations under this section may in particular make provision requiring—

(a) the local education authority, or (in the case of a grant-maintained or grant-maintained special school) a designated body, to be notified—

(i) of the baseline assessment scheme for the time being adopted for any maintained primary school with pupils who are required to be assessed under section 17, and

(ii) where any assessment has been carried out under that section at any such school, that it has been so carried out;

(b) the results of any assessments carried out under that section to be recorded and notified—

(i) to such persons as are specified in the regulations, and

(ii) where the pupils in question transfer to other schools, to those other schools.

(3) Regulations under this section may also make provision requiring a local education authority—

(a) to notify a designated body of any assessments notified to the authority in pursuance of regulations under subsection (2)(a)(ii); and

(b) to collect other information relating to assessments carried out under section 17 at schools maintained by the authority and to forward such information to a designated body.

Chapter II Pupils' performance

19 School performance targets

(1) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for requiring the governing bodies of maintained schools to secure that annual targets are set in respect of the performance of pupils—

(a) in public examinations or in assessments for the purposes of the National Curriculum, in the case of pupils of compulsory school age; or

(b) in public examinations or in connection with the attainment of other external qualifications, in the case of pupils of any age over that age.

(2) Regulations under this section may require—

(a) such targets, and

(b) the past performance of pupils in the particular examinations or assessments, or in connection with the attainment of the particular qualifications, to which such targets relate,

to be published in such manner as is specified in the regulations.

(3) In this section “maintained school” means—

(a) a county or voluntary school;

(b) a grant-maintained school; or

(c) a maintained or grant-maintained special school (other than one established in a hospital).

20 Provision of information about individual pupils' performance

After section 537 of the [1996 c. 56.] Education Act 1996 there shall be inserted—

“537A Provision of information about individual pupils' performance

(1) The Secretary of State may by regulations make provision requiring—

(a) the governing body of every school which is—

(i) maintained by a local education authority, or

(ii) a grant-maintained school, or

(iii) a special school which is not maintained by a local education authority, and

(b) the proprietor of each independent school,

to provide to the Secretary of State such individual performance information relating to pupils or former pupils at the school as may be prescribed.

(2) In this section “individual performance information” means information about the performance of individual pupils (identified in the prescribed manner)—

(a) in any assessment made for the purposes of the National Curriculum or in accordance with a baseline assessment scheme (within the meaning of Chapter I of Part IV of the Education Act 1997);

(b) in any prescribed public examination;

(c) in connection with the attainment of any vocational qualification; or

(d) in any such other assessment or examination, or in connection with the attainment of any such other qualification, as may be prescribed.

(3) The Secretary of State may provide any information received by him by virtue of subsection (1)—

(a) to any prescribed body or person, or

(b) to any body or person falling within a prescribed category.

(4) Any body or person holding any individual performance information may provide that information to any body to which this subsection applies; and any body to which this subsection applies—

(a) may provide any information received by it under this subsection—

(i) to the Secretary of State, or

(ii) to the governing body or proprietor of the school attended by the pupil or pupils to whom the information relates; and

(b) may, at such times as the Secretary of State may determine,