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A

BILL

TO

Make provision about the disclosure and use of information relating to
persons who are or have been in education or training.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Student information

(1) After section 253 of the Apprenticeships, Skills, Children and Learning Act
2009 insert—

Student information

253A 5Student information

(1) A person in England may, in prescribed circumstances, provide
student information of a prescribed description to—

(a) the Secretary of State,

(b) an information collator,

(c) 10a prescribed person, or

(d) a person falling within a prescribed category.

(2) A person in Wales may, in prescribed circumstances, provide student
information of a prescribed description to—

(a) the Welsh Ministers,

(b) 15an information collator,

(c) a prescribed person, or

(d) a person falling within a prescribed category.

(3) In subsection (2) “prescribed” means prescribed in regulations made by
the Welsh Ministers.

(4) 20Subject to subsection (5)(a), information received under or by virtue of
this section is not to be published in any form which identifies the
individual to whom it relates.

Education (Information Sharing) BillPage 2

(5) This section—

(a) does not affect any power to provide or publish information
which exists apart from this section, and

(b) is subject to any express restriction on the provision of
5information imposed by another enactment.

(6) In this section—

(2) In section 262 of the Apprenticeships, Skills, Children and Learning Act 2009
(orders and regulations)—

(a) 20in subsection (1) (orders and regulations to be made by statutory
instrument etc) after “Part 3 or 4” insert “, or section 253A”, and

(b) in subsection (9) (statutory instruments which are subject to annulment
in pursuance of a resolution of the National Assembly for Wales if
containing regulations etc made by the Welsh Ministers) for “or 107”
25substitute “, 107 or 253A”.

2 Destination information

(1) Before section 50 of the Further and Higher Education Act 1992 insert—

49B Destination information

(1) The Secretary of State may provide destination information to the
30governing body of an institution in England within the further
education sector.

(2) The Welsh Ministers may provide destination information to the
governing body of an institution in Wales within the further education
sector.

(3) 35In this section “destination information”, in relation to an institution,
means information which—

(a) relates to a former student of the institution, and

(b) includes information as to prescribed activities of the former
student after leaving the institution.

(4) 40Regulations under subsection (3)(b) which prescribe activities as to
which the Welsh Ministers may provide information are to be made by
the Welsh Ministers.

(5) Subject to subsection (6)(a), information received under this section is
not to be published in any form which identifies the individual to
45whom it relates.

Education (Information Sharing) BillPage 3

(6) This section—

(a) does not affect any power to provide or publish information
which exists apart from this section, and

(b) is subject to any express restriction on the provision of
5information imposed by another enactment.

(2) In section 61(1) of that Act (interpretation of Part 1), in the definition of
“regulations”, after “Secretary of State” insert “, unless the context otherwise
requires”.

(3) Section 89 of that Act (procedure for making regulations etc) is amended as
10follows.

(4) After subsection (2) insert—

(2A) The power of the Welsh Ministers to make regulations under section
49B(3)(b) is to be exercised by statutory instrument.

(5) In subsection (3) (statutory instruments not subject to annulment in pursuance
15of a resolution of either House of Parliament etc) for “or (3B) or” substitute “,
(3B) or (3C) or containing”.

(6) After subsection (3B) insert—

(3C) A statutory instrument which contains regulations under section
49B(3)(b) made by the Welsh Ministers is subject to annulment in
20pursuance of a resolution of the National Assembly for Wales.

3 Information for evaluating effectiveness of education and training etc

(1) Part 3 of the Education and Skills Act 2008 is amended as follows.

(2) In section 87(4) (functions in relation to which benefit and training information
may be disclosed)—

(a) 25in paragraph (a) omit “provided for persons who have attained the age
of 19”, and

(b) in paragraphs (b) and (c) omit “such”, in each place.

(3) Omit section 91(6) (references to education do not include references to higher
education).

(4) 30Omit the italic heading before section 87.

(5) For the Part title substitute “Information for evaluating effectiveness of
education and training etc”.

4 Short title, commencement and extent

(1) This Act may be cited as the Education (Information Sharing) Act 2013.

(2) 35Sections 1 and 2 come into force at the end of the period of two months
beginning with the day on which this Act is passed.

(3) Section 3 comes into force on such day as the Secretary of State appoints by
order made by statutory instrument.

(4) This section comes into force on the day on which this Act is passed.

(5) 40Sections 1 and 2 extend to England and Wales only.

Education (Information Sharing) BillPage 4

(6) Section 3 and this section extend to England and Wales and Scotland.

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