EDUCATION, ENGLAND AND WALES Citation, commencement and interpretation 1 1 These Regulations may be cited as the Education (School Performance Information) (England) (Amendment) (No. 3) Regulations 1997 and shall come into force on 17th December 1997. 2 Any reference in these Regulations to the principal Regulations is a reference to the Education (School Performance Information) (England) Regulations 1996 . Amendment 2 1 In regulation 2(1) of the principal Regulations (interpretation) there shall be inserted at the end of the definition of “reporting school year” the words “or, as the case may be, local education authorities”. 2 There shall be inserted after regulation 12, the following regulation— Publication of performance information about primary schools by local education authorities 13 1 Each authority shall publish the information about schools in its area referred to in paragraphs (2) and (3), together with the supplementary information referred to in paragraph (4), in the form and manner referred to, respectively, in paragraphs (5) and (6). 2 The information to be published is information for the reporting school year provided to the Secretary of State under these Regulations consisting of, in respect of each county, voluntary and grant-maintained primary or middle deemed secondary school (existing after 1st January 1998) in the area of the authority which has registered pupils at or near the end of the final year of the second key stage, the following— a the number of registered pupils at or near the end of the final year of the second key stage; and b in the case of each such school which has eleven or more registered pupils at or near the end of the final year of the second key stage— i the percentage of such pupils who, in respect of each core subject, achieved level 4 or above of the National Curriculum level scale as determined by NC tests and by teacher assessment; ii the percentage of such pupils who, in respect of each core subject, failed to achieve a level on the National Curriculum level scale because they were exempted from an NC test under section 364 or 365 of the 1996 Act or were absent on the day that the test was administered; and iii the percentage of such pupils who, in respect of each core subject, failed to achieve a level on the National Curriculum level scale because they were exempted from teacher assessment under section 364 or 365 of the 1996 Act or there is no teacher assessment result available because of their absence. 3 The information to be published is the information for the reporting school year referred to in Schedule 6 and provided to the Secretary of State under these Regulations by the governing body of every county, voluntary and grant-maintained primary or middle deemed secondary school. 4 The supplementary information to be published consists of the following— a information calculated by the Secretary of State giving the average percentage of pupils at or near the end of the final year of the second key stage in the reporting school year at, respectively,— i all maintained schools providing primary education in the area of the authority, and ii all maintained schools providing primary education in England who, in respect of each core subject, achieved level 4 or above of the National Curriculum level scale as determined by the results of NC tests and by teacher assessment; b whether, in respect of each county, voluntary and grant-maintained primary or middle deemed secondary school in the area of the authority— i the school is the holder of a Charter Mark awarded by the Citizen’s Charter Unit ; ii no information, or only some information, under paragraph (2) is published pursuant to paragraph (1) for the school because the governing body of the school failed to provide the information concerned to the Secretary of State; iii no information under paragraph (2) is published pursuant to paragraph (1) for the school because the governing body of the school was unable to provide the information to the Secretary of State for reasons beyond its control; iv no information under paragraph (2) is published pursuant to paragraph (1) for the school because the school had 10 or fewer registered pupils at or near the end of the final year of the second key stage in the reporting school year; v the governing body of the school failed to confirm to the Secretary of State that they have checked the information referred to in paragraph (2); or vi the governing body of the school failed to confirm to the Secretary of State that they have checked the information referred to in Schedule 6. 5 The information referred to in paragraphs (2), (3) and (4) shall be published in the form specified in Schedule 7 , or a form to like effect, provided that the information referred to in paragraph (4) (a) shall be included on every printed page so published. 6 a The information referred to in paragraphs (2) to (4) shall be published in the following manner. b the information shall be published without charge before 24th January in each year by— i providing three copies of a document and a computer disk containing the information to the Secretary of State; ii providing copies of the document containing the information to the governing body of every maintained school and the proprietor of every CTC in the area of the authority; iii providing a copy of the document containing the information to any person providing nursery education, other than at a school, in the area of the authority; iv making available copies of the document containing the information at each public library in the area of the authority; and vi making available copies of the document or a computer disk containing the information to the editor of any newspaper circulating in the area of the authority who requests such copies or disk. . 3 There shall be inserted after Schedule 6 to the principal Regulations (provision of general information to the Secretary of State: primary schools and middle deemed secondary schools) the Schedule set out in Schedule 1 to these Regulations. Estelle Morris Parliamentary Under-Secretary of State, Department for Education and Employment 25th November 1997