Background and Purpose
These Regulations amend –
(a) The Education (Information About Individual Pupils) (Wales) Regulations 2007 (S.I. 2007/3562 (W. 312)); and
(b) The Education (Information About Children in Alternative Provision) (Wales) Regulations 2009 (S.I. 2009/3355 (W. 294)).
The aim of these Regulations is to enable the Welsh Government to collect a more comprehensive range of Additional Learning Needs data about children and young people educated in Wales through education statutory data collections, allowing them to align with the Additional Learning Needs and Education Tribunal (Wales) Act 2018.
These Regulations set out the additional information that the Welsh Government may collect about children and young people in maintained school or alternative provision in Wales through the pupil level annual school census, and the educated other than at school census.
Procedure
Senedd annulment procedure.
These Regulations were made by the Welsh Ministers before they were laid before the Senedd. The Senedd can annul the Regulations within 40 days (excluding any days when the Senedd is: (i) dissolved, or (ii) in recess for more than four days) of the date they were laid before the Senedd.
Technical Scrutiny
No points are identified for reporting under Standing Order 21.2 in respect of this instrument.
Merits Scrutiny
One point is identified for reporting under Standing Order 21.3 in respect of this instrument.
1. Standing Order 21.3(ii) – that it is of political or legal importance or gives rise to issues of public policy likely to be of interest to the Senedd
Paragraph 1.6 of the Explanatory Memorandum accompanying these Regulations states as follows in relation to the new data requirements introduced by the Regulations:
“The introduction of the new data requirements have implications for data protection, privacy, and administrative burden. The Welsh Government has engaged with the Infrormation Commissioner’s Office (ICO) to ensure compliance with UK GDPR and the Data Protection Act 2018. A Data Protection Impact Assessment (DPIA) has been completed and will be kept under review.”
Welsh Government response
A Welsh Government response is not required.
Legal Advisers
Legislation, Justice and Constitution Committee
4 March 2026