Infant Class Sizes (Admission and Standard Numbers) (England) Regulations 2000

JurisdictionUK Non-devolved
CitationSI 2000/180
Year2000

2000 No. 180

EDUCATION, ENGLAND

The Infant Class Sizes (Admission and Standard Numbers) (England) Regulations 2000

Made 28th January 2000

Laid before Parliament 31th January 2000

Coming into force 21th February 2000

In exercise of the powers conferred on the Secretary of State by sections 93(8) and (9) and 138(7) of the School Standards and Framework Act 19981and of all other powers enabling him in that behalf, the Secretary of State for Education and Employment hereby makes the following Regulations:

S-1 Citation, commencement and application

Citation, commencement and application

1.—(1) These Regulations may be cited as the Infant Class Sizes (Admission and Standard Numbers) (England) Regulations 2000 and shall come into force on 21st February 2000.

(2) These Regulations apply in relation to the admission of children to maintained schools in England for education in an infant class in the 2000–2001 school year.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

the 1996 Act” means the Education Act 19962;

“the 1998 Act” means the School Standards and Framework Act 1998;

“the Transitional Provisions Regulations” means the Education (Infant Class Sizes) (Transitional Provisions) Regulations 19983;

“Schedule 23” means Schedule 23 to the 1998 Act;

“designated provisions” means the following provisions of the 1998 Act—

(a) section 93(1) (admission authority not to fix an admission number which is less than the relevant standard number);

(b) section 86(5) (prejudice not to be taken to arise from the admission to a maintained school of a number of pupils in a relevant age group which does not exceed the relevant standard number);

“maintained school” means a community, foundation or voluntary school which contains an infant class;

“qualifying prejudice” means prejudice to the provision of efficient education or the efficient use of resources by reason of measures required to be taken in order to ensure compliance with the duty imposed by section 1(6) of the 1998 Act;

“revised admission number” means the number of children in a relevant age group whom it is intended to admit to a maintained school in the school year 2000–2001, in substitution for any admission number or (as the case may be) approved admission number previously fixed in accordance with section 93 of the 1998 Act or section 416 or 426 of the 1996 Act and which would otherwise apply.

(2) Unless the context otherwise requires, words or expressions used in these Regulations set out in the first column of the following table shall have the meanings attributed to them by the provisions of the 1998 Act set out opposite thereto in the second column.

adjudicator

section 25(3)

admission arrangements

section 88(2)

admission authority

section 88(1)

infant class

section 4

relevant age group

section 142(1)

school organisation committee

section 24(4)

relevant standard number

section 84(6)

S-3 Suspension of designated provisions of the 1998 Act

Suspension of designated provisions of the 1998 Act

3.—(1) This regulation applies to—

(a)

(a) a maintained school—

(i) whose admission authority have before 21st February 2000 carried out a review (as defined in paragraph 2(a) below) of any relevant standard number or (as the case may be) an approved admission number applicable to admissions to an infant class at that school, and

(ii) in relation to which a relevant application (as defined in paragraph 2(b) below) has been submitted to the Secretary of State or (as the case may be) the school organisation committee; but

(iii) no determination has been made before the date referred to in sub-paragraph (a)(i) above in relation to that application by the Secretary of State or (as the case may be) the school organisation committee or the adjudicator.

(b)

(b) a maintained school—

(i) in relation to which a certificate pursuant to regulation 3(1) of the Transitional Provisions Regulations was given by the Secretary of State relating to the 1999–2000 school year, and

(ii) whose admission authority have not before 21st February 2000 published in accordance with paragraph 5(1) of Schedule 23 their proposals relating to the variation of the relevant standard number which they intend to apply for under paragraph 4(4) of that Schedule; or

(c)

(c) a maintained school in relation to which, following an application submitted by or on behalf of the admission authority, the Secretary of State certifies that, in his opinion, the admission to that school in the 2000–2001 school year of a number of children in any relevant age group equal to the relevant standard number may result in qualifying prejudice (whether that prejudice would arise in that school year or in any subsequent year).

(2) For the purposes of paragraph (1)—

(a)

(a) a “review” means—

(i) the review required under paragraph 11 of Schedule 23 of the relevant standard number applicable to admissions to an infant class at a maintained school;

(ii) the review required under section 421A(2) of the 1996 Act4of the relevant standard number applicable to admissions to an infant class at a school which was formerly a county or voluntary school within the meaning of that Act; or

(iii) the review required under section 426A(2) of the 1996 Act5of the approved admission number applicable to admissions to an infant class at a school which was formerly a grant-maintained school within the meaning of the 1996 Act.

(b)

(b) a “relevant application” means—

(i) an application for a decision under paragraph 4(2) of Schedule 23 varying any relevant standard number to such number as will be...

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