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School Standards and Framework Act 1998

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Changes to legislation:

School Standards and Framework Act 1998, Chapter I is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 14(3)(aa) inserted by 2011 nawm 7 s. 16(2) (Amendment not applied to legislation.gov.uk - s.16(02) of 2011 nawm007 omitted by 2013 nawm001 s. 100(4), Sch. 5 para. 13(2); S.I. 2014/178, art. 2(f) (with art. 3) prior to commencement)
  • s. 18B inserted by 2011 nawm 7 s. 16(3) (Amendment not applied to legislation.gov.uk - s.16(02) of 2011 nawm007 omitted by 2013 nawm001 s. 100(4), Sch. 5 para. 13(2); S.I. 2014/178, art. 2(f) (with art. 3) prior to commencement)
  • Sch. 22 para. 5(1B) inserted by 2023 c. 55 s. 235(4)

Chapter IE+W Limit on infant class sizes

1 Duty to set limit on infant class sizes.E+W

(1)The Secretary of State shall by regulations—

(a)impose a limit on class sizes for infant classes at maintained schools; and

(b)specify the school years in relation to which any such limit is to have effect.

(2)Any limit imposed under this section shall specify the maximum number of pupils that a class to which the limit applies may contain while an ordinary teaching session is conducted by a single [F1school teacher].

(3)Subject to subsections (4) and (5), regulations under this section shall be so framed that—

(a)the maximum number specified in pursuance of subsection (2) is 30, and

(b)that limit has effect in relation to the 2001-02 school year and any subsequent year.

(4)Regulations under this section may—

(a)provide for any limit imposed under this section to take effect—

(i)at the same time in the case of each of the age groups into which the pupils in infant classes fall, or

(ii)at different times (which may be earlier than the beginning of the school year mentioned in subsection (3)) in the case of different such age groups;

(b)provide that, in any circumstances specified in the regulations, any such limit either is not to apply or is to operate in such manner as is so specified.

(5)The Secretary of State may by order amend subsection (3)—

(a)by substituting for “30” such other number as is specified in the order; or

(b)by substituting for the reference to the 2001-02 school year a reference to such other school year as is so specified.

(6)Where any limit imposed under this section applies to an infant class at a maintained school, the [F2local authority] and the governing body shall exercise their functions with a view to securing that that limit is complied with in relation to that class.

Textual Amendments

F1Words in s. 1 substituted (19.12.2002 for W., 1.8.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 87 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/1667, art. 3

F2Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

Modifications etc. (not altering text)

C1S. 1 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8.

S. 1 applied (with modifications) (1.9.1999) by S.I 1999/2800, reg. 7, Sch. paras. 1, 2-8.

C4S. 1(6) excluded (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 43(3), 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F32 Plans by LEAs for reducing infant class sizes.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3S. 2 repealed (1.3.2005 for E., 1.9.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 1; S.I. 2005/394, art. 2(1)(l); S.I. 2006/885, art. 2(3)(b)

3 Payment of grant in connection with reductions in infant class sizes.E+W

[F4(1)Regulations shall make provision for the payment by the Secretary of State of grants to [F5local authorities] in respect of expenditure incurred or to be incurred by them for the purpose of securing that any limit imposed under section 1 is complied with in relation to infant classes at schools maintained by them.

(2)Regulations under this section shall provide for the Secretary of State—

(a)to withhold grants under the regulations from a [F2local authority] where no proposed arrangements by that authority have been approved by him under section 2; and

(b)when determining whether any grant (and, if so, what amount) should be paid by him under the regulations to a [F2local authority], to have regard to their proposed arrangements as so approved.

(3)Regulations under this section may provide—

(a)for the payment of grant under the regulations to be dependent on the fulfilment of such conditions as may be determined by or in accordance with the regulations, and

(b)for requiring [F5local authorities] to whom payments have been made under the regulations to comply with such requirements as may be so determined.]

Textual Amendments

F2Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

Modifications etc. (not altering text)

C6S. 3 modified (1.9.1998) (temp.) by S.I. 1998/1968, reg.2

4 Interpretation of Chapter I.E+W

In this Chapter—

  • class” means a group in which pupils are taught in an ordinary teaching session;

  • infant class” means a class containing pupils the majority of whom will attain the age of five, six or seven during the course of the school year;

  • ordinary teaching session” does not include a school assembly or other school activity usually conducted with large groups of pupils;

  • [F6school teacher” means a person who is a school teacher for the purposes of section 122 of the Education Act 2002 (determination of school teachers’ pay and conditions)]

Textual Amendments

F6Words in s. 4 substituted (19.12.2002 for W., 1.8.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 88 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/1667, art. 3

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