The Education Act 1996 (Infant Class Sizes) (Modification) Regulations 1998

4.—(1) In section 426 of the 1996 Act, after subsection (4) there shall be inserted the following new subsections

“(5) Where

(a) the governing body are seeking approval for a reduction of any approved admission number applicable to admissions to an infant class, and

(b) the Secretary of State is satisfied that the admission to the school in any school year of a number of children in any relevant age group equal to the approved admission number would result in prejudice to the provision of efficient education or the efficient use of resources by reason of any qualifying measures,

the Secretary of State shall approve a reduction in that approved admission number by the smallest number which he considers sufficient to avoid such prejudice arising.

(6) Where an order under section 27(1) relating to primary education applies to the area of the local education authority in which the school is situated, subsection (5) shall have effect as if the references to the Secretary of State were to the funding authority.”.

(2) This paragraph applies at any relevant time falling before the commencement of paragraph 6(5) of Schedule 23 to the 1998 Act (in relation to any school in England), or paragraph 10(5) of that Schedule (in relation to any school in Wales).