The Education (Infant Class Sizes) (Wales) Regulations 1998

Interpretation

2.—(1) In these Regulations—

“the 1996 Act” means the Education Act 1996(1);

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

“admission arrangements”, in relation to a school, means the arrangements for the admission of pupils to the school, including the school’s admission policy, as published under—

(a)

in the case of a school which is not a grant-maintained school, section 414 of the 1996 Act(2) or section 92 of the 1998 Act(3); or

(b)

in the case of a grant-maintained school, the articles of government of the school;

“admission school year”, in relation to a pupil in an infant class at any school, means the school year in which he was first admitted to that school;

“child with a statement” means a child in relation to whom a statement is maintained by an LEA;

“class” and “infant class” in each case has the meaning given by section 4 of the 1998 Act;

“LEA” means a local education authority;

“ordinary teaching session” has the meaning given by section 4 of the 1998 Act;

“pupil” has the meaning given by section 3(1) of the 1996 Act(4);

“qualified teacher” has the meaning given by section 4 of the 1998 Act;

“reception class” has the meaning given by section 142(1) of the 1998 Act;

“relevant person”, in relation to a school, means the body or person responsible under the school’s admission arrangements for determining which children should be admitted to the school;

“school” means—

(a)

in relation to any time before the appointed day (which is defined in section 20(7) of the 1998 Act)—

(i)

a county, voluntary or maintained special school, or

(ii)

a grant-maintained school,

within the meaning of the 1996 Act; and

(b)

in relation to any time on or after that day, a maintained school (which is also defined in section 20(7) of the 1998 Act);

“special school” has the meaning given in section 337 of the 1996 Act(5);

“statement” means a statement of special educational needs made by an LEA pursuant to section 324 of the 1996 Act(6);

“suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and any special educational needs he may have.

(2) For the purposes of these Regulations a child shall be treated as having been admitted to a school outside a normal admission round where paragraph (3) or (4) applies to him.

(3) This paragraph applies to a child where, at the time of his admission to the school, he did not fall within an age group in which pupils are normally admitted to the school.

(4) This paragraph applies to a child where—

(a) at the time of his admission to the school, he fell within an age group in which pupils are normally admitted to the school;

(b) the number of pupils in that age group seeking admission to the school in the admission school year was greater than the number of pupils which it was intended to admit to the school in that age group in that year; and

(c) he was offered a place at the school after the time when the relevant person had determined, in accordance with the school’s admission arrangements, which children in that age group were to be admitted to the school.

(5) Children admitted to a school for nursery education and subsequently transferred to a reception class at the school, shall be regarded for the purposes of these Regulations as admitted to the school on being so transferred.

(1)

1996 c. 56.

(2)

Section 414 is prospectively repealed by Schedule 31 to the 1998 Act.

(3)

Section 92 is not yet in force.

(4)

Section 3(1) of the 1996 Act was amended by paragraph 9 of Schedule 7 to the Education Act 1997 (c. 44).

(5)

Section 337 of the 1996 Act is prospectively substituted by paragraph 80 of Schedule 30 to the 1998 Act.

(6)

Section 324 is prospectively amended by paragraph 77 of Schedule 30 to the 1998 Act.