Regulation 3
1. Except where the school is established in a hospital an increase in the number of pupils for whom the school makes provision which, when taken with all such previous increases in the number of pupils, would increase the number of such pupils by 10% or the relevant number of such pupils (whichever is the lesser) as compared with–
(a)the number of such pupils on the appropriate date; or
(b)if, at any time after that date the number of such pupils was lower than on that date, the lowest number at any such time.
In this paragraph–
“the appropriate date” means whichever is the latest of the following dates–
the date falling five years before the date on which the local education authority or, as the case may be, the governing body, form the intention to increase the number of pupils for which the school makes provision;
the date when the school was established;
where any proposals for the making of a prescribed alteration to the school consisting of an increase in the number of pupils for which the school makes provision have been approved under–
where the local education authority or the Assembly have determined to implement or adopt (as the case may be) any proposals for the making of a prescribed alteration to the school consisting of an increase in the number of pupils for which the school makes provision under paragraph 9 of Schedule 6 or paragraph 14 of Schedule 7 to the Act the date (or latest date) on which any such proposals were implemented; and
“the relevant number of pupils” is 5 where the school only makes boarding provision and 20 in any other case.
2. The alteration of the upper or lower age limits of the school (that is to say the highest and the lowest ages of pupils for whom education is normally provided at the school).
3. An alteration to a school to provide that–
(a)a school which was an establishment which admitted pupils of one sex only becomes an establishment which admits pupils of both sexes; or
(b)a school which was an establishment which admitted pupils of both sexes becomes an establishment which admits pupils of one sex only.
4.—(1) The introduction or ending of boarding provision.
(2) Where the school makes provision for day pupils and boarding pupils, the alteration of boarding provision such that the number of pupils for whom boarding provision is made is increased or decreased by 5 pupils.
5. A change in the type of special educational needs for which the school is organised to make provision.
6.—(1) In the case of a school at which one or more (but not all) relevant subjects are taught (wholly or mainly) through the medium of English to any age group of pupils at the school, an alteration to the school such that the number of relevant subjects taught to pupils in that age group which are taught (wholly or mainly) through the medium of Welsh would be increased or decreased by–
(a)3 or more, in the case of age groups of pupils who are in the first key stage and age groups of pupils who are in the second key stage, or
(b)4 or more, in the case of age groups of pupils who are in the third key stage and age groups of pupils who are in the fourth key stage.
(2) In the case of a school at which one or more (but not all) relevant subjects are taught (wholly or mainly) through the medium of Welsh to any age group of pupils at the school, an alteration to the school such that the number of relevant subjects taught to pupils in that age group which are taught (wholly or mainly) through the medium of English would be increased or decreased by–
(a)3 or more, in the case of age groups of pupils who are in the first key stage and age groups of pupils who are in the second key stage, or
(b)4 or more, in the case of age groups of pupils who are in the third key stage and age groups of pupils who are in the fourth key stage.
(3) In the case of a school at which there is any age group of pupils who are taught (wholly or mainly) through the medium of English every relevant subject which is taught to pupils in that age group, an alteration to the school such that–
(a)2 or more of those subjects, in the case of age groups of pupils who are in the first key stage and age groups of pupils who are in the second key stage, or
(b)3 or more of those subjects, in the case of age groups of pupils who are in the third key stage and age groups of pupils who are in the fourth key stage, would be taught (wholly or mainly) through the medium of Welsh to pupils in that age group.
(4) In the case of a school at which there is any age group of pupils who are taught (wholly or mainly) through the medium of Welsh every relevant subject which is taught to pupils in that age group, an alteration to the school such that–
(a)2 or more of those subjects, in the case of age groups of pupils who are in the first key stage and age groups of pupils who are in the second key stage, or
(b)3 or more of those subjects, in the case of age groups of pupils who are in the third key stage and age groups of pupils who are in the fourth key stage, would be taught (wholly or mainly) through the medium of English to pupils in that age group.
(5) In the case of a school at which any relevant subject is taught to any pupils (wholly or mainly) through the medium of English, an alteration to the school such that all pupils at the school would be taught all relevant subjects (wholly or mainly) through the medium of Welsh.
(6) In the case of a school at which any relevant subject is taught to any pupils (wholly or mainly) through the medium of Welsh, an alteration to the school such that all pupils at the school would be taught all relevant subjects (wholly or mainly) through the medium of English.
(7) For the purposes of this paragraph, the following are relevant subjects–
(a)religious education, and
(b)the subjects other than English and Welsh which are foundation subjects, within the meaning of section 354 of the Education Act 1996, in relation to one or more key stages (whether or not they are foundation subjects in relation to the pupils concerned).
(8) For the purposes of this paragraph–
(a)“age group of pupils” means an age group of pupils who are normally taught together in an ordinary teaching session; and
(b)“ordinary teaching session” does not include a school assembly or other school activity conducted with large groups of pupils, and references to key stages shall be construed in accordance with section 355 of the Education Act 1996.
7. The transfer of a school to a new site except the transfer to a site which formerly consisted of playing fields (within the meaning of section 77 of the Act) used by the school.
1993 c. 35. Section 184 was repealed by Schedule 38 to the Education Act 1996.
1996 c. 56. Section 340 is prospectively repealed by Schedule 31 to the Act.