3.—(1) This regulation shall apply where:
(a)the school, to which the middle school proposals relate, has a wider secondary age range of pupils than of primary age range pupils; or
(b)the school proposes to provide education for pupils until or beyond compulsory school age; and
(c)(where sub-paragraph (b) applies) the Secretary of State has not made a determination under regulation 5.
(2) In such a case, the middle school to which the proposals relate shall be deemed for Education Act purposes to be a secondary school.