The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007

Increase in number of pupils

19.—(1) Except where the school is established in a hospital, any increase in the number of pupils for whom the school is organised to make provision which, when taken together with all such previous increases in the number of pupils would increase the number of such pupils by 10% or the relevant number of 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.

(2) In this paragraph—

the “appropriate date” means whichever is the latest of the following dates—

(a)

the date falling 5 years before the date on which the governing body publish proposals to increase the number of pupils for which the school is organised to make provision;

(b)

the date when the school was established;

(c)

where any proposals for the making of a prescribed alteration to the school consisting of an increase in the number of pupils have been approved under paragraph 3 or 4 of Schedule 6 or paragraph 8 or 9 of Schedule 7 to SSFA 1998, or under these Regulations, the date (or latest date) on which the last of any such proposals were implemented;

the “relevant number of pupils” is 5 where the school only makes boarding provision and 20 in any other case.