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2.—(1) Regulation 1 of the Education (Independent Educational Provision in England) (Inspection Fees) Regulations 2009(1) (citation, commencement, application and interpretation) is amended as follows.
(2) In paragraph (3), for the definitions of “large school” and “small school”, substitute—
““large school” means a school which, on the annual return date for the school for the calendar year in question, has more than 150 pupils who have attained the age of three or who are older;
“small school” means a school which, on the annual return date for the school for the calendar year in question, has 150 or fewer pupils who have attained the age of three or who are older.”.
(3) For paragraph (5), substitute—
“(5) In paragraph (3), a reference to the number of pupils of a school who have attained the age of three on the annual return date for the school for the calendar year in question is a reference to the number of pupils who attained that age during the period of 12 months ending with the 31st August immediately preceding the calendar year in question.”.
(4) In paragraph (6), for “paragraph (5)”, substitute “this regulation”.
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