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The School Organisation Proposals by the National Council for Education and Training for Wales Regulations 2004

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2.—(1) In these Regulations —

“the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998;

“the 2000 Act” (“Deddf 2000”) means the Learning and Skills Act 2000;

“16 to 19 institution” (“sefydliad 16 i 19 oed”) means a maintained school which —

(a)

provides full-time education suitable to the requirements of pupils over compulsory school age, and

(b)

does not provide full-time education suitable to the requirements of pupils of compulsory school age;

the Council” (“y Cyngor”) means the National Council for Education and Training for Wales;

“further education college” (“coleg addysg bellach”) means an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992)(1);

“mainstream school” (“ysgol brif ffrwd”) means a maintained school other than a special school;

“maintained school” (“ysgol a gynhelir”) has the same meaning as in the 1998 Act;

“the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;

“proposals to discontinue a sixth form” (“cynigion i gau chweched dosbarth”) means proposals such as are mentioned in paragraph 20(1) of Schedule 7;

“relevant age group” (“grŵ p oedran perthnasol”) has the meaning given to it by section 142(1) of the 1998 Act;

“relevant sixth form age group” (“grŵ p chweched dosbarth perthnasol”) means an age group in which pupils are normally admitted (or, as the case may be, will normally be admitted) to the school for sixth form education;

“sixth form education” (“addysg chweched dosbarth”) means full-time education at a school suitable to the requirements of pupils over compulsory school age but below the age of 19;

“special school” (“ysgol arbennig”) means a community or foundation special school;

“statement of special educational needs” (“datganiad o achos anghenion addysgol arbennig”) means a statement of special educational needs maintained under Part IV of the Education Act 1996(2);

“the upper age limit” (“terfyn uchaf oedran”) of a school means the highest age of pupils for whom education is normally provided at the school.

(2) Any reference to section 113A, Schedule 7 or Schedule 7A is a reference to section 113A of, or Schedule 7 or Schedule 7A to, the 2000 Act as appropriate.

(3) For the purposes of these Regulations the capacity of a school is to be determined in accordance with Schedule 1 to the Education (School Organisation Proposals) (Wales) Regulations 1999(3).

(4) For the purposes of these Regulations the date of publication of proposals is —

(a)the date on which the requirements of regulation 5 or 12 (as the case may be) are satisfied; or

(b)where different requirements are satisfied on different dates, the last of such dates.

(5) Part 1 of Schedule 3 applies for the purpose of the interpretation of the terms contained in Parts 2 to 6 of that Schedule.

(3)

S.I. 1999/1671.

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