The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2006

Amendment of the Education (School Organisation Proposals) (Wales) Regulations 1999

11.—(1) The Education (School Organisation Proposals) (Wales) Regulations 1999(1) are amended as follows in relation to the school year 2008-09 and subsequent school years.

(2) For regulation 2(2) substitute the following paragraph—

“(2) For the purposes of these Regulations the capacity of a school is to be determined in accordance with the capacity assessment method set out in the guidance document “Measuring the capacity of schools in Wales” issued by the National Assembly(2).”.

(3) In regulation 5, omit from paragraph (1) the words “and paragraph 9(1)(a) of Schedule 23” and “and paragraph 9 of Schedule 23”, and omit sub-paragraph (3)(c).

(4) In regulation 6, omit from paragraph (1) the words “, and paragraph 9(1)(b) of Schedule 23 to,” and “, and paragraph 9 of Schedule 23 to,”, and omit paragraph (3).

(5) In regulation 7, omit from paragraph (1)(a) the words “and paragraph 9(6) of Schedule 23” and from paragraph (2) the words “or paragraph 9 of Schedule 23”.

(6) Omit regulation 11.

(7) Omit Schedule 1.

(8) In Schedule 3, omit Part V and the heading to that Part.

(9) In Schedule 4—

(a) in paragraph 1 insert the following definition in the appropriate alphabetical order—

““admission number” means the number of pupils in any relevant year group intended to be admitted in any school year as determined by an admission authority in accordance with section 89A(1) of the Act(3);”;

(b) in paragraphs 5(a), 6(a), 20(a) and 38(a), substitute for “the standard number” the words “the admission number”; and

(c) omit Part VI and the heading to that Part.

(1)

S.I. 1999/1671 as amended by S.I. 2004/908 (W.91).

(2)

This guidance is available on the National Assembly website at www.learning.wales.gov.uk.

(3)

Section 89A was inserted by section 47(2) of the Education Act 2002 (c. 32).