The Education (Middle School) (England) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Education (Middle School) Regulations 1980 as amended by the Education (Middle School) (Amendment) Regulations 1994.

These Regulations specify the circumstances in which a middle school shall be classified to be either a primary or secondary school, for the purposes of the Education Acts.

Regulation 3 specifies that a middle school shall be deemed to be a secondary school where that school has a wider range of pupils of secondary school age, than primary school age, or, unless a determination has been made under regulation 5, where that school provides education until or beyond compulsory school age.

Regulation 4 specifies that a middle school shall be deemed to be a primary school where that school has a wider range of pupils of primary school age, than secondary school age, and where that school does not provide education until or beyond compulsory school age.

Under regulation 5, a middle school may be deemed to be a primary school by virtue of a determination by the Secretary of State where the school in question provides education until or beyond compulsory school age, and either the local education authority, governing body or promoters request the Secretary of State to make such a determination.

The Secretary of State also has the power under regulation 6 to determine whether a middle school shall be deemed to be primary or secondary where the school in question has an equal range of pupils of primary and secondary school age, and where that school does not provide education up to compulsory school age. The Secretary of State shall, under this regulation, allow the local education authority, governing body or promoters to make representations and shall take any representations made into account.