The Education (Middle Schools) (Wales) Regulations 2012

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Education (Middle Schools) Regulations 1980 as amended by the Education (Middle Schools) (Amendment) Regulations 1994 in relation to Wales.

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

Regulation 4 provides that a middle school is to be determined 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(2), where that school provides education up to or beyond compulsory school age.

Regulation 5(1) provides that a middle school is to be determined 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 up to or beyond compulsory school age.

Under regulation 5(2), a middle school may be treated to be a primary school by the Welsh Ministers where the school in question provides education up to or beyond compulsory school age, and either the local authority, governing body or promoters request the Welsh Ministers to make such a determination.

The Welsh Ministers also have the power under regulation 6 to determine whether a middle school is to be treated 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 Welsh Ministers must, under this regulation, allow the local authority, governing body or promoters to make representations and must take any representations made into account.

Regulation 7 provides that where a middle school has pupils in the fourth key stage it must be treated as a secondary school for the purposes of sections 116A to 116K of the Education Act 2002 only even if it is treated as a primary school for all other Education Act purposes.

Regulation 8 provides that where a middle school has junior pupils (those who have not yet attained 12 years of age) it must be treated as a primary school for the purposes of section 101(1)(c) of the Education Act 2002 only. It further provides that where that school has senior pupils (those who have attained 12 years of age but are not yet 19) it must be treated as a secondary school for the purposes of section 101(1)(c) of the Education Act 2002 only.