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6.—(1) The Welsh Ministers must determine whether the middle school, to which the proposals relate, is be treated for Education Act purposes as a primary or secondary school where—
(a)the school, to which the proposals relate, has a primary age range of pupils which is equal to that of its secondary age range of pupils; and
(b)regulation 4(b) does not apply.
(2) Before making such a determination, the Welsh Ministers must—
(a)allow the local authority, governing body or promoters an opportunity to make representations; and
(b)take into consideration any representations made by them.
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