Education Act 1996

5 (1) Subject to sub-paragraph (2), where an application is made to the Secretary of State for any such order reducing a standard number as is mentioned in paragraph 1, he may—

(a) make an order reducing the standard number to the number proposed;

(b) after consultation with both the local education authority and the governing body, make an order reducing the standard number to such number (greater than the number proposed) as he thinks desirable; or

(c) refuse to make any order reducing the standard number.

(2) The Secretary of State shall not make an order reducing the standard number unless he is satisfied that the reduction is necessary, having regard to any reduction in the school’s capacity to accommodate pupils as compared with its capacity at the beginning of the school year in which the current standard number first applied in relation to the age group in question (whether by virtue of section 15 of the [1980 c. 20.] Education Act 1980, section 27 of the [1988 c. 40.] Education Reform Act 1988 or sections 417 to 420 of this Act).

(3) For the purposes of sub-paragraph (2) a school’s capacity to accommodate pupils is changed if—

(a) as a result of changes in the availability or use of accommodation at the school, there is any change in the amount of accommodation available for use by pupils at the school; or

(b) as a result of changes in the requirements applicable to the school under regulations made under section 542 there is any change in the number of pupils for whom accommodation may lawfully be provided at the school;

and a school’s capacity to accommodate pupils is reduced if the result of the changes is, in a case within paragraph (a), less accommodation or, in a case within paragraph (b), a reduction in the number there mentioned.