The Infant Class Sizes (Admission and Standard Numbers) (England) Regulations 2000

Suspension of designated provisions of the 1998 Act

3.—(1) This regulation applies to—

(a) a maintained school—

(i) whose admission authority have before 21st February 2000 carried out a review (as defined in paragraph 2(a) below) of any relevant standard number or (as the case may be) an approved admission number applicable to admissions to an infant class at that school, and

(ii) in relation to which a relevant application (as defined in paragraph 2(b) below) has been submitted to the Secretary of State or (as the case may be) the school organisation committee; but

(iii) no determination has been made before the date referred to in sub-paragraph (a)(i) above in relation to that application by the Secretary of State or (as the case may be) the school organisation committee or the adjudicator.

(b) a maintained school—

(i) in relation to which a certificate pursuant to regulation 3(1) of the Transitional Provisions Regulations was given by the Secretary of State relating to the 1999–2000 school year, and

(ii) whose admission authority have not before 21st February 2000 published in accordance with paragraph 5(1) of Schedule 23 their proposals relating to the variation of the relevant standard number which they intend to apply for under paragraph 4(4) of that Schedule; or

(c) a maintained school in relation to which, following an application submitted by or on behalf of the admission authority, the Secretary of State certifies that, in his opinion, the admission to that school in the 2000–2001 school year of a number of children in any relevant age group equal to the relevant standard number may result in qualifying prejudice (whether that prejudice would arise in that school year or in any subsequent year).

(2) For the purposes of paragraph (1)—

(a) a “review” means—

(i) the review required under paragraph 11 of Schedule 23 of the relevant standard number applicable to admissions to an infant class at a maintained school;

(ii) the review required under section 421A(2) of the 1996 Act(1) of the relevant standard number applicable to admissions to an infant class at a school which was formerly a county or voluntary school within the meaning of that Act; or

(iii) the review required under section 426A(2) of the 1996 Act(2) of the approved admission number applicable to admissions to an infant class at a school which was formerly a grant-maintained school within the meaning of the 1996 Act.

(b) a “relevant application” means—

(i) an application for a decision under paragraph 4(2) of Schedule 23 varying any relevant standard number to such number as will be compatible with the duty to comply with the limit on infant class sizes prescribed by regulations made under section 1 of the 1998 Act(3);

(ii) (in the case of a school which was formerly a county or voluntary school) an application for an order under section 420(2) of the 1996 Act(4) varying any relevant standard number to such number as will be compatible with the duty to comply with the limit on infant class sizes prescribed by regulations made under section 1 of the 1998 Act; or

(iii) (in the case of a school which was formerly a grant-maintained school) an application for approval under section 426(4) of the 1996 Act(5) of any variation in the approved admission number to such number as will be compatible with the duty to comply with the limit on infant class sizes prescribed by regulations made under section 1 of the 1998 Act.

(3) Where this regulation applies to a maintained school, the designated provisions shall not have effect in relation to the admission to that school of any child who falls within an age group of pupils who would be educated in an infant class at the school in the 2000–2001 school year.

(1)

Section 421A was inserted into the 1996 Act by paragraph 2 of the Schedule to the Education Act 1996 (Infant Class Sizes) (Modification) Regulations 1998 (S.I. 1998/1948). It was repealed by section 140(3) of, and Schedule 31 to, the 1998 Act, brought into force from 1st September 1999 by Article 2(3) of, and Schedule 3 to, the School Standards and Framework Act 1998 (Commencement No. 6 and Saving and Transitional Provisions) Order 1999 (S.I. 1999 No. 1016 (c. 29)).

(2)

Section 426A was inserted into the 1996 Act by paragraph 5 of the Schedule to the Education Act 1996 (Infant Class Sizes) (Modification) Regulations 1998 (S.I. 1998/1948). It was repealed by section 140(3) of, and Schedule 31 to, the 1998 Act, brought into force from 1st September 1999 by Article 2(3) of, and Schedule 3 to, the School Standards and Framework Act 1998 (Commencement No. 6 and Saving and Transitional Provisions Order 1999 (S.I. No. 1016 (c. 29)).

(3)

The limit prescribed in relation to England for maintained schools containing an infant class by the Education (Infant Class Sizes) (England) Regulations 1998 (S.I. 1998/1973) applies in the 2001–2002 school year and any subsequent year.

(4)

Section 420 was repealed by section 140(3) of, and Schedule 31 to, the 1998 Act, brought into force from 1st September 1999 by the Article 2(3) of and Schedule 3 to, the School Standards and Framework Act 1998 (Commencement No. 6 and Saving and Transitional Provisions) Order 1999 (S.I. 1999 No. 1016 (c. 29)), subject to the transitional and saving provisions in paragraph 6 of Schedule 4 to that Order.

(5)

Section 426 was repealed by section 140(3) of, and Schedule 31 to, the 1998 Act, brought into force from 1st September 1999 by the Article 2(3) of and Schedule 3 to, the School Standards and Framework Act 1998 (Commencement No. 6 and Saving and Transitional Provisions) Order 1999 (S.I. 1999 No. 1016 (c. 29)), subject to the transitional and saving provisions in paragraph 7 of Schedule 4 to that Order.