(1)In this Act “primary school” means (subject to regulations under subsection (4)) a school for providing primary education, whether or not it also provides [F1part-time education suitable to the requirements of junior pupils or] further education.
(2)In this Act “secondary school” means (subject to regulations under subsection (4)) a school for providing secondary education, whether or not it also provides further education.
(3)In this Act “middle school” means a school in respect of which proposals authorised by [F2section 28(4) of the School Standards and Framework Act 1998] are implemented (that is, a school providing full-time education suitable to the requirements of pupils who have attained a specified age below 10 years and six months and are under a specified age above 12 years).
(4)The Secretary of State shall make regulations for determining, or enabling him to determine, whether a middle school is to be treated for the purposes of this Act and the other enactments relating to education as a primary school or as a secondary school.
(5)The powers conferred by [F2section 28(4) of the School Standards and Framework Act 1998]and subsection (4) above are exercisable—
(a)notwithstanding anything in this Act (and in particular section 1); but
(b)without prejudice to the exercise of any other power conferred by this Act.
Textual Amendments
F1Words in s. 5(1) repealed (1.10.2002 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1
F2Words in s. 5(3) and (5) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 59(a)(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in art. 18, Sch. 7 paras. 2-4, 6, 7, 10, 12)