Section 5 of the Education Act 1996 (primary schools, secondary schools and middle schools) is amended as follows.

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In subsection (5) for the words from the beginning to “subsection” substitute “ The powers conferred by the enactments mentioned in subsection (3) (so far as relating to the establishment of middle schools) and the powers conferred by subsection ”.