The Education Act 1996 (Infant Class Sizes) (Modification) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations make modifications to the provisions of the Education Act 1996 in connection with the imposition of a limit on the size of infant classes at schools in England and Wales by Regulations made under section 1 of the School Standards and Framework Act 1998 (which come into force on 1st September 1998). The modifications apply during the transitional period before the coming into force of the provisions of the 1998 Act concerning (a) the new school framework, and (b) the admission of pupils to schools in that framework (which is expected to be on 1st September 1999).

The Education Act 1996 is modified so as to insert provisions corresponding to those in the 1998 Act relating to the admission of children to infant class at primary schools. This is so that, in the period before the new school framework comes into being, admission authorities for maintained schools under the existing 1996 Act framework containing infant classes will not be required to offer places to children whose admission would be incompatible with the duty to comply with class size limits (which will apply with effect from the 1999—2000 school year in relation to schools in Wales, or from the 2001—2002 school year in relation to schools in England).

The modifications will also require the admission authority for every such school to carry out a review of the relevant standard number (or approved admission number) applying to the admission of children to infant classes at the school and, where appropriate, to seek a reduction in that number so that it is compatible with meeting class size limits.