PART VIRevocation and Savings
Savings26.
(1)
Where immediately before 1st February 1999 team game playing fields were provided which satisfied the requirements of paragraph 5 of Schedule 2 to the 1996 Regulations by virtue of paragraph 5(2) of that Schedule, the team game playing fields shall, subject to paragraph (3), be treated as satisfying the requirements of paragraph 3 of Schedule 2 to these regulations provided that—
(a)
the school continues to enjoy the benefit of the same facilities mentioned in paragraph 5(2) of Schedule 2 to the 1996 Regulations as were available at 1st February 1999; and
(b)
the total area of the team game playing fields is no smaller than it was at that date.
(2)
Where immediately before 1st February 1999 team game playing fields were provided for a special school which—
(a)
satisfied the requirements (where applicable) of paragraph 4(2) of Schedule 2 to the 1996 Regulations, but
(b)
were of an area smaller than the area required by paragraph 3 of Schedule 2
the team game playing fields shall nevertheless, subject to paragraph (3), be treated as satisfying the requirements of paragraph 3 of Schedule 2 provided that the total area of team game playing fields is no less than it was at that date.
(3)
Paragraphs (1) and (2) shall cease to apply—
(a)
if at any time there is a step increase in the number of pupils at the school; or
(b)
if any team game playing fields provided for the school are different from those provided immediately before 1st February 1999.
(4)
In paragraph (3)(a) above a step increase is an increase in the number of pupils which, if paragraph (1) or (2) did not apply before the increase, would have had the effect that, in accordance with paragraph 3 of Schedule 2, a greater area of team game playing fields would have been required to be provided.