2009 No. 828 (W.75)
EDUCATION, WALES
The Education (Infant Class Sizes) (Wales) (Amendment) Regulations 2009
Made 31 March 2009
Laid before the National Assembly for Wales 1 April 2009
Coming into force 22 April 2009

The Welsh Ministers in exercise of the powers conferred on the Secretary of State by sections 1 and 138(7) and (8) of the School Standards and Framework Act 1998 and now vested in them hereby make the following Regulations:
The functions of the Secretary of State under these sections were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and then to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

1 Title, commencement and application
1 The title of these Regulations is the Education (Infant Class Sizes) (Wales) (Amendment) Regulations 2009 and they come into force on 22 April 2009.
2 These Regulations apply in relation to Wales.

Amendment of the Education (Infant Class Sizes) (Wales) Regulations 1998
2 The Education (Infant Class Sizes) (Wales) Regulations 1998 are amended in accordance with regulations 3 to 6.
S.I. 1998/1943.
3 After paragraph 2 of the Schedule insert—

“2A This paragraph applies at any time during the admission school year to any child who is looked after by a local authority (within the meaning of section 22(1) of the Children Act 1989) and is admitted to the school outside the normal admission round.
1989 c. 41.”

4 In paragraph 5 of the Schedule—
1 at the start of sub-paragraph (1) insert “Subject to sub-paragraph (3),”; and
2 after sub-paragraph (2) insert—

“3 Where the admission authority for the school in question is not the local authority a child will not be an excepted child under this paragraph unless the local authority has confirmed in writing that it is satisfied the child fulfils the criteria listed in sub-paragraph (1)(a).”

5 After paragraph 5 of the Schedule insert—

“5A 1 Subject to sub-paragraph (3), this paragraph applies at any time during the admission school year to a child admitted to the school outside a normal admission round, where education at a school of a particular religious character is desired and the school is the only such school within a reasonable distance of the child’s home.
2 In this paragraph “a school of a particular religious character” means a school designated as having such a character by an order made under section 69(3) of the 1998 Act.
1998 c. 31.
3 Where the admission authority for the school in question is not the local authority the child will not be an excepted child under this paragraph unless the local authority has confirmed in writing that there are no places available at another school of the particular religious character within a reasonable distance of the child’s home.
5B 1 This paragraph applies to a child where—
(a) at the time of the child’s admission to the school, the child fell within an age group in which pupils are normally admitted to the school;
(b) the number of pupils in that age group seeking admission to the school in the admission school year was fewer than the number of pupils which it was intended to admit to the school in that age group in that year;
(c) the child was offered a place at the school after the first day of the relevant school year; and
(d) the school has organised its classes for that age group seeking admission to the school in the admission school year and, unless suitable education could be provided for the child in another infant class at that school, the admission of the child would require relevant measures to be taken.
2 In this paragraph “relevant measures” has the meaning given to that expression in regulation 4 of these Regulations.”

6 Delete paragraph 6 of the Schedule and replace with—

“6 1 Subject to sub-paragraph (3), this paragraph applies at any time during the admission school year to a child admitted to the school outside a normal admission round, where education at a school which is Welsh-speaking is desired and the school is the only such school within a reasonable distance of the child’s home.
2 In this paragraph “a school which is a Welsh-speaking school” has the meaning given to that expression in section 105(7) of the Education Act 2002.
2002 c. 32.
3 Where the admission authority for the school in question is not the local authority the child will not be an excepted child under this paragraph unless the local authority has confirmed in writing that there are no places available at another Welsh-speaking school within a reasonable distance of the child’s home.”

7 In paragraph 9 of the Schedule for “3” substitute “2A”.
Jane Hutt Minister for Children, Education, Lifelong Learning and Skills, one of the Welsh Ministers 31 March 2009

(This note is not part of the Regulations)
These Regulations amend the Education (Infant Class Sizes) (Wales) Regulations 1998 (“the 1998 regulations”) and come into force on 22 April 2009.
They make five amendments to the categories of excepted pupils set out in the Schedule to the 1998 regulations (“the Schedule”).
They add three new categories.
They add looked after children who are admitted to schools outside a normal admission round; pupils admitted outside the normal admission round for whom education at a school of a particular religious character is desired and children who are admitted to the school within an age group in which pupils are normally admitted and after the first day of the relevant school year, where the school has not yet reached its admission number but has already organised its classes and the admission of the child would mean that the school would have to take relevant measures.
Where the admission authority for the school is not the local authority, confirmation is required from the local authority that there are no places available at a school of a particular religious character within a reasonable distance of the child’s home before the child can be counted as an excepted pupil.
They amend paragraph 5 of the Schedule so that when the admission authority of the school concerned is not the local authority, confirmation is required from the local authority that there are no places available at a suitable school within a reasonable distance of the child’s home before the child can be counted as an excepted pupil.
Paragraph 6 of the Schedule is replaced and the exception originally in paragraph 6 (children admitted to the school in the normal year of entry for whom education at a school which is Welsh speaking is desired and where the school concerned is the only such school within a reasonable distance of their home) now also applies to pupils who are admitted outside the normal admission round.
Where the admission authority for the school is not the local authority, confirmation is required from the local authority that there are no places available at a Welsh-speaking school within a reasonable distance of the child’s home before the child can be counted as an excepted pupil.