The Education (Infant Class Sizes) (Wales) (Amendment) Regulations 2009

Amendment of the Education (Infant Class Sizes) (Wales) Regulations 1998

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(1).

(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.”

(1)

1998 c. 31.