2012 No. 1797 (W.227)
The Education (Middle Schools) (Wales) Regulations 2012
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers in exercise of the powers conferred on the Secretary of State by sections 5(4) and 569(4) and (5) of the Education Act 19961 and now vested in them make the following Regulations:
Title, commencement and application1
1
The title of these Regulations is the Education (Middle Schools) (Wales) Regulations 2012, and they come into force on 1 September 2012.
2
These Regulations apply in relation to Wales.
Revocation and savings2
1
The following regulations are revoked in relation to Wales—
a
the Education (Middle Schools) Regulations 19802; and
b
the Education (Middle Schools) (Amendment) Regulations 19943.
2
The regulations referred to in paragraph (1) continue to apply in relation to those proposals which have been implemented before the date on which these Regulations come into force.
Interpretation3
In these Regulations—
“2002 Act” (“Deddf 2002”) means the Education Act 20024;
“Education Act purposes” (“dibenion y Ddeddf Addysg”) means the purposes of the Education Act 1996 and the other enactments relating to education;
“fourth key stage” (“pedwerydd cyfnod allweddol”) means the period set out in section 103(1)(d) of the 2002 Act;
“governing body” (“corff llywodraethu”) includes a temporary governing body constituted in accordance with section 34 of the 2002 Act5;
“primary age range” (“ystod oedran ysgol gynradd”) means the range of years during which a pupil is between the age of 11 years and the lower age specified in the proposals;
“promoters” (“hyrwyddwyr”) means persons other than a local authority who have published proposals for the establishment of a new school under section 28(2) of the School Standards and Framework Act 1998;
“proposals” (“cynigion”) means the proposals referred to in section 28 of the School Standards and Framework Act 19986 and which—
- a
specify an age which is below the age of 10 years 6 months and an age which is above the age of 12 years; and
- b
provide that the school to which the proposals relate is to be a school providing full-time education suitable to the requirements of pupils whose ages are between the ages specified; and
- a
“secondary age range” (“ystod oedran ysgol uwchradd”) means the range of years during which a pupil is between the age of 11 years and the higher age specified in the proposals.
Determination of a middle school as secondary school4
A middle school, to which the proposals relate, is to be treated as a secondary school for Education Act purposes where—
a
that school has a wider secondary age range of pupils than of primary age range pupils;
b
the school proposes to provide education for pupils until they cease to be of compulsory school age or are above compulsory school age; and
c
(where paragraph (b) applies) the Welsh Ministers have not made a determination under regulation 5(2).
Determination of a middle school as primary school5
1
A middle school, to which the proposals relate, is to be treated as a primary school for Education Act purposes where that school has a wider primary age range of pupils than of secondary age range pupils, and—
a
regulation 4(b) does not apply; or
b
regulation 4(b) does apply but the Welsh Ministers have made a determination under paragraph (2).
2
The Welsh Ministers may determine a middle school, to which the proposals relate, be treated as a primary school for Education Act purposes where—
a
regulation 4(b) applies;
b
the local authority, governing body or promoters request the Welsh Ministers to make a determination under this regulation; and
c
the Welsh Ministers consider such a determination to be appropriate.
Determination of a middle school where there is a primary age range of pupils equal to its secondary age range of pupils6
1
The Welsh Ministers must determine whether the middle school, to which the proposals relate, is be treated for Education Act purposes as a primary or secondary school where—
a
the school, to which the proposals relate, has a primary age range of pupils which is equal to that of its secondary age range of pupils; and
b
regulation 4(b) does not apply.
2
Before making such a determination, the Welsh Ministers must—
a
allow the local authority, governing body or promoters an opportunity to make representations; and
b
take into consideration any representations made by them.
Determination of a middle school as a secondary school for the purposes of sections 116A to 116K of the 2002 Act7
Where a middle school, to which the proposals relate, has been determined to be a primary school in accordance with regulations 5 or 6, it is to be treated for the purposes of sections 116A to 116K of the 2002 Act as a secondary school where that school has pupils in the fourth key stage.
Determination of a middle school as a primary or secondary school for the purposes of section 101(1)(c) of the 2002 Act8
Where a middle school, to which the proposals relate, has been determined to be a primary or secondary school in accordance with these Regulations, it is to be treated for the purposes of section 101(1)(c) of the 2002 Act as—
a
a primary school in relation to junior pupils at the school; and
b
a secondary school in relation to senior pupils at the school.
(This note is not part of the Regulations)