1(1)Section 5 of the Education Act 1996 (primary schools, secondary schools and middle schools) is amended as follows.
(2)For subsection (3) substitute—
“(3)In this Act “middle school” means a school which, in pursuance of proposals published under section 28 or 28A of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998 or section 66 of, or paragraph 7 of Schedule 11 to, the Education Act 2005, has been established as, or altered so as to become, a school for providing full-time education suitable to the requirements of pupils who—
(a)have attained a specified age below 10 years and six months, and
(b)are under a specified age above 12 years (referred to in this Act as “the relevant upper age”).”
(3)In subsection (5) for the words from the beginning to “subsection” substitute “ The powers conferred by the enactments mentioned in subsection (3) (so far as relating to the establishment of middle schools) and the powers conferred by subsection ”.
2In section 529 of the Education Act 1996 (power to accept gifts on trust for educational purposes), in subsection (2), for the words from “section 28” to the end substitute “ sections 28 and 28A of the School Standards and Framework Act 1998 and section 66 of the Education Act 2005 as an intention to establish a new community school (so that proposals for that purpose shall be published in accordance with those sections); and Schedule 6 to the School Standards and Framework Act 1998 or Schedule 10 to the Education Act 2005 (which relate to statutory proposals) shall apply accordingly ”.
3In section 530 of the Education Act 1996 (compulsory purchase of land), in subsection (1)(c), for “section 70 of the Education Act 2002” substitute “ section 66 of the Education Act 2005 ”.
4E+WIn section 580 of the Education Act 1996 (index), after the entry beginning “relevant standard number” insert—
| “relevant upper age (in relation to a middle school) | section 5(3)(b)” |
5(1)In Schedule 35A to the Education Act 1996 (Academies: land), paragraph 1 is amended as follows.
(2)In sub-paragraph (2)(b), for “section 70 of the Education Act 2002 (new schools to meet increased demand for secondary education)” substitute “ section 66 of the Education Act 2005 (proposals for new secondary schools) ”.
(3)In sub-paragraph (3)(d), for “section 70 of the Education Act 2002” substitute “ section 66 of the Education Act 2005 ”.