The Education (Infant Class Sizes) (Transitional Provisions) Regulations 1998

Suspension of certain provisions of the 1996 Act

3.—(1) This Regulation applies to an existing maintained school where the Secretary of State certifies that, in his opinion, the admission to that school in the 1999—2000 school year of a number of children in any relevant age group equal to the relevant standard number or (as the case may be) the approved admission number may result in qualifying prejudice (whether the prejudice would arise in that school year or in any subsequent year).

(2) Where this Regulation applies to an existing maintained school, the designated provisions (as defined in paragraph (5)) shall not have effect in relation to the admission to that school of any child who falls within an age group of pupils who would be educated in an infant class at the school in the 1999—2000 school year.

(3) For the purposes of paragraph (1), the admission to an existing maintained school of a child in any relevant age group shall be taken to include the transfer of a child to a reception class where he had previously been admitted to that school for nursery education; and for the purposes of paragraph (2) such a child shall be regarded as admitted to an existing maintained school upon his transfer to a reception class.

(4) Where the Secretary of State gives a certificate referred to in paragraph (1) in relation to any existing maintained school, the admission authority for that school shall (if they have not already done so) forthwith

(a)(in the case of a county or voluntary school) carry out the review of the relevant standard number applicable to admissions to an infant class at the school as required under section 421A(2) of the 1996 Act, and where appropriate, apply for a variation of that number as required under section 421A(3)(1); or

(b)(in the case of a grant-maintained school) carry out the review of the approved admission number applicable to admissions to an infant class at the school as required by section 426A(2) of the 1996 Act, and where appropriate vary that number as required by section 426A(3)(2).

(5) In this regulation “the designated provisions” means the following provisions of the 1996 Act

(a)section 411(6) (prejudice not to be taken to arise from the admission to a county or voluntary school of a number of pupils which does not exceed the relevant standard number or any higher admission number fixed in accordance with section 416(1));

(b)section 416(1) (admission authority for a county or voluntary school not to fix an admission number which is less than the relevant standard number);

(c)section 425B(3)(3) (prejudice not to be taken to arise from the admission of a number of pupils to a grant-maintained school which does not exceed the number of pupils intended to be admitted to the school in that age group in that year); and

(d)section 426(1) (governing body of a grant-maintained school not to fix an admission number which is less than the approved admission number).