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

Schools to which regulation 3 applies: fixing admission numbers etc.

4.—(1) Where regulation 3 applies to any existing maintained school

(a)the admission authority for that school shall not fix as the number of children in a relevant age group of pupils whom it is intended to admit to the school for education in an infant class at the school in the 1999—2000 school year a number which falls below the maximum admission number (as defined in paragraph (2)); and

(b)no prejudice shall be taken to arise for the purposes of section 411(3)(a) or (as the case may be) 425B(1) of the 1996 Act from the admission to that school in that school year of a number of pupils in that age group which does not exceed the maximum admission number.

(2) For the purposes of paragraph (1), the maximum admission number is the maximum number of pupils in the relevant age group specified in paragraph (1)(a) who, in the opinion of the admission authority, could be admitted to the school in the 1999—2000 school year without qualifying prejudice arising in any school year after the coming into force of Regulations under section 1 of the 1998 Act by virtue of which any limit on infant class sizes is to apply in relation to the school(1).