Paragraph 1

Except where the school is established in a hospital, any increase in the number of pupils for whom the school is organised to make provision which, when taken together with all such previous increases in the number of pupils would increase the number of such pupils by 10% or the relevant number of pupils (whichever is the lesser) as compared with–

In this paragraph–

• “the appropriate date” means whichever is the latest of the following dates–

  1. (a)

     the date falling five years before the date on which the local education authority or, as the case may be, the governing body, form the intention to increase the number of pupils for which the school is organised to make provision;

  2. (b)

     the date when the school was established;

  3. (c)

     where any proposals for the making of a prescribed alteration to the school consisting of an increase in the number of pupils for which the school is organised to make provision have been approved under–

     1. (i)

        section 184 of the Education Act 1993^f1,

     2. (ii)

        section 340 of the Education Act 1996^f2, or

     3. (iii)

        paragraph 3 of Schedule 6 or paragraph 8 or 9 of Schedule 7, the date (or latest date) on which any such proposals were implemented; and

  4. (d)

     where the local education authority have determined under paragraph 4 of Schedule 6 to implement any proposals for the making of a prescribed alteration to the school consisting of an increase in the number of pupils for which the school is organised to make provision, the date (or latest date) on which any such proposals were implemented; and

• “the relevant number of pupils” is 5 where the school only makes boarding provision and 20 in any other case.