Regulation 4 Classification of middle schools for Education Act purposes
(1)
This regulation shall apply where the school, to which the middle school proposals relate, has a wider primary age range of pupils than of secondary age range pupils, and either
(a)
regulation 3(1)(b) above does not apply; or
(b)
regulation 3(1)(b) above does apply but the Secretary of State has made a determination under regulation 5.
(2)
In such a case, the middle school to which the proposals relate shall be deemed, for Education Act purposes, to be a primary school.