Regulation 5 Classification of middle schools for Education Act purposes
(1)
The Secretary of State may make a determination under this regulation that the middle school to which the proposals relate shall be deemed, for Education Act purposes, to be a primary school where:
(a)
regulation 3(1)(b) applies; but
(b)
the local education authority, governing body or promoters request the Secretary of State to make a determination under this regulation; and
(c)
the Secretary of State deems such a determination to be appropriate.