Regulation 6 Classification of middle schools for Education Act purposes
(1)
This regulation applies where:
(a)
the school, to which the middle school proposals relate, has a primary age range of pupils which is equal to that of its secondary age range of pupils; and
(b)
regulation 3(1)(b) does not apply.
(2)
In such a case, the Secretary of State shall determine whether the middle school to which the proposals relate shall be deemed for Education Act purposes to be a primary or secondary school.
(3)
Before making such a determination, the Secretary of State shall:
(a)
allow the local education authority, governing body or promoters an opportunity to make representations; and
(b)
take into consideration any representations made by them.