Regulation 5 Determination of a middle school as primary schoolI1
England and Wales
(1)
A middle school, to which the proposals relate, is to be treated as a primary school for Education Act purposes where that school has a wider primary age range of pupils than of secondary age range pupils, and—
(a)
regulation 4(b) does not apply; or
(b)
regulation 4(b) does apply but the Welsh Ministers have made a determination under paragraph (2).
(2)
The Welsh Ministers may determine a middle school, to which the proposals relate, be treated as a primary school for Education Act purposes where—
(a)
regulation 4(b) applies;
(b)
the local authority, governing body or promoters request the Welsh Ministers to make a determination under this regulation; and
(c)
the Welsh Ministers consider such a determination to be appropriate.