# The Education (Middle Schools) (Wales) Regulations 2012, Regulation 5: Determination of a middle school as primary school

Extent: E+W

(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.

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Source: https://www.legislation.gov.uk/wsi/2012/1797/regulation/5 (the official version)
Page: https://openlegislation.uk/education-middle-schools-wales-regulations-2012/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.