Regulation 3 Interpretation

In these Regulations, unless the context otherwise requires—

• “the 1980 Act” means the Education Act 1980;

• “the 1988 Act” means the Education Reform Act 1988;

• “admission school year” means a school year at the beginning of which pupils are to be admitted to any school;

• “assessment” means assessment pursuant to orders made under section 4(2)(c) of the 1988 Act^f1, and “level” shall be construed in accordance with the provisions of such orders;

• “attainment targets” has the meaning given by section 2 of the 1988 Act;

• “authority” means a local education authority and, in relation to an authority, “the offices” means the education offices;

• “class” has the meaning given to that term by section 3(6) of the 1988 Act;

• “LEA maintained school” means:

  1. (a)

     any county or voluntary school;

  2. (b)

     any special school maintained by an authority which is not established in a hospital; and

  3. (c)

     except in Part III and Schedule 2, any pupil referral unit,

  but excludes any nursery school.

• “maintained school” means:

  1. (a)

     any county or voluntary school;

  2. (b)

     any special school maintained by an authority which is not established in a hospital;

  3. (c)

     any grant-maintained school or grant-maintained special school which is not established in a hospital; and

  4. (d)

     except in Part III and Schedule 2, any pupil referral unit,

  but excludes any nursery school;

• “NC tests” means National Curriculum tests and tasks administered to pupils for the purpose of assessing the level of attainment which they have attained in any relevant subject pursuant to Orders made under section 4(2)(c) of the 1988 Act;

• “non-maintained special school” means a special school which is neither maintained by an authority nor a grant-maintained special school (and is not established in a hospital);

• “previous school year” means the school year immediately preceding the reporting school year;

• “primary education” does not include such education provided at a middle school;

• “public examinations” means public examinations which are for the time being prescribed by regulations made under section 106(4) and (5) of the 1988 Act^f2;

• “publication school year” means the school year immediately preceding the admission school year;

• “relevant attainment targets” means—

  1. (a)

     the “Reading”, “Writing”, “Spelling” and “Handwriting” attainment targets in English;

  2. (b)

     the “Listening”, “Viewing and Speaking”, “Reading”, “Writing” and “Handwriting” attainment targets in Welsh; and

  3. (c)

     the “Number” attainment target in mathematics;

• “relevant authority”, in relation to an LEA maintained school, means the authority by which the school is maintained;

• “relevant subjects” means in relation to the first key stage—

  1. (a)

     mathematics and science;

  2. (b)

     in the case of schools and classes which are Welsh-speaking, Welsh; and

  3. (c)

     in the case of schools which are not Welsh-speaking, English;

  and means, in relation to the third key stage, mathematics, science, Welsh and English;

• “reporting school year” means the school year immediately preceding the publication school year;

• “special educational needs” and “special educational provision” have the meanings given to those terms in section 156 of the Education Act 1993;

• “special school” has the meaning given to it by section 182(1) of the Education Act 1993; and

• “teacher assessment” means assessment by a teacher to determine the level of attainment attained by pupils in a relevant attainment target or in a relevant subject (as the case may be) pursuant to Orders made under section 4(2)(c) of the 1988 Act.

In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, any reference to a numbered paragraph is to the paragraph of that regulation bearing that number, any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph and any reference to a Schedule is to a Schedule to these Regulations.

In these Regulations any reference to a date up to which parents may express a preference for a school is a reference to the date on or before which, in accordance with arrangements made by the relevant authority under section 6(1) of the 1980 Act, a parent wishing education to be provided for his child in the exercise of the authority’s functions should express such a preference.

In these Regulations references to key stages are references to the periods set out in section 3(3) of the 1988 Act^f3.

In these Regulations, unless the context otherwise requires, references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on the 31st August immediately preceding the commencement of the reporting school year and who were registered pupils at the school on the third Thursday in January in the reporting school year.

In these Regulations, unless otherwise stated, where a percentage which is required to be calculated by virtue of these Regulations is not a whole number it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number.

In these Regulations, a reference to a school or class which is Welsh-speaking is a reference to a school or class (as the case may be) in which, in relation to pupils in the first key stage, more than one half of the following subjects namely:

are taught (wholly or partly) in Welsh.