Regulation 3 Interpretation

In these Regulations, unless the context otherwise requires—

• “the Act” means the Education Act 1996;

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

• “assessment” means assessment under the statutory arrangements, and references to a “level” shall be construed in accordance with those arrangements;

• “attainment targets” has the meaning given by section 353(a) of the 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 355(5) of the Act;

• “key stage” means any of the periods set out in paragraphs (a) to (d) respectively of section 355(1) of the Act, and a reference to the first, second or third key stage is a reference to the periods set out respectively in the said paragraphs (a) to (c);

• “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”, in the case of pupils in the final year of the first key stage, means standard task assessments administered to pupils in accordance with the statutory arrangements and, in relation to pupils in the final year of the second or third key stage, `NC tests' and `NC tasks' mean respectively National Curriculum tests and National Curriculum tasks adminstered to pupils in accordance with those arrangements;

• “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 451(3) and (4) of the Act^f1;

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

• “relevant attainment targets” means—

  1. (a)

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

  2. (b)

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

• “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 and classes which are not Welsh-speaking, English;

  and means, in relation to the second and third key stages, 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 312 of the Act;

• “special school” has the meaning given to it by section 337(1) of the Act; and

• “the statutory arrangements” means assessment arrangements specified by orders made under section 356(2)(c) of the Act^f2;

• “teacher assessment” means assessment by a teacher in accordance with the statutory arrangements.

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 411(1) of the 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, 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.