Paragraph 1

(1)

An enlargement, other than a temporary enlargement, of the premises of the school which,

(a)

would increase the capacity of the school by more than 30 pupils, and

(b)

when taken together with all previous enlargements (if any) taking place since the appropriate date would increase the capacity of the school by the relevant amount as compared with—

(i)

its capacity on the appropriate date, or

(ii)

if at any time after that date its capacity was lower than its capacity on that date, its lowest capacity at any such time,

whichever gives rise to the greater increase in capacity.

(2)

The making permanent of a temporary enlargement of the school.

(3)

In this paragraph—

“temporary enlargement” of the premises of a school is an enlargement of the premises in circumstances where it is anticipated that within three years of the enlargement the capacity of the school will revert to what it was before the enlargement was made;
“the appropriate date” means whichever is the latest of the following dates—
1. (a)
  
  the date falling five years before the date on which the local education authority or, as the case may be, the governing body, form the intention to make the enlargement concerned;
2. (b)
  
  the date when the school was established;
3. (c)
  where any proposals for a significant enlargement of the premises of the school or for a prescribed alteration to a school consisting of an enlargement of the premises of the school have been—
  1. (i)
    
    approved under section 12 or 13 of the Education Act 1980^f1;
  2. (ii)
    
    approved under section 98 of the Education Act 1993^f2;
  3. (iii)
    
    approved under section 37, 43 or 261 of the Education Act 1996^f3;
  4. (iv)
    
    approved under paragraph 8 of Schedule 6 to the Act; or
  5. (v)
    
    approved or adopted under paragraph 14 of Schedule 7 to the Act,
  the date (or latest date) on which any such proposals were implemented, and
4. (d)
  
  where the local education authority, promoters or other body (as the case may be) have determined to implement any proposals for a significant enlargement of the premises of a school or for prescribed alterations to a school consisting of an enlargement of the premises of the school under section 12(7) of the Education Act 1980, section 38^f4 of the Education Act 1996 or paragraph 9 of Schedule 6 to the Act the date (or latest date) on which any such proposals were implemented; and
“relevant amount” means 25 per cent of the capacity of the school (before the enlargement) or 200 pupils whichever is the lesser.

Annotations

Footnotes

f1: 1980 c. 20. Sections 12 and 13 were repealed by Schedule 38 to the Education Act 1996.
f2: 1993 c. 35. Section 98 was repealed by the said Schedule 38.
f3: 1996 c. 56. Sections 37, 43 and 261 are prospectively repealed by Schedule 31 to the Act.
f4: Section 38 is prospectively repealed by Schedule 31 to the Act.