# The Education (School Premises) Regulations 1999, Paragraph 2


Until 1st September 1999 the numbers of pupils for the purposes of regulation 2(4) shall be determined—
(a) in the case of a county school, nursery school, pupil referral unit or special school established by a local education authority, by the local education authority by whom the school is maintained;
(b) in the case of a voluntary school, by the governing body of the school in agreement with the local education authority by whom it is maintained; and
(c) in the case of a grant-maintained school or a grant-maintained special school, by the governing body of the school;
as that which they are satisfied is the normal number of registered pupils at the school, of the specified age, or who are boarding pupils, taking one year with another; and, if at the beginning of the autumn term at a school the actual number significantly exceeds the number so determined, the question whether that number remains the normal number shall be considered by that local education authority or the governing body, as the case may be:
provided that when a school is first established the local education authority or the governing body referred to in sub-paragraph (a), (b) or (c) above, as appropriate, shall determine the said number having regard to the numbers specified in, or to be inferred from, the proposals published in pursuance of sections 35, 41, 211, 339 or 502 of the 1996 Act as the case may be.

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Source: https://www.legislation.gov.uk/uksi/1999/2/schedule/1/paragraph/2 (the official version)
Page: https://openlegislation.uk/education-school-premises-regulations-1999/schedule-1/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.