Paragraph 10 I1

(1)

An enlargement of the premises of the school which would increase the capacity of the school by at least 25% or 200 pupils as compared with the school's capacity on the appropriate date.

(2)

In determining an increase in capacity for the purpose of sub-paragraph (1), all enlargements that have taken place since the appropriate date are to be taken into account together with the proposed enlargement.

(3)

The “appropriate date” is the latest of—

(a)

the date falling five years before the date on which it is planned to implement the proposals to make the enlargement;

(b)

the date when the school first admitted pupils;

(c)

the date (or latest date) of implementation of proposals to make an alteration to the school consisting of an enlargement of its premises which proposals were published under—

(i)

section 48, 59, F163D F2or 68, or

(ii)

section 28 of the School Standards and Framework Act 1998 or paragraph 5 of Schedule 7 to that Act.

(4)

References in this paragraph to an enlargement do not include a temporary enlargement.

Annotations

Textual amendments

F1: Word in Sch. 2 para. 10(3)(c)(i) inserted (5.4.2025) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 29(12)(a) (with s. 19); S.I. 2025/432, art. 2(ll)(iii)
F2: Words in Sch. 2 para. 10(3)(c)(i) substituted (1.4.2026) by The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments and Transitory Provision) Regulations 2026 (W.S.I. 2026/72), regs. 1(2), 7(2)(a)

Commencement

I1: Sch. 2 para. 10 in force at 1.10.2013 by S.I. 2013/1800, art. 3(f)