The School Admissions (Infant Class Sizes) (Wales) Regulations 2013

• Citation: S.I. 2013/1141 (W.)
• Sections: 21

Section 1 Title, commencement and application

(1) The title of these Regulations is the School Admissions (Infant Class Sizes) (Wales) Regulations 2013 and they come into force on 8 July 2013.

(2) Paragraphs 4, 11 and 12 of the Schedule to these Regulations apply in relation to the 2014/2015 school year and subsequent years.

(3) These Regulations apply in relation to any maintained school in Wales which contains an infant class .

Section 2 Interpretation

(1) In these Regulations—

"the EA 1996 " (" DA 1996 ") means the Education Act 1996 ;

"the SSFA 1998 " (" DSFfY 1998 ") means the School Standards and Framework Act 1998;

“the ALNETA 2018” (“ DADYTA 2018 ”) means the Additional Learning Needs and Education Tribunal (Wales) Act 2018;

“additional learning needs” (“ anghenion dysgu ychwanegol ”) in relation to a child to whom Part 2 of the ALNETA 2018 applies, has the meaning given by section 2 of the ALNETA 2018;

“child with an individual development plan” (“ plentyn sydd â chynllun datblygu unigol ”) means a child in relation to whom an individual development plan is maintained under Part 2 of the ALNETA 2018;

"child with a statement" ("plentyn sydd â datganiad") means a child in relation to whom a statement is maintained by a local authority under section 324(1) of the EA 1996 ;

“special educational needs” (“ anghenion addysgol arbennig ”), in relation to a child to whom Chapter 1 of Part 4 of the EA 1996 continues to apply, has the meaning given by section 312 of the EA 1996;

"suitable education" ("addysg addas") in relation to a child, means efficient full-time education suitable to the child's age, ability and aptitude and any special educational needs or additional learning needs (as the case may be) that child may have.

(2) For the purposes of these Regulations a child is to be treated as having been admitted to a school outside the normal admission round where paragraph (3) or (4) applies.

(3) This paragraph applies where, at the time the child was admitted to the school the child did not fall within an age group in which pupils are normally admitted to the school.

(4) This paragraph applies to a child where—

(a) at the time of the child's admission to the school, the child fell within an age group in which pupils are normally admitted to the school;

(b) the number of pupils in that age group seeking admission to the school in the school year in which the child was first admitted to the school was greater than the number of pupils which the admission authority intended to admit to the school in that age group in that year; and

(c) the child was offered a place at the school after the time when the admission authority had determined, in accordance with the school's admission arrangements, which children in that age group were to be admitted to the school.

(5) In paragraphs (2) to (4) references to a child's admission to a school are references to the child's admission to an infant class at that school.

Section 3 Regulations Revoked

The following Regulations are revoked—

(a) the Education (Infant Class Sizes) (Wales) Regulations 1998 ;

(b) the Education (Infant Class Sizes) (Wales) (Amendment) Regulations 2009 .

Section 4 Limit on infant class sizes

(1) No infant class may contain more than 30 pupils while an ordinary teaching session is conducted by a single school teacher.

(2) Where an ordinary teaching session is conducted by more than one school teacher, the infant class may not contain more than 30 pupils for every one of those teachers.

(3) Where an infant class contains any excepted pupil (as defined by regulation 5), the limits in paragraphs (1) and (2) apply as if the excepted pupil were not included in the class.

Section 5 Excepted pupils

(1) An excepted pupil is a child to whom any of paragraphs 2 to 14 of the Schedule applies.

(2) A child is not an excepted pupil at a school if suitable education could be provided for that child in an infant class at that school without relevant measures having to be taken.

(3) In paragraph (2) "relevant measures" (" camau perthnasol ") means measures which would—

(a) be required to be taken to ensure compliance with the duty imposed by section 1(6) of the SSFA 1998; and

(b) prejudice the provision of efficient education or the efficient use of resources.

Section 1 Excepted Pupils

In this Schedule—

(a) "a child" (" plentyn ") means a child who is a pupil in any infant class;

(b) "the school" (" yr ysgol ") means the school of which that infant class forms part;

(c) "armed forces" (" lluoedd arfog ") means the Royal Navy, the Royal Marines, the regular army or the Royal Air Force;

(d) "the regular army" (" y fyddin reolaidd ") means any of Her Majesty's military forces other than—

(i) the Army Reserve,

(ii) the Territorial Army, and

(iii) forces raised under the law of a British Overseas Territory.

(e) “child arrangements order” means a child arrangements order as defined by section 8(1) of the Children Act which consists of, or includes, arrangements relating to either or both of the following—

(i) with whom the child is to live, and

(ii) when the child is to live with any person

Section 2 Excepted Pupils

This paragraph applies to a child with a statement admitted to the school outside a normal admission round as a result of the local authority specifying the school in the child's statement under section 324(5)(b) of the EA 1996.

Section 2A Excepted Pupils

This paragraph applies to a child with an individual development plan admitted to the school outside a normal admission round as a result of the school being named in the child’s individual development plan under section 48 of the ALNETA 2018.

Section 3 Excepted Pupils

This paragraph applies to a child who is looked after by a local authority (within the meaning of section 74(1) of the Social Services and Well-being (Wales) Act 2014 or, as the case may be, section 22(1) of the Children Act 1989 ) and is admitted to the school outside a normal admission round.

Section 4 Excepted Pupils

This paragraph applies to a child who was previously looked after by a local authority but ceases to be so because the child was adopted or became subject to a child arrangements order or a special guardianship order , and who was admitted to the school outside the normal admission round.

Section 5 Excepted Pupils

This paragraph applies to a child admitted to a school outside a normal admission round who was initially refused admission to the school owing to a failure to properly implement the school's admission arrangements, but was subsequently offered a place by virtue of a determination by the admission authority that there had been such a failure in relation to the child.

Section 6 Excepted Pupils

This paragraph applies to a child admitted to the school outside a normal admission round by virtue of a determination of an appeal panel in accordance with section 94(6) of the SSFA 1998.

Section 7 Excepted Pupils

(1) Subject to sub-paragraph (3), this paragraph applies to a child admitted to the school outside a normal admission round—

(a) in relation to whom the school is the only school (apart from any school to which the child has already been refused admission or from which the child has been permanently excluded) which—

(i) is within a reasonable distance from the child's home, and

(ii) provides suitable education; and

(b) who did not, at the relevant time, ordinarily reside at a place which was within a reasonable distance from that school.

(2) In sub-paragraph (1)(b) "the relevant time" ("yr amser perthnasol")—

(a) in relation to a child to whom regulation 2(3) applies, means the time when the majority of pupils in the age group in which the child falls were admitted to the school; and

(b) in relation to a child to whom regulation 2(4) applies means the time referred to in sub­paragraph (c) of that paragraph.

(3) A child is not an excepted pupil under this paragraph unless the local authority who maintain the school have confirmed in writing that they are satisfied that the child fulfils the criteria listed in sub-paragraph (1)(a).

Section 8 Excepted Pupils

(1) Subject to sub-paragraph (3), this paragraph applies to a child admitted to the school outside a normal admission round—

(a) where education at a school of a particular religious character is desired, and

(b) the school is the only such school within a reasonable distance of the child's home.

(2) In this paragraph "a school of a particular religious character" (" ysgol o gymeriad crefyddol penodol ") means a school designated as having such a character by an order made under section 69(3) of the SSFA 1998.

(3) Where the admission authority for the school in question is not the local authority the child will not be an excepted pupil unless the local authority has confirmed in writing that there are no places available at another school of the particular religious character within a reasonable distance of the child's home.

Section 9 Excepted Pupils

(1) Subject to sub-paragraph (3), this paragraph applies to a child admitted to the school outside a normal admission round—

(a) where education at a school which is Welsh-speaking is desired, and

(b) the school is the only such school within a reasonable distance of the child's home.

(2) In sub-paragraph (1) "a school which is Welsh-speaking" (" ysgol Gymraeg ") has the meaning given in section 105(7) of the Education Act 2002.

(3) Where the admission authority for the school in question is not the local authority the child will not be an excepted child under this paragraph unless the local authority has confirmed in writing that there are no places available at another Welsh-speaking school within a reasonable distance of the child's home.

Section 10 Excepted Pupils

This paragraph applies to a child where—

(a) at the time of the child's admission to the school, the child fell within an age group in which pupils are normally admitted to the school;

(b) the number of pupils in that age group seeking admission to the school in the admission school year was fewer than the number of pupils which it was intended to admit to the school in that age group in that year;

(c) the child was offered a place at the school after the first day of the relevant school year; and

(d) the school has organised its classes for children in that age group seeking admission to the school in the admission school year and, unless suitable education could be provided for the child in another infant class at that school, the admission of the child would require relevant measures to be taken.

Section 11 Excepted Pupils

This paragraph applies to a child whose parent is in the armed forces and who was admitted to the school outside a normal admission round.

Section 12 Excepted Pupils

This paragraph applies to a child whose twin or other sibling from a multiple birth is admitted to the school in the same age group otherwise than as an excepted pupil.

Section 13 Excepted Pupils

This paragraph applies to a child who is a registered pupil at a special school but by arrangement between the school and the special school, receives part of their education at the school.

Section 14 Excepted Pupils

This paragraph applies to a child who is normally educated in a unit which forms part of the school and is specially organised to provide education for pupils with special educational needs or additional learning needs (as the case may be) , but spends a minority of their time in the infant class.

Section 15 Excepted Pupils

Paragraphs 3 to 12 do not apply to a child with a statement.