Education Act 1996

573 Meaning of expressions relating to alteration etc. of premises or character of schools

(1) The following provisions apply for the purposes of this Act except where the context otherwise requires.

(2) References to the alteration of school premises include making improvements, extensions or additions to the premises; and “alterations”, in relation to any school premises, shall be construed similarly except that it does not include a significant enlargement of the premises.

(3) References to the enlargement of any school premises include any modification of the school’s existing premises which has the effect of increasing the number of pupils for whom accommodation can be provided.

(4) Subject to section 41(4) and section 266(1), references to a change in the character of a school include, in particular, changes in character resulting from—

(a) education beginning or ceasing to be provided for pupils above or below a particular age, for boys as well as girls or for girls as well as boys, or

(b) the making or alteration of arrangements for the admission of pupils by reference to ability or aptitude.

(5) In relation to a change in the character of a school or an enlargement of school premises, “significant” implies that there is a substantial change in the function or size of the school.

(6) If a question arises whether a change in the character of a county, voluntary or grant-maintained school or an enlargement of its premises would be a significant change or enlargement, that question shall be determined by the Secretary of State.