The School Organisation (Prescribed Alterations to Maintained Schools) (England) (Amendment) Regulations 2025
Source: legislation.gov.uk (2025-03-03)

These Regulations amend regulation 4(3) and paragraph 2 of Schedule 2, and omit paragraph 3 of Schedule 2 to the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013 (S.I. 2013/3110) so that adding or removing nursery provision or changing the age range of an existing nursery provision is no longer a prescribed alteration. This means that nursery provision may be added or removed at voluntary, foundation and community schools without the requirement to follow the statutory prescribed alteration process. Age range changes of a year or more excluding age range changes related to nursery provision are a prescribed alteration for voluntary, foundation and community schools.

Statutory Instruments

2025 No. 94

EDUCATION, ENGLAND

The School Organisation (Prescribed Alterations to Maintained Schools) (England) (Amendment) Regulations 2025

Made

28th January 2025

Laid before Parliament

30th January 2025

Coming into force

3rd March 2025

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 18(1) and (3) and 181(2) of the Education and Inspections Act 2006(1 (\"#f00001\")).

Citation, commencement and extent

1.—(1) These Regulations may be cited as the School Organisation (Prescribed Alterations to Maintained Schools) (England) (Amendment) Regulations 2025.

(2) These Regulations come into force on 3rd March 2025.

(3) These Regulations extend to England and Wales.

Amendment of the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013

2.—(1) The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013(2 (\"#f00002\")) are amended in accordance with paragraphs (2) to (3).

(2) In regulation 4, in paragraph (3), for “3” substitute “2”.

(3) In Schedule 2—

(a)in the heading to paragraph 2 (alteration of upper or lower age limit of a community school including the addition or removal of nursery or sixth form provision)—

(i)after “community”, insert “, voluntary or foundation”;

(ii)omit “nursery or”;

(b)for paragraph 2, substitute—

“2. The alteration of the upper or lower age limit of a community, voluntary or foundation school by a year or more (including the addition or removal of sixth form provision but excluding alterations to, or the addition or removal of nursery provision), except where the alteration is a temporary one which it is anticipated will be in place for no more than two years.”;

(c)omit paragraph 3.

Catherine McKinnell

Minister for School Standards

Department for Education

28th January 2025

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend regulation 4(3) and paragraph 2 of Schedule 2, and omit paragraph 3 of Schedule 2 to the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013 (S.I. 2013/3110 (\"http://www.legislation.gov.uk/id/uksi/2013/3110\")) so that adding or removing nursery provision or changing the age range of an existing nursery provision is no longer a prescribed alteration. This means that nursery provision may be added or removed at voluntary, foundation and community schools without the requirement to follow the statutory prescribed alteration process. Age range changes of a year or more excluding age range changes related to nursery provision are a prescribed alteration for voluntary, foundation and community schools.

A further effect of these amendments is the standardisation of the number of year groups for other alterations of upper or lower age limits of maintained schools, excluding age range changes relating to nursery provision, (to a year or more), to bring foundation and voluntary schools in line with community schools.

An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk (\"http://www.legislation.gov.uk\").

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sector is foreseen.

(1)

2006 c. 40 (\"http://www.legislation.gov.uk/id/ukpga/2006/40\").

(2)

S.I. 2013/3110 (\"http://www.legislation.gov.uk/id/uksi/2013/3110\").