Statutory Instruments 1999 No. 2
The Education (School Premises) Regulations 1999
- continued

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PART IV

structural requirements etc.
Load bearing structure
     15. Any load bearing structure in a school building shall be capable of safely sustaining and transmitting the dead load and imposed loads, and the horizontal and inclined forces, to which it is likely to be subjected.

Weather protection
    
16. A school building shall provide reasonable resistance to penetration by rain, snow and wind and to moisture rising from the ground.

Health, safety and welfare
    
17.  - (1) Every part of a school building and of the land provided for a school shall, having regard in particular to the matters mentioned in paragraph (2), be such that the safe escape of the occupants in case of fire is reasonably assured.

    (2) The matters referred to in paragraph (1) are - 

    (a) the likely rate at which flames would spread across exposed surfaces;

    (b) resistance to fire of the structures and of the materials of which the structures are made and their other properties; and

    (c) the means of escape in case of fire.

    (3) Every part of a school building and of the land provided for a school shall be such that the health, safety and welfare of the occupants in aspects other than those referred to in paragraph (1) are reasonably assured.

Acoustics
    
18. Each room or other space in a school building shall have the acoustic conditions and the insulation against disturbance by noise appropriate to its normal use.

Lighting
    
19.  - (1) Each room or other space in a school building - 

    (2) Subject to paragraph (3), the maintained illuminance of teaching accommodation shall not be less than 300 lux on the working plane.

    (3) In teaching accommodation where visually demanding tasks are carried out provision shall be made for maintained illuminance of not less than 500 lux on the working plane.

    (4) The glare index shall be limited to no more than 19.

Heating
    
20.  - (1) Each room or other space in a school building shall have such a system of heating, if any, as is appropriate to its normal use.

    (2) Any such heating system shall be capable of maintaining in the areas set out in columm (1) of the Table below the air temperature set out opposite thereto in column (2) of that Table, at a height of 0.5 m above floor level when the external air temperature is -1°C.


TABLE
(1) (2)
Areas Temperature
Areas where there is a lower than normal level of physical activity because of sickness or physical disability including sick rooms and isolation rooms but not other sleeping accommodation 21°C
Areas where there is the normal level of physical activity associated with teaching, private study or examinations 18°C
Areas where there is a higher than normal level of physical activity (for example arising out of physical education) and washrooms, sleeping accommodation and circulation spaces. 15°C

    (3) Each room or other space which has a heating system shall, if the temperature during any period during which it is occupied would otherwise be below that appropriate to its normal use, be heated to a temperature which is so appropriate.

    (4) In a special school, nursery school or teaching accommodation used by a nursery class in a school the surface temperature of any radiator, including exposed pipework, which is in a position where it may be touched by a pupil shall not exceed 43°C.

Ventilation
    
21.  - (1) All occupied areas in a school building shall have controllable ventilation at a minimum rate of 3 litres of fresh air per second for each of the maximum number of persons the area will accommodate.

    (2) All teaching accommodation, medical examination or treatment rooms, sick rooms, isolation rooms, sleeping and living accommodation shall also be capable of being ventilated at a minimum rate of 8 litres of fresh air per second for each of the usual number of people in those areas when such areas are occupied.

    (3) All washrooms shall be capable of being ventilated at a rate of at least six air changes an hour.

    (4) Adequate measures shall be taken to prevent condensation in, and remove noxious fumes from, every kitchen and other rooms in which there may be steam or noxious fumes.

Water supplies
    
22.  - (1) A school shall have a wholesome supply of water for domestic purposes including a supply of drinking water.

    (2) Water closets and urinals shall have an adequate supply of cold water and washbasins, sinks (including deep sinks), baths and showers shall have an adequate supply of hot and cold water.

    (3) The temperature of hot water supplies to baths and showers shall not exceed 43°C.

Drainage
    
23. A school shall be provided with an adequate drainage system for hygienic purposes and the general disposal of waste water and surface water.



PART V

Playing Fields

Playing fields
    
24.  - (1) This regulation shall apply in the case of a school for pupils who have attained the age of 8 years (whether or not the school also has pupils who have not attained that age) other than a pupil referral unit.

    (2) In the case of any school to which this regulation applies, team game playing fields shall be provided which satisfy the provisions specified in Schedule 2.



PART VI

Revocation and Savings

Revocation
    
25. The Education (School Premises) Regulations 1996[6] (in this part referred to as "the 1996 Regulations") are hereby revoked.

Savings
     26.  - (1) Where immediately before 1st February 1999 team game playing fields were provided which satisfied the requirements of paragraph 5 of Schedule 2 to the 1996 Regulations by virtue of paragraph 5(2) of that Schedule, the team game playing fields shall, subject to paragraph (3), be treated as satisfying the requirements of paragraph 3 of Schedule 2 to these regulations provided that - 

    (a) the school continues to enjoy the benefit of the same facilities mentioned in paragraph 5(2) of Schedule 2 to the 1996 Regulations as were available at 1st February 1999; and

    (b) the total area of the team game playing fields is no smaller than it was at that date.

    (2) Where immediately before 1st February 1999 team game playing fields were provided for a special school which - 

    (a) satisfied the requirements (where applicable) of paragraph 4(2) of Schedule 2 to the 1996 Regulations, but

    (b) were of an area smaller than the area required by paragraph 3 of Schedule 2

the team game playing fields shall nevertheless, subject to paragraph (3), be treated as satisfying the requirements of paragraph 3 of Schedule 2 provided that the total area of team game playing fields is no less than it was at that date.

    (3) Paragraphs (1) and (2) shall cease to apply - 

    (a) if at any time there is a step increase in the number of pupils at the school; or

    (b) if any team game playing fields provided for the school are different from those provided immediately before 1st February 1999.

    (4) In paragraph (3)(a) above a step increase is an increase in the number of pupils which, if paragraph (1) or (2) did not apply before the increase, would have had the effect that, in accordance with paragraph 3 of Schedule 2, a greater area of team game playing fields would have been required to be provided.


Charles Clarke
Parliamentary Under-Secretary of State,Department for Education and Employment

4th January 1999


Peter Hain
Parliamentary Under-Secretary of State,Welsh Office

21st December 1998



SCHEDULE 1
Regulation 2(4)


determination of numbers of pupils


     1. On and after 1st September 1999 the numbers of pupils for the purposes of regulation 2(4) shall be determined - 

    (a) in the case of a community school, a nursery school which is not a special school, a community special school or a pupil referral unit, by the local education authority by whom the school is maintained; and

    (b) in the case of a foundation, voluntary or foundation special school, by the governing body of the school in agreement with the local education authority by whom the school is maintained;

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 the 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) or (b) 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 28 or 31 of, or paragraph 5 of Schedule 7 to, the 1998 Act as the case may be (or, in the case of a school established on or after 1st September 1999 pursuant to proposals published before that date, the proposals published in pursuance of sections 35, 41, 211, 212, 339 or 502 of the 1996 Act as the case may be).

     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.

     3. In calculating the number of pupils or number of pupils of a specified age, where one registered pupil attends only the morning sessions and another registered pupil attends only the afternoon sessions those two pupils shall count only as a single registered pupil.

     4. For the purposes of this Schedule, a pupil shall, throughout any period of a year beginning on the first day of the autumn term, be treated as being of the age which was his age immediately before the beginning of that year:

provided that - 

    (a) where in the course of any such year a child attains the age of five years and is admitted to a school, he shall be treated as if he were of that age immediately before the beginning of that year; and

    (b) where the admission arrangements for a school provide for the admission otherwise than to nursery classes of children who will attain the age of five years within six months after their admission, children so admitted shall be treated as being five years of age notwithstanding that they have not attained that age.

     5. Where the number of pupils at a school who have, or have not, attained a specified age is no more than 2% of the total number of pupils at the school, or two, whichever is greater, those pupils shall be disregarded in determining for the purposes of this Schedule whether the school has pupils who have not, or have, attained that age.



SCHEDULE 2
Regulation 24


playing fields


     1. In this Schedule any reference to a school is a reference to a school to which regulation 24 applies.

     2.  - (1) Subject to sub-paragraph (2), the grassed area of team game playing fields provided for any school shall be such that it can sustain the playing of team games thereon by pupils at the school for 7 hours a week during school terms.

    (2) This paragraph shall not apply in relation to so much of team game playing fields as exceeds the minimum area specified in paragraph 3.

     3.  - (1) The team game playing fields provided for any school shall be of a minimum total area determined (subject to sub-paragraph (2)) in accordance with the following Table by reference to the number of pupils at the school who have attained the age of 8 years and that area shall be the area specified opposite the entry in column (1) of the Table within which that number falls - 

    (a) in column (2) thereof, in the case of a school with pupils who have not attained the age of 11 years; and

    (b) in column (3) thereof, in the case of any other school.

    (2) Should the number of pupils at the school who have attained the age of 8 years exceed 1,950, the team game playing fields shall be of a minimum total area equal to the aggregate of - 

    (a) 70,000 m2, in the case of a school mentioned in sub-paragraph (1)(a), or 75,000 m2, in the case of any other school; and

    (b) 5,000 m2 for each complete 150 by which the said number of pupils exceeds 1,801.


    TABLE Minimum area of team game playing fields for schools
      Minimum total area in m2
    (1) (2) (3)
    Total number of pupils who have attained the age of 8 years (entries to be construed inclusive of both numbers specified) Schools with pupils who have not attained the age of 11 years Other schools
    100 or fewer 2,500 5,000
    101 to 200 5,000 10,000
    201 to 300 10,000 15,000
    301 to 400 15,000 20,000
    401 to 500 20,000 25,000
    501 to 600 25,000 30,000
    601 to 750 30,000 35,000
    751 to 900 35,000 40,000
    901 to 1,050 40,000 45,000
    1,051 to 1,200 45,000 50,000
    1,201 to 1,350 50,000 55,000
    1,351 to 1,500 55,000 60,000
    1,501 to 1,650 60,000 65,000
    1,651 to 1,800 65,000 70,000
    1,801 to 1,950 70,000 75,000

    (3) For the purposes of this paragraph any part of team game playing fields which has an all weather surface, (that is to say a hard porous surface, a synthetic surface or a polymeric surface) may be treated as if it were twice its actual area.



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations revoke and re-enact with modifications the Education (School Premises) Regulations 1996 ("the 1996 Regulations"). The Regulations apply to schools maintained by local education authorities (including pupil referral units) and, until 1st September 1999, to grant-maintained and grant-maintained special schools in England and Wales.

Part I and Schedule 1 contain provisions of general application (regulations 1 and 2).

Part II contains provisions about accommodation which must be available in all schools to which the Regulations apply.

Part III contains provisions about accommodation which must be available in boarding schools to which the regulations apply.

Part IV contains provisions about structural requirements and health, safety and welfare, which apply to all schools.

Part V and Schedule 2 contain provisions about playing fields.

Apart from drafting changes the changes are - 

    (a) a washroom provided for pupils and staff who are disabled may contain a deep sink or shower;

    (b) the requirement for the provision of accommodation for the care of pupils is not restricted to the care of pupils during school hours;

    (c) subject to savings contained in regulation 26 the provisions formerly in paragraph 5(2) of Schedule 2 whereby the minimum areas of playing fields could be reduced in certain circumstances are not continued; and

    (d) subject to savings contained in regulation 26 the minimum area requirement for team game playing fields (as defined) is extended to special schools;

    (e) team game playing fields with an all weather surface may count as twice their area for the purpose of the minimum area requirement for team game playing fields;

    (f) changes are made consequential on the new school framework contained in the School Standards and Framework Act 1998.


Notes:

[5] The Regulations currently in force are the Water Supply (Water Quality) Regulations 1989 (S.I. 1989/1147; amended by S.I. 1989/1384, 1991/1837, 2790) and the Private Water Supplies Regulations 1991 (S.I. 1991/2790).back

[6] S.I. 1996/360.back



ISBN 0 11 080331 0


 
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