PART IGENERAL

Citation, commencement and revocation

1.-(1) These Regulations may be cited as the Education (School Premises) Regulations 1996 and shall come into force on 1st September 1996.

(2) The Regulations, and the provisions in Regulations, listed in Schedule 1 are hereby revoked.

Interpretation

2.-(1) Except where the context otherwise requires, in these Regulations-

"the 1993 Act" means the Education Act 1993;

"boarding school" means a school with boarding pupils whether or not it also has day pupils;

"circulation space" means any passageway, corridor, entrance hall, stairs or upstairs landing;

"glare index" has the same meaning as in, and shall be calculated in accordance with, the Chartered Institution of Building Services Engineers Technical Memoranda, "TM10:&4uspace;The Calculation of Glare Indices 1985"(3);

"maintained illuminance" has the same meaning as in the Chartered Institution of Building Services Engineers Code for Interior Lighting 1994(4);

"physical education" includes the playing of games;

"playing fields" means so much of an outdoor area provided for physical education as, having regard to its configuration, is suitable for the playing of team games and is laid out for that purpose;

"relevant facility" means any facility referred to in paragraphs (2) to (7) of regulation 3;

"sanitary fitting" means a water closet or urinal;

"school" means a grant-maintained school(5), a grant-maintained special school(6) or a school maintained by a local education authority, but a department of a school which has a separate head teacher shall be treated as a separate school;

"school building" means any building or part of a building forming part of a school;

"special school" means a special school maintained by a local education authority or a grant-maintained special school(7);

"staff", in relation to a school, means both teachers and other persons employed at the school;

"teaching accommodation" means accommodation provided for teaching purposes including nursery playroom accommodation;

"washroom" means a room containing at least one sanitary fitting and at least one washbasin;

"a wholesome supply of water for domestic purposes" shall be construed in accordance with regulations made under section 67 of the Water Industry Act 1991(8);

"working plane" means the horizontal, vertical or inclined surface on which any task is carried out.

(2) For the purposes of these Regulations a pupil has "special requirements" if he has any needs arising from physical, medical, sensory, learning, emotional or behaviourial difficulties which require provision in terms of any of the facilities referred to in regulation 3 or regulation 9 which is additional to or different from that generally required by children of his age in schools other than special schools.

(3) In these Regulations, the abbreviations "m", "m²", and "°C" are used to denote the expressions "metre", "square metre" and "degree Celsius" respectively.

(4) In relation to a school any reference in these Regulations to the number of pupils, number of pupils of a specified age, or the number of boarding pupils is a reference to the number from time to time determined-

(a)in the case of a county school or a nursery or special school established by a local education authority or a former authority, by the local education authority by whom the school is maintained;

(b)in the case of a voluntary school or a special school not so established (not including a grant-maintained special school), by the governing body of the school in agreement with the local education authority by whom it is maintained;

(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 numbers having regard to the numbers specified in, or to be inferred from, the proposals published in pursuance of (as the case may be):

(i)section 12 of the Education Act 1980;

(ii)section 13 of the Education Act 1980;

(iii)section 48 of the 1993 Act;

(iv)section 49 of the 1993 Act; or

(v)section 183 of the 1993 Act.

(5) 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.

(6) For the purposes of these Regulations, 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;

(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.

(7) 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 these Regulations whether the school has pupils who have not, or have, attained that age.

(8) Except where the context otherwise requires, in these Regulations any reference to a regulation or Schedule is a reference to a regulation of, or Schedule to, these Regulations, any reference in a regulation or Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph.

PART IISCHOOL FACILITIES

Washrooms etc. for pupils

3.-(1) In every school there shall be relevant facilities which are adequate having regard to the ages, sex and numbers of the pupils and any relevant special requirements they may have but never less than as set out in paragraphs (2) to (7).

(2) In every school there shall be washrooms for pupils which, taken together, contain a number of sanitary fittings which is at least equal to "the basic number" being-

(a)the aggregate of-

(i)10% of the number of pupils at the school who have not attained the age of 5 years, and

(ii)5% of the number of pupils at the school who have attained that age; or

(b)in the case of a special school, 10% of the number of pupils at the school,

in each case rounded up to the nearest whole even number.

(3) In considering for the purposes of paragraph (2) the washrooms in the school and the number of sanitary fittings contained therein, account shall be taken of any washroom for use by any pupil which fulfils the conditions set out in regulation 4(3)(b) provided that, in the case of a school with both male and female pupils who have attained the age of 8 years, there are at least two other washrooms for pupils.

(4) (a) In a school at which the majority of the pupils have attained the age of 11&4uspace;years-

(i)every washroom for pupils in which there are fewer than 3 sanitary fittings shall contain at least as many washbasins as there are sanitary fittings,

(ii)every other washroom for pupils shall contain a number of washbasins which is not less than two-thirds of the number of sanitary fittings.

(b)In any other school, in all the washrooms for pupils taken together, the number of washbasins shall not be less than the basic number of sanitary fittings calculated in accordance with paragraph (2).

(5) (a) Except as provided in regulation 4(3), washrooms for male and female pupils who have attained the age of 8 years shall be separate.

(b)In a washroom provided for male pupils and female pupils and in a washroom provided for female pupils only all of the sanitary fittings shall be water closets.

(6) In the case of a school with pupils who have not attained the age of 5 years, one shower, bath or deep sink shall be provided for every 40 such pupils, the number of such pupils being rounded up to the nearest multiple of 40.

(7) Changing accommodation including showers shall be provided for pupils who have attained the age of 11 years and are in receipt of physical education and that accommodation shall be readily accessible from the school grounds and from any accommodation provided for physical education within the school buildings.

Washrooms for staff

4.-(1) In every school there shall be a washroom or washrooms which are adequate for the number of staff at the school.

(2) Except as provided in paragraph (3), washrooms for staff shall be separate from washrooms for pupils.

(3) (a) A washroom which fulfils the conditions set out in sub-paragraph (b) may be provided for use by any pupil, member of staff or visitor to the school.

(b)The conditions referred to in sub-paragraph (a) are that:

(i)the washroom makes provision (in so far as it is in the circumstances both practicable and reasonable) for the needs of persons using the premises who are disabled;

(ii)the only relevant facilities in the washroom are one water closet and one washbasin; and

(iii)any door of the washroom is capable of being secured from the inside and opens directly onto a circulation space other than stairs.

Medical accommodation

5.-(1) In every school there shall be accommodation for the medical or dental examination and treatment of pupils by doctors, dentists or nurses and for the care of pupils during school hours.

(2) The accommodation provided in pursuance of this regulation shall contain a washbasin and be reasonably near a water closet.

(3) Account shall be taken for the purposes of this regulation of accommodation (not being teaching accommodation) provided otherwise than for the purposes mentioned in paragraph (1) but which is both appropriate and readily available for those purposes, in particular, in the case of a boarding school, of sick room accommodation provided in pursuance of regulation 12.

Staff accommodation

6.-(1) In the case of-

(a)a nursery school;

(b)a school with more than 120 pupils, other than a pupil referral unit(9); or

(c)a special school,

the school shall include a head teacher's room.

(2) Every school, other than a pupil referral unit, shall include accommodation for use by the teachers at the school, for the purposes of work (otherwise than in teaching accommodation) and for social purposes.

Ancillary facilities

7. The buildings provided for a school shall be adequate to permit the provision of appropriate ancillary facilities, in particular-

(a)for the safe and convenient passage of persons and movement of goods within the buildings;

(b)for storing and drying pupils' outdoor clothing and for storing their other belongings; and

(c)for the preparation of food and drinks and the washing of crockery and other utensils.

PART IIISCHOOL ACCOMMODATION-PROVISIONS APPLYING ONLY TO BOARDING SCHOOLS

Sleeping accommodation for boarding pupils

8.-(1) A boarding school shall include sleeping accommodation which is adequate for the number of boarding pupils at the school and satisfies the requirements of paragraphs (2) to (5).

(2) In the case of a school with both male and female boarding pupils the sleeping accommodation shall be such that no pupil who has attained the age of 8 years shall sleep in the same room as a pupil of the opposite sex.

(3) The floor area of a dormitory shall not be less than the aggregate of 4.2 m² for each pupil sleeping in the dormitory and 1.6 m², and there shall be a distance of not less than 0.9&4uspace;m between any two beds in a dormitory.

(4) A cubicle for a single pupil shall have its own window and its floor area shall not be less than 5.0 m².

(5) A bedroom for a single pupil shall be of a floor area not less than 6.0 m².

Washroom accommodation for boarding pupils

9.-(1) Water closets, washbasins, baths and showers shall be provided in a boarding school distributed through the school buildings so as to be reasonably accessible to the sleeping accommodation; and such fittings shall be adequate, having regard to the ages, sex and numbers of the boarding pupils at the school and any special requirements they may have, but never less than as set out in paragraphs (2) to (4).

(2) There shall be at least one water closet for every five boarding pupils.

(3) There shall be at least one washbasin-

(a)for every three of the first 60 boarding pupils;

(b)for every four of the next 40 boarding pupils; and

(c)for every further 5 boarding pupils.

(4) There shall be at least one bath or shower for every ten boarding pupils and at least 25% of the minimum number of such fittings shall be baths.

(5) Fittings required by this regulation are in addition to those required by regulation 3 save that where the fittings required by regulation 3 are reasonably accessible to the sleeping accommodation they shall be taken into account for the purposes of this regulation.

(6) Where in paragraphs (2) to (4) of this regulation the number of pupils to be used in the calculation is not an exact multiple of three, four, five or ten as the case may be, then it shall be rounded up to the next number which is such a multiple.

Living accommodation

10.-(1) A boarding school shall include living accommodation (both for the purposes of private study outside school hours and for social purposes) for the boarding pupils at the school of an aggregate floor area not less than 2.3 m² for each such pupil.

(2) In the case of a school where either-

(a)some or all the sleeping accommodation comprises study bedrooms or cubicles; or

(b)the boarding accommodation is adjacent to other school accommodation which is appropriate for use outside school hours as living accommodation for boarding pupils,

then such accommodation shall be taken into account for the purposes of this regulation.

Accommodation for the preparation and consumption of meals

11.-(1) A boarding school shall include accommodation-

(a)for the preparation of meals for boarding pupils; and

(b)in which such pupils may eat meals.

(2) If the boarding accommodation is adjacent to other school accommodation which is appropriate for use as mentioned in paragraph (1), that other accommodation shall be taken into account for the purposes of this regulation.

Sick rooms

12.-(1) A boarding school shall include, as part of the boarding accommodation-

(a)one or more sick rooms;

(b)if the school has more than 40 boarding pupils, one or more separate isolation rooms; and

(c)associated facilities by way of baths, washbasins and water closets,

which satisfy the requirements of paragraphs (2) and (3).

(2) In the case of a school with both male and female boarding pupils, any of whom have attained the age of 8 years, separate sick rooms shall be provided for male pupils and for female pupils.

(3) The floor area of a sick room or isolation room shall not be less than 7.4 m² for each bed and there shall be a distance of not less than 1.8&4uspace;m between any two beds in a sick room or isolation room.

(4) A cubicle for a single pupil shall have its own window.

Staff accommodation

13. The accommodation provided for persons employed as residential staff at a boarding school shall be separate from that provided for the pupils and include in particular-

(a)accommodation in which meals are taken;

(b)sleeping accommodation; and

(c)associated facilities by way of water closets, washbasins, baths and showers.

Storage facilities

14. A boarding school shall include adequate storage facilities for pupils' belongings and adequate facilities for the storage and care of linen.

PART IVPROVISIONS RELATING TO 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, having regard in particular to the matters mentioned in paragraph (2), shall be such that the safe escape of the occupants of the school buildings 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.-(1) 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-

(a)shall have lighting appropriate to its normal use; and

(b)shall satisfy the requirements of paragraphs (2) to (4).

(2) Subject to paragraph (3), the maintained illuminance of teaching accommodation shall be not 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 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 column (1) of the Table below the air temperature set out opposite thereto, in column (2) of that Table, at a height of 0.5&4uspace;m above floor level when the external air temperature is −1°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 also 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 room in which there may be steam or 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, 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

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 a school to which this regulation applies playing fields shall be provided which satisfy the provisions specified in Schedule 2.

Regulation 1(2)

SCHEDULE 1LIST OF REVOCATIONS

The Education (School Premises) Regulations 1981(10),

The Education (School Premises) (Amendment) Regulations 1989(11),

The Education (School Premises) (Amendment) Regulations 1990(12),

Regulation 42(2) of the Education (Grant-maintained Special Schools) Regulations 1994(13),

Regulation 8(2) of the Education (Special Schools Conducted by Education Associations) Regulations 1994(14), and

Paragraph 2 of Schedule 2 to the Education (Pupil Referral Units) (Application of Enactments) Regulations 1994(15).

Regulation 24

SCHEDULE 2PLAYING FIELDS

1.-(1) In this Schedule any reference to a school is a reference to a school with pupils who have attained the age of 8 years.

(2) Paragraph 3 shall have effect subject to the provisions of paragraph 5.

2.-(1) Subject to sub-paragraph (2), the grassed area of a playing field shall be such that it can sustain the playing of team games thereon for 7 hours a week during schools terms.

(2) This paragraph shall not apply in relation to so much of a playing field as exceeds the minimum area hereinafter required.

3.-(1) This paragraph shall apply in the case of any school which is not a special school.

(2) In the case of a school to which this paragraph applies the playing fields shall be of a minimum total area determined (subject to sub-paragraph (3)) 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.

(3) Should the number of pupils at the school who have attained the age of 8 years exceed 1,950 the playing field 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 (2)(a), or 75,000², 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.

4.-(1) This paragraph shall apply in the case of a special school with pupils who receive outdoor physical education.

(2) In the case of a school to which this paragraph applies the playing fields shall be adjoining, or in the immediate vicinity of, the school buildings and the total area thereof shall be such as takes account of the need of pupils to participate, where appropriate, in suitable physical activities, including team games.

5.-(1) For the purposes of paragraph 3 a playing field with a hard porous surface which is large enough for the playing of team games may be treated as if it were twice its actual area.

(2) In the case of a school which enjoys the benefit of facilities for-

(a)regular instruction in swimming whether at the school or otherwise;

(b)indoor instruction in team games whether at the school or otherwise; or

(c)outdoor instruction in team games available otherwise than at the school or on synthetic surfaces at the school,

the minimum areas specified in paragraph 3 shall be reduced so far as is reasonable having regard to the facilities mentioned above.

Explanatory Note

(This note is not part of the Regulations)

These Regulations supersede the Education (School Premises) Regulations 1981 (as amended) ("the 1981 Regulations") which are revoked. The Regulations apply to schools maintained by local education authorities (including pupil referral units) and grant-maintained and grant-maintained special schools in England and Wales.

Part I contains 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.

The detailed requirements in the 1981 Regulations relating to recreation areas, teaching accommodation, accommodation for private study and social purposes for pupils who have attained 16, the adequacy of land provided for the school for ancillary facilities, and the adequacy of school buildings for the storage of apparatus, equipment, and materials used in teaching and of furniture and fuel, no longer apply.

The requirements in the 1981 Regulations relating to washrooms for pupils and staff are retained with some modifications. A new requirement has been introduced that sanitary facilities must be adequate, and separate washrooms must be provided for male and female pupils who have attained 8 years. Changing accommodation must be provided for pupils who have attained 11 years and are in receipt of physical education (not 8&4uspace;years as in the 1981 Regulations).

A new provision is introduced relating to certain washrooms which make provision for the needs of the disabled. Such washrooms may be used by any pupil, member of staff or visitor to the school.

Part III contains provisions about accommodation which must be available in boarding schools to which the Regulations apply. The requirements in the 1981 Regulations are retained except that a new requirement that sleeping and washroom accommodation must be adequate is introduced.

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

Part V and Schedule 2 retain with minor modifications the provisions about playing fields in the 1981 Regulations. These do not apply to pupil referral units (as defined in section 298(2) of the Education Act 1993).