7References of objections to the adjudicator
(1) Where initial admission arrangements have been determined by an admission authority under regulation 5(6)(a) an objection to those arrangements may be referred to the adjudicator by any person consulted by the admission authority under regulation 5(2) providing that—
(a) the objection does not fall within any description of objection prescribed under regulation 2(2) of SI 1999/125, or
(b) in any case where regulation 6(4) applies, the objection does not relate to the admission number in circumstances where any approval of the proposals (whether with or without modification of the admission number) is less than six months before the intended school opening date.
(2) Subject to paragraph (3), an objection may not be referred under paragraph (1) unless it is received by the adjudicator within 6 weeks after the receipt by the objecting person of the notification required by virtue or regulation 5(6)(b).
(3) An objection which is received after the end of the period specified in paragraph (2) shall nevertheless be regarded as properly referred if the adjudicator is satisfied that it was not reasonably practicable for the objection to have been received earlier than the time when it was received.
(4) On a reference under paragraph (1) the adjudicator shall either—
(a) decide whether, and (if so) to what extent, the objection should be upheld, or
(b) where the objection is about any criterion for admission to a new school relating to a person's religion, religious denomination or religious practice, refer it to the Secretary of State for that question to be decided by him,
save that nothing in this paragraph shall require the adjudicator to make such a determination before—
(i) proposals published under section 28(1) and (2) of the 1998 Act, have been approved or determined to be implemented in accordance with the provisions of Schedule 6 to that Act,
(ii) proposals made under section 113A of the 2000 Act, have been approved in accordance with the provisions of subsection (5) of that section,
(iii) proposals published under section 70 of the 2002 Act, have been approved in accordance with the provisions of Schedule 8 to that Act.
(5) Where the objection is referred to the Secretary of State under paragraph (4)(b), the adjudicator shall, if the Secretary of State so requests, give his advice on the question referred to in that provision.
(6) Where the adjudicator or the Secretary of State decides that an objection should be upheld to any extent, his decision on the objection may specify the modifications that are to be made to the initial admission arrangements in question.
(7) The decisions of the adjudicator or the Secretary of State (as the case may be) and the reasons for them shall be publicised by notification in writing to the admission authority or person (as the case may be) making the objection and to all other persons whom the admission authority was required to consult about the initial admission arrangements under regulation 5(2).
(8) The decision of the adjudicator or the Secretary of State (as the case may be) shall, in relation to the initial admission arrangements in question, be binding on the admission authority and on any persons by whom an objection about those arrangements may be made under paragraph (1); and if that decision is to uphold the objection to any extent, those arrangements shall forthwith be revised by the admission authority in such a way as to give effect to that decision.
Specified date: 8 May 2003: see reg 1(1).