(This note is not part of the Regulations)
These are consolidating Regulations which except for Regulation 4 come into force on 27th March 2007. Regulation 4 comes into force on the coming into force of regulations made under section 18 of the Education and Inspections Act 2006 (“EIA 2006”).
They revoke and replace the Regulations set out below, and make a number of substantive changes:
The Education (Objections to Admission Arrangements) Regulations 1999,
The Education (Objection to Admission Arrangements) (Amendment) (England) Regulations 2002,
The Education (Variation of Admission Arrangements) (England) Regulations 2002, and
The Education (Variation of Admission Arrangements) (England) (Amendment) Regulations 2005.
Part 1 (regulation 4) restricts the alteration of admission arrangements following the establishment or expansion of a maintained school (provided that they do not relate to the establishment of or alteration to a new foundation or voluntary school which is to provide education suitable only to the requirements of persons above compulsory school age). This is a new provision made under section 89D of the School Standards and Framework Act 1998 (“SSFA 1998”), inserted by EIA 2006. It provides that, following establishment or expansion, arrangements may not be altered for the school year in which the establishment or expansion has occurred, and for the two subsequent school years. It also provides that, exceptionally, arrangements may be varied by the adjudicator during that period.
Part 2 (regulation 5) makes provision for the variation of determined admission arrangements under section 89 of SSFA 1998.
It prescribes circumstances, in addition to those set out in section 89(5) of SSFA 1998, in which an admission authority may vary determined admission arrangements for a particular school year, and circumstances in which such variation may be made without reference to the adjudicator. It adds a new provision enabling a variation (other than one which involves the addition of over subscription criteria) to be made without reference to the adjudicator in order to give effect to the requirements of the School Admissions Code issued in 2007, or Part 3 of SSFA 1998.
Part 3 makes provision in relation to the reference to the adjudicator or Secretary of State of objections to determined admission arrangements under section 90 of SSFA 1998. It consolidates previous Regulations relating to objections to admission arrangements.
Regulation 6 prescribes the types of objections that may not be referred under section 90(1).
Regulation 7 prescribes the time limits within which objections under section 90(1) and 90(2) may be made. It also inserts a new provision, consequent upon the new provision in regulation 9, relating to the time within which a parent may make an objection under regulation 9(1)(c).
Regulation 8 prescribes the classes of parent who are eligible to refer an objection. It also introduces a new class of parent who may make an objection under regulation 9(1)(c).
Regulation 9 prescribes the description of objections that may be referred by a parent under section 90(2)(c). It also inserts a new class of objection in regulation 9(1)(c) - that any aspect of a school's oversubscription criteria is not in accordance with a requirement of the School Admissions Code or Part 3 of SSFA 1998.
Regulation 10 prescribes the condition to be met before an objection by parents must be determined.
Regulation 11 with Schedule 2 is a new provision made under section 90(9)(ba) of SSFA 1998, inserted by EIA 2006. It provides that an admission authority must provide any of the information set out in Schedule 2, if requested by the adjudicator.
Regulation 12 is a new provision prescribing the manner in which reports made by the Secretary of State or the adjudicator under section 90(5B) of SSFA 1998, inserted by EIA 2006, must be published.
Regulation 13 prescribes the circumstances in which an admission authority may revise its admission arrangements in light of a decision by the adjudicator or the Secretary of State upholding, or partially upholding, an objection to another school's arrangements.
Regulation 14 is a new provision made under section 90A of SSFA 1998, inserted by EIA 2006. It provides that, where an admission authority have revised their admission arrangements following a decision of the adjudicator or the Secretary of State under section 90, the relevant provisions must also be incorporated into the school's admission arrangements for two subsequent school years. It also provides that, exceptionally, the authority may refer an alteration to those provisions to the adjudicator during that period where there has been a major change in circumstances.